Rehnberg-Jacobson Mfg. Co., Inc.

In the Matter of REHNBERG-JACOBSON MFG. CO., INC. and CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. 13-B-32411.-Decided January 7,1946 Mr. Axel Rehnberg, of Rockford, Ill., for the Company. Mr. John W. Hindmzarsh, of Riverton, Ill., for the C. I. O. Mr. E. J. Reid, of Chicago, Ill., and Messrs. F. J. Morris and B. C. Bailey, of Rockford, Ill., for the I. A. M. Mr. Joseph D. Manders, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Congress of Industrial Organizations, herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the representation of employees of Rehnberg- Jacobson Mfg. Co., Inc., Rockford, Illinois, herein called the Com- pany, the National Labor Relations Board provided for an appro- priate hearing upon due notice before John R. Hill, Trial Examiner. The hearing was held at Rockford, Illinois, on October 5, 1945. At the hearing, the Trial Examiner granted a motion to intervene made by International Association of Machinists, District Lodge No. 101, herein called the I. A. M. The Company, the C. I. 0., and the I. A. M. ap- peared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to intro- duce evidence bearing on the issues. The Trial Examiner's rulings made at' the hearing are free from prejudicial error, and are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Rehnberg-Jacobson Mfg. Co., an Illinois corporation, is engaged in the designing and manufacturing of special machinery. Its prin- 65 N. L. R. B., No. 47. 230 ' REHNBERG-JACOBSON MFG. CO., INC. 231 cipal plant, located at Rockford, Illinois, is involved in this proceeding. During the year 1944, the Company used raw materials consisting principally of steel, bronze, and aluminum, valued in excess of $100,000, all of which was shipped to the Company's plant from points within the State of Illinois. During the same period, the Company manu- factured finished products valued at approximateley $500,000, of which approximately 85 percent was shipped to points outside the State of Illinois. The Company admits, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. 11. TI IE, 01i01NIZATIONS INVOLVED Congress of Industrial Organizations is a labor organization ad- mitting to membership employees of the Company. International Association of Machinists, District Lodge No. 101, is a labor organization admitting to membership employees of the Company. Iii. TIIE QUESTION CONCERNING REPRESENTATION On October 1, 1943, the Company and the I. A. M. entered into a collective bargaining contract covering the Company's production and maintenance employees. The contract provided that it was to be in effect for a period of 1 year, and that it was to be automatically re- newed from year to year thereafter unless either party gave thirty (30) days' written notice of it, desire to amend the contract. On Au- gust 27, 1945, the C. I. O. notified the Company that it represented a majority of its employees and requested the Company not to nego- tiate or renew any contract covering these employees until the dispute as to their representation was settled by an election conducted by this Board. The Company made no reply. On August 31,1945, the C. 1. 0. filed the petition herein. * At the hearing, the Company stated that it refuses to recognize the C. I. O. as the representative of its employees because of the Company's contract with the I. A. M. The I. A. M. contends that that contract constitutes a bar to a present determina- tion of representatives. Inasmuch as the C. I. O.'s representation claim was presented to the Company prior to the operative date of the automatic renewal provision of the contract, we find that the contract is not a bar to the present proceeding. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the C. I. O. represents a substantial number of employees in the unit hereinafter found appropriate? ' The Field Examiner reported that the C I 0 submitted 39 application cards , and that the cards were dated in August 1945 There are approximately 60 employees in the unit alleged by the C I. 0 to be appropriate. 232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Act. IV. THE APPROPRIATE UNIT We find, in substantial accordance with the agreement of the parties, that all production and maintenance employees at the Company's Rockford, Illinois, plant, including working foremen,2 watchmen, and truck drivers, but excluding office and clerical employees, the office janitress, the employees in the engineering and sales departments, the production superintendent, machining superintendent, assistant pro- duction superintendent, and any other supervisory employees with au- thority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such ac- tion, constitute a unit appropriate for the purposes of collective bar- gaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tion 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Rehnberg-Jacobson Mfg. Co., Inc., Rockford, Illinois, an election by secret ballot shall be conducted as early as possible, but not later than sixty (60) days from the date of this Direction, under the direction and supervision 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, Sections 10 and 11, 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 employees who did not work during said pay- roll period because they were ill or on vacation or temporarily laid off, 2 The I A M. relies upon its contract as evidence of its interest . The parties agree, and the evidence indicates that the working foremen do not possess supervisory authority within the meaning of our customary definition. REHNBERG-JACOBSON AIFG. CO., INC. 233 and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be represented by Congress of Industrial Or- ganizations, or by International Association of Machinists, District Lodge No. 101, for the purposes of collective bargaining, or by neither. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election.