Victor Adding Machine Co.

In the Matter of VICTOR ADDING MACHINE Co., and DIE AND TOOL MAKERS LODGE 113, INTERNATIONAL ASSOCIATION OF MACHINISTS Case No. 13-R-3264.-Decided January 31, 1946 Messrs. James Mazzula and G. H. Turner, of Chicago, Ill., for the Company. Messrs. E. J. Reid and B. H. Skidmore, of Chicago, Ill., for the Union. Mr. Arnold Ordman, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Die and Toolmakers Lodge 113, Inter- national Association of Machinists, herein called the Union, alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Victor Adding Machine CO.,' Chicago, Illi- nois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Leon A. Rosell, Trial Examiner. The hearing was held at Chicago, Illinois, on October 15, 1945. The Company and the Union appeared and par- ticipated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing 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 opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Victor Adding Machine Co. is an Illinois corporation engaged in the manufacture of adding machines at its plant located in Chicago, ' It appears from the record that the correct name of the Company herein is "Victor Adding Machine Co.," and not "Victor Adding Machine Company " 65 N. L. R. B., No. 111. 653 654 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Illinois. During the year 1944, the Company purchased raw materials valued in excess of $1,500,000, of which more than 75 percent was shipped to the plant from points outside the State of Illinois. During the same year, the sales of products manufactured by the Company were in excess of $4,000,000, of which products more than 75 percent was shipped from the plant to points outside the State of Illinois. We find that the Company is engaged in commerce within the mean- ing of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Die and Tool Makers Lodge 113, International Association of Ma- chinists, is a labor organization, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found 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 Act. IV. THE APPROPRIATE, UNIT In substantial accordance with the agreement of the parties at the hearing, we find that all employees engaged in the Company's tool- room, excluding the foreman and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such- action, 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 The Company contends that, in view of the fact that the unit found appropriate has approximately 27 employees and that there are 24 employees in the armed services with reemployment rights, an election should not be directed. Implicit in this contention is the alternative that all employees in the armed services be given an opportunity to R The Field Examiner reported that the Union submitted 15 application -for-membership cards , that 1 card was dated in August 1945 and 14 in September 1945 There are approximately 28 employees in the appropriate unit. VICTOR ADDING MACHINE CO. 655 vote-by mail ballot, if necessary. We are of the opinion that the facts in this case are not substantially different from those in platter of South West Pennsylvania Pipe Lines.3 Accordingly, as in that case, we shall provide for the mail balloting of employees in the armed services who fall within the appropriate unit, subject to the conditions hereinafter mentioned. - We shall direct that the question concerning representation be re- solved by an election by secret ballot among the employees in the appropriate unit who were employed during the pay-roll period imme- diately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. The Re- gional Director shall mail ballots to employees within the appropriate unit on military leave, provided one or more of the parties hereto, within'seven (7) days from the issuance of the Direction of Election, files with the Regional Director a list containing the names, most recent addresses, and work classifications of such employees. The Regional Director shall open and count the ballots cast by mail by employees on military leave, provided that such ballots must be returned to and received by the Regional Office within thirty (30) days from the date they were mailed to such employees by the Regional Director.4 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 Victor Adding Machine Co., Chicago, Illinois, an election by secret ballot shall be con- ducted as early as possible, but not later than forty-five (45) 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 3 64 N L R B. 1384. 4 A free interchange between the interested parties of information on the addresses and work categories of the employees to be voted by mail will be necessary, in order to avoid challenges and post-election objections Accordingly, the Board will make available to all interested parties any information of this nature furnished by any other party. In the event that the parties should send the absentee voters information or literature hearing directly or indirectly on the pending election, copies of all such documents should be simul- taneously filed with the Regional Office for inspection by or transmittal to the other parties However, acceptance or transmittal of such literature by the Board's office is not to be construed as conferring immunity on the filing party in the event that objection, are later interposed concerning its content. The usual principles will apply 679100-46-vol 65-43 656 DECISIONS OF NATIONAL LABOR RELATIONS BOARD date of this Direction, including employees who did not'work during said pay-roll period because they were ill or on vacation or tempo- rarily laid off, and including employees in the armed forces of the United States, 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 or not they desire to be represented by Die and Tool Makers Lodge 113, International Association of Machinists, for the purposes of collective bargaining.