Day & Zimmermann, Inc.

In the Matter - of DAY & ZIMMERMANN , INC. and INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WAREHOUSEMEN' •AND HELPERS OF AMERICA, LOCAL UNION No. 218, A. F. of L. Case No. R-3792.-Decided May 18,1944 Jurisdiction : operations under contract of an ordnance plant owned by United States Government. Investigation and Certification of Representatives : existence of question: Coin- pany,refused to accord petitioner's request for exclusive recognition; election necessary. Unit Appropriate for. Collective Bargaining : all truck drivers and chauffeurs at ,the Company's Iowa Ordnance Plant. Mr. Russell Packard, for the Board. Mr. George B. Yard• and Mr. Theodore J. Morrison, of Burlington, Iowa, for the Company. Mr. Gordon Hathaway and Mr. R. J. Ttaeedell, of Burlington, Iowa, for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upoq petition duly filed by International Brotherhood of Teams- ters, * Chauffeurs, Warehousemen and Helpers of America, Local Union No. 218, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Day & Zimmermann, Inc., Burlington, Iowa, .,herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before James ,C., Batten, Trial Examiner. Said hearing was held at Burlington, Iowa, on May 1, 1942. The Board, the Company, and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 41 N. L. R. B, No. 7. 24 DAY & ZIMME'RuMANN, INC. 25' Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Day & Zimmermann, Inc., operates the Iowa Ordnance Plant at Burlington, Iowa, under a contract with the United States Govern- ment. The United States Government owns all the physical property at the Iowa Ordnance Plant. The Company is engaged in the business of loading ammunition, shells, and bombs for the United States Government at the Iowa Ordnance Plant. All materials used by the' Company'are furnished by the United States Government, and in turn all finished products at the plant are shipped by it.1 II. THE ORGANIZATION INVOLVED International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local Union No. 218, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTAAFION During November 1941, the Union presented a proposed contract to the Company and requested exclusive recognition. The Company denied this request. A statement of the Regional Director, intro- duced into. evidence during the hearing, indicates that the Union iepiesents^a substantial number ,of emmployees in ;the,,unit ,hereinafter found to be appropriate 2 We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the, meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. IV. THE APPROPRIATE UNIT The Union urges that all truck drivers and chauffeurs at the Iowa Ordnance Plant of the Company constitute an appropriate unit. The Company stated that it had no objection to this unit. , - . 1 At the hearing in a previous case involving the Company , 39 N. L. R. B., No. 239, the superintendent of the plant testified that it is. fair to assume that the greater portion. of. the raw materials used , at the -Iowa Ordnance Plant come from points outside -Iowa. 2 The Regional Director reported that the Union presented its ledger which tends to show that , CO employees whose names appear on the Company 's pay roll of April 2', 1942, are members in good standing of the,Union. There are approximately 158 employees in the unit hereinafter found to be appropriate. 26 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that all•truck drivers and chauffeurs at the Iowa Ordnance Plant of the Company constitute a unit appropriate for the purposes of collective bargaining, within the-'meaning of Section 9 (b) of the Act. v. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation -which has arisen can best be resolved by an election by secret ballot. The Union stated that in the event the Board directs an election, eligibility to, vote should be determined by the pay roll- of March 23, 1942, the date of its petition herein. The Company urges that a current pay roll be used to determine eligibility to, vote. In accordance with our usual practice, we shall direct that the employees of the Company eligible to dote shall be those in the appropriate unit who were em- ployed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set-forth in the Direction. C The Union requests that it appear on the ballot as "General Drivers Local 218, A.,F..of L." The,regnest,is hereby granted; DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of, the National Labor Re- lations-Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as,. amended, it is hereby , • ' , , , DIRECTED' that, as.part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Day & Zimmer-, mann, Inc., Burlington, Iowa, an election by secret ballot shall be conducted, as early -as possible, but not later than thirty (30) days from, the date of,this Direction, under the direction and supervision, of the Regional Director for the Eighteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among, the einployees,in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date- of"this Direction, including any such employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding any who have since quit or•been discharged for cause, to determine' whether` or not'they desire to be represented by General Drivers Local 218, A. F. of L., for the 'purposes of collective bargaining. In the Matter of DAY & ZIMMERMAN , INC., and INTERNATIONAL BROTHERHOOD, OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, LOCAL UNION No. 218, A. F. OF L. Case No. R-3792 CERTIFICATION OF REPRESENTATIVES June 26, 1942 On May 18, 1942, the National Labor Relations Board issued a Deci- sion and Direction of Election in the above -entitled proceedings.' Pursuant to the Direction of Election , an election by secret ballot was conducted on June 13, 1942, under the direction and supervision of the Regional Director for the Eighteenth Region (Minneapolis, Min- nesota). On June 14, 1942, the , Regional Director , acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations- Series 2, as amended, issued and duly served upon the parties an Election Report on the ballot. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list------------------------------------ 205 Total ballots cast---------------------------------------- 120 Total ballots cballenged---------------------------------- None Total blank ballots--------------------------------------- None Total void ballots________________________________________ None Total valid votes counted--------------------------------- 120 Votes cast for GENERAL DRIVERS LOCAL 218, A. F. of L-------- 102 Votes cast against GENERAL DRivERS LocAL 218, A. F. of L___ ]8 By virtue of and pursuant to the power vested in the National Labor Relations,.Board, by SCCti;on 9 (c) of the National.Labor Rela- tions Act, 49 Stat. 449, and pursuant to Article, III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that General Drivers Local 218, A. F. of L., has been designated and selected by a majority of all truck drivers 141 N. L. R B 24 41 N. L. R. B., No 7a. 27 28 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and chauffeurs at the Iowa Ordnance Plant of Day & Zimmerman, Inc., Burlington, Iowa, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, General Drivers Local 218, A. F. of L., is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other condi- tions of employment.