Mojonnier Brothers Co.

In the Matter Of MOJONNIER BROTHERS COMPANY and UNITED AUTO- MOBILE WORKERS , A. F. OF, L. Case No. R-3814.-Decided May 30, 1942 Jurisdiction : dairy machinery manufacturing industry. ' Investigation and Certification of Representatives : existence of question: re- fusal of Company to accord union recognition, election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, excluding watchmen, guards, draftsmen, salesmen, superintendents of erection, supervisory and office employees, truck drivers; agreement as to; working foremen excluded over objection of Company. Mr. Victor M. Langsett, of Chicago, Ill., for the Company. Mr. Anthony Doria, of Chicago, Ill., for the Union. Mr. Louis Coking, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Automoble Workers, A. F. of L., herein called the Union, alleging that a question affecting com- merce had arisen concerning the representation of -employees, of Mojonnier Brothers Company, Chicago, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert T. Drake, Trial Examiner. Said hearing was held at Chicago, Illinois, on May 7, 1942. The Company and the Union appeared , and participated.' All parties 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. I Chicago Local #62, United Brotherhood of Welders, Cutters and Helpers, although; served with notice, did not appear 41 N. L. R. B., No. 109. 557 558 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Mojonnier Brothers Company is an Illinois corporation with its principal place of business at Chicago, Illinois, where it is engaged in the manufacture and sale of dairy and other food trades machinery. During 1941 the Company purchased -raw materials valued at about $898,000, approximately 53 percent of which was shipped to it from outside Illinois. During the same period the Company sold finished products valued at about $2,400,000, approximately 79 percent of which was shipped out of Illinois. II. THE ORGANIZATION INVOLVED United Automobile Workers, affiliated with the American Federa- tion of Labor, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On April 23, 1942, the Union requested the Company to grant it exclusive recognition. The Company denied this request. A statement of the Regional Director, introduced into evidence during the hearing, indicates that the Union represents a substantial number of employees 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 and Company agree that all production and mainte- nance employees of the Company, excluding watchmen, guards, drafts- men, salesmen, superintendents of erection, supervisory and office employees, and truck drivers, may properly constitute an appropriate unit. In addition, the Company asks' that working foremen be included in the unit. The Company employs 16 persons designated by it as working foremen. The are paid on a monthly basis in contrast to the other employees who are paid on an hourly rate and they have the authority to hire and discharge other employees. We shall exclude`the working foremen from the unit. 2 The Regional Director reported that the Union presented 295 membership applica- tion cards bearing apparently genuine signatures of persons whose names appear on the Company's pay roll of April 29, 1942. There are 411 employees on that pay roll. IvXOJONNIER BROTHERS COMPANY 559 We find that all production and maintenance employees of the Com- pany, excluding watchmen, guards, draftsmen, salesmen, superin- tendents of erection, supervisory and office employees, truck drivers, and working foremen, constitute a unit appropriate for the pur- poses 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 urges that a pay roll for any period in May 1942 be used to determine eligibility to vote. The Company contends that the pay roll for the period immediately preceding the date of the election should be used for that purpose. In accordance with our usual practice, we shall direct that employees of the Company eligible to vote in the election shall be those in the appropriate unit who were employed 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. 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 Rela- tions 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 Mojonnier Brothers Company, Chicago, Illinois, 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 super- vision of the Regional Director for the Thirteenth 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 employees 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 said 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 United Automobile Workers; affiliated with the American Federation of Labor, for the purposes of collective bargaining. In the Matter of MOJONNIER BROTHERS COMPANY and UNITED AUTO- MOBILE WORKERS, A. F. OF L. Case No. R-3814 CERTIFICATION OF REPRESENTATIVES June 23, 1942 On May 30, 1942, the National Labor Relations Board issued a Decision and Direction of Election in the above-entitled proceeding., Pursuant to the Direction of Election, an election by secret ballot was conducted on June 8, 1942, under the direction and supervision of the Regional Director for the Thirteenth Region (Chicago, Illinois). On June 10, 1942, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regu- lations-Series 2, as amended, issued and duly served upon the parties an Election' Report on the ballot. No objections to the con-_ duct 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 : Number eligible-------------------------------------------- 385 Number of ballots cast____________________________________ 277 Number o f' blank ballots___1 Numtier of void ballots0 Number of-ballots challenged (not opened) ----------------- 43 Number of valid ballots counted___________________________ 233 Number of valid ballots counted plus unopened challenged ballots------------------------------------------------- 276 Number of valid ballots necessary for majority_____________ 139 Number of valid ballots cast for the Union_________________ 204 Number of valid ballots cast against the Union_____________ 29 By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 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 United Automobile Workers, affiliated with the American Federation of Labor, has been designated and i 41 N. L. R B. 557. 41 N. L. R. B, No. 109a. 560 MOJONNIER BROTHERS COMPANY 561 selected by a majority of all production and maintenance employees of Mojonnier Brothers Company, Chicago, Illinois, excluding watchmen, guards, draftsnmen, salesmen, superintendents of erection, supervisory and office employees, truck drivers, and working fore- men, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, United Automobile Workers, affiliated with the American Federation of Labor, 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 conditions of employment. 463892-42-vol. 41-36