Reeves Pulley Co.

In the Matter of REEVES PULLEY COMPANY and TRANSMISSION WORKERS & MACHINISTS UNION Case No. R-4060.Decided August 19, 194 Jurisdiction : Speed-control device manufacturing industry. Investigation and Certification of Representative's: existence of question: re- fusal to accord petitioner recognition until certified by the Board,; election necessary. Unit Appropriate for Collective Bargaining : all tool makers, machinists, and specialists, their apprentices and helpers, employed in specified departments, ,excluding 'employees in the pattern-makers' department, supervisory and 'clerical employees, confidential employees, time-study men, and persons having the right to hire or discharge employees ; stipulation as to. Mr. Edwin G. Crouch, of Columbus, Ind., for the Company. Mr. Donald P. Shinn, of Columbus, Ind.,' for the Independent. Mr. W. H. Winke and Mr. Lo'uis'C. Schwartz, of Indianapolis, Ind., and Mr. Edward Stuckey, of Columbus, Ind., for the I. A. M. Mr.'Louis Cokin, of counsel,to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition and amended 'petition duly filed by, Transmission Workers 4- Machinists Union, herein called the Independent; alleg- ing, that a question affecting commerce had arisen concerning the representation of, employees of Reeves Pulley Company, Columbus, Indiana, !herein called the Company, the National Laboi Relations Board provided for an appropriate hearing upon due notice, before Arthur R.• Donovan, Trial Examiner. Said hearing was held at, Columbus, Indiana, on July 21, 1942. The Company, the Independ- ent, and International Association of Machinists, Lodge 1466, herein called the I. A. M.; 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. 43 N. L. R. B.., No. 61. _ ^ 372 REEVES PULLEY COMPANY 373. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. TIIE BUSINESS OF THE COMPANY Reeves Pulley Company is an Indiana corporation with its prin- cipal place of business at Columbus, Indiana, where it is engaged'in the manufacture, sale, and distribution of variable speed-control de- vices. During 1941-the Company purchased raw materials valued at about $1,000,000, approximately 75 percent of which was shipped to it from outside Indiana. During the same period the Company sold products valued at about $3,000,000, approximately 90 percent of which was shipped out of Indiana. The Company admits that it is engaged in commerce within the meaning of the, National Labor Relations Act. I - II. THE ORGANIZATIONS INVOLVED Transmission Workers & Machinists Union is an unaffiliated labor organization, admitting to membership employees of the Company. International Association of Machinists, Lodge 1466, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On May 20, 1942, the Independent requested the Company to recog- nize it as the exclusive representative of certain of the Company's employees. The Company refused this request until such time as the Board determines the bargaining agent or agents of the Com- pany's employees. - On July 15, 1940, and July 16, 1941, the Company and the I. A. M. entered into exclusive contracts covering the employees involved herein. On July 3, 1942, the Company and the I. A. M. entered into an exclusive contract which provides that it shall remain in effect only until such time as some other union is certified by the Board. None of the parties contends that any of these contracts constitutes a bar to a present determination of representatives. A statement of the Regional Director, introduced into evidence during the hearing, indicates that the Independent represents a sub- stantial number of employees in the unit hereinafter found to be appropriate.' ' The Regional Director reported that the Independent presented an authorization peti- tion bearing the apparently genuine signatures of 119 persons whose names appear.on the Company's pay roll of June 4, 1942. There are 212 persons on that pay roll. The I. A. M. did not introduce any evidence of membership but relies upon its contracts with the Com- pany as sufficient showing of its interest in this proceeding. 374 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 mean- ing•of,Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in accordance with a stipulation of,the parties,' that all tool makers, machinists, and specialists, their apjVentices and helpers, of the Company employed in Departments A, B. C, D, E, F, G', M, and P under the pay-roll classification set forth in Appendix A, including William Ott, but excluding employees in the pattern- makers' department, supervisory and clerical employees, confidential employees, time-study men, and persons having the right to hire or discharge employees, 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 shall direct that the question concerning representation which has arisen be resolved by an- election by secret ballot among the employees 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. b 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, 49 Stat. 449, 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 Reeves Pulley Company, 'Columbus, Indiana, 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 Eleventh 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 of the Company in the unit found appropriate in the Section IV, above, who were employed during the pay-roll period -' This is the same unit provided for in the contracts between the I A M. and the Com- pany and the same as that found by the Board to be appropimte in a prior proceeding involving the Company, 22 N L. R B. 768 ' _ ti REEVES PULLEY COMPANY 375 immediately preceding the date of this Direction, including any such employees,who did not working during said pay-roll period because they were ill or on vacation or in the active military service or train- ing of the .United States; or 'ternporarily laid off, but excluding any who have since quit or been discharged for cause, to, determine whether'they desire to be represented by Transmission Workers & Machinists Union, or by International Association of Machinists, Lodge 1466, affiliated- with the American Federation of Labor, for the purposes of, collective bargaining, or by neither. CHAIRMAN MILLis took no part in the consideration of the above Decision and Direction of Election. - APPENDIX A Bench Hand and Drill Press* Operator. Assembler of Vari-Speed, Motor Pulleys. Machinist, operates Lathe. Assembler of Vari-Speed Motor Pulleys and painter. Machinist, operates Drill Press. Machinist, operates Lathe and Drill Press. Machinist, operates Drill Press, Milling Machine, and Lathe. Assembler of Vari-Speed Motor Pullers, and Inspector. Machinist, operates Milling Machine. Machinist, -operates Turret Lathe. - Machinist,' operates Grinder. Machinist, operates Turret Lathe,' also Drill Press. Machinist, operates Boring Mill. Machinist, operates Milling Machine and Boring Mill. Machinist, operates Milling Machine and Lathe. Machinist, operates Broach and Drill Press. Machinist, operates Lathe and Grinder. Machinist, operates Drill Press and Milling Machine. Machinist, operates Punch Press. Machinist, operates Gun Drill. Machinist, operates Cut-off Saw. Assembler of Motodrive Parts. Assembler of Motodrives. Tester of Motodrives. Assembler of Motodrive Reducers. Inspector of Motodrive Parts. Assembler of Motodrives and Spinning Frames., Assembler of Transmissions and Key Fitter. Painter. Tester of Transmissions., 376 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Painter; and Assembler of Transmission Parts. Key Fitter. - Assembler of Transmission Parts and Controls. Assembler of Transmissions. Assembler of Transmission Parts. Painter;' and Balances Transmission Discs. Tool' Grinder.' Inspector. Inspector of Transmission Parts. Inspector of Repair Parts. Tool Maker. T