Hardsocg Wonder Drill Co.

In the Matter of HARDSOCG WONDER DRILL COMPANY and LoCAL 138, FARM EQUIPMENT WORKERS ORGANIZING COMMITTEE, AFFILIATED WITH THE C. I. O. Case No. R-4051.'Decided August 20, 194d Jurisdiction : tool manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord petitioner recognition until Board determined proper bargain- ing agent; contract with rival organization held no bar, where petitioner gave notice of its claim thirty days prior to expiration date; eligibility determined by pay roll of date of expiration of initial yearly term of closed-shop contract, when Company after that time had hired employees pursuant to provisions of contract; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees, excluding foremen or supervisors not engaged in production or maintenance work, and office and clerical employees. Mr. B. Winger, of Ottumwa, Iowa, for the Company. Mr. Charles W. Robbie, of- Cedar Rapids, Iowa, and Mr. Laurence Horn, of Ottumwa, Iowa, for Local 138. Mr. P. L. Siemiller, of Des Moines, Iowa, and Mr. Francis Dial,.of Ottumwa, Iowa, for the I. A. M. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Local 138, Farm Equipment Workers Organizing Committee, affiliated with the C. I. , 0., herein called Local 138, alleging that a question affecting commerce had arisen concerning the representation of employees of Hardsocg Wonder Drill Company, Ottumwa, Iowa., herein called the Company, the National Labor Relations Board provided for an appropriate hear- ing upon due notice before Clyde F. Waers, Trial Examiner. Said hearing was held at Ottumwa, ,Iowa, on' July 17, 1942. The Com- pany, Local 138, and International Association of Machinists, Lodge 1465, herein called the I. A. M-.,'., appeared, participated, and were 43 N. L. R. t., No. 71. 414 HARDSOCG WONDER DRILL COMPANY 415 afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. During- the course of the hearing, counsel for the I. A. M. moved to dismiss the petition. The Trial Examiner reserved his ruling. The motion is hereby denied. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. On August 5; 1942, the I. A. M. filed a brief which the Board has considered. Upon the entire record in the case, the Board makes-the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY - Hardsocg Wonder Drill Company is an Iowa corporation with its principal place of business at Ottumwa, Iowa, where it is engaged in the design, manufacture, and distribution of pneumatic tools and other implements. During 1941, the Company purchased raw ma- terials valued at about $21,000, approximately all. of which was shipped to it from outside Iowa. During the same period, the Com- pany sold finished products valued at about $72,000, approximately $54,000 worth of which was shipped out of Iowa. The Company ad- mits that it is engaged in commerce within the meaning of the Na- tional Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Local 138, Farm Equipment Workers Organizing Committee is a labor organization affiliated with the Congress of Industrial Or- ganizations, admitting to membership employees of the Company. - International Association of Machinists, Lodge 1465, is a labor organization affiliated with the American Federation of Labor, ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On June 17, 1942, Local 138 requested the Company to recognize it as the exclusive representative of the Company's employees. The Company denied this request until such time as the Board determines the bargaining agent of its employees. On July 24, 1941, the Company and the I. A. M. entered into an exclusive contract. This contract took effect on July 17, 1941, and was to remain in full force and effect until July 17, 1942, and there- after until thirty days' notice shall have elapsed following"the giving of written notice by either party thereto. Local 138 made its claim upon the Company on June 17, 1942. Under these circumstances we 416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD find- that the contract does not constitute a bar to, a present determina- tion of representatives. A statement of the Regional Director, introduced into evidence during' the hearing, indicates that Local 138 represents a substantial number of employees in the unit hereinafter found to be appropriate." 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 accordance with a stipulation of the parties, that all production and maintenance employees of the Company, excluding foremen or supervisors not engaged in production or maintenance work, and office and clerical employees, 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. Local 138 urges that the_ pay roll of July 16, 1942, be used to determine eligi- bility to vote. The L A. M. contends that a current pay roll should be used for that purpose. The Company takes no position. The con- tract between the I. A. M. and the Company alluded-to above contains a closed-shop provision, and'the C. I. 0. stated in support of its con- tention that employees hired after date requested by it have been hired pursuant to provisions of the contract.- We shall direct that those eligible to vote in the election shall be the' employees in the ap- propriate unit who were employed during the pay-roll period imme- diately-preceding July 16, 1942, the date of expiration of the July 17, 1941, contract, subject to the limitations and additions set forth in the Direction of Election herein. At the time of the hearing the Company employed 19 persons. The manager of the Company testified that within several months of the date of the hearing the Company contemplated doubling the number of its employees. Under these circumstances, we shall entertain a new petition for investigation and certification of representatives at any time following issuance of any certification in this proceeding, provided we are satisfied under all circumstances then shown, in-, The Regional Director reported that Local 138 ,submitted 19 membership application cards bearing apparently genuine signatures of persons whose names appear on the Company's pay roll of June 29, 1942. Theie are 22 persons on, that pay roll. The I. A M. did not present any evidence of membership to -the Regional Diiector but rests on its contract with the Company-as determining its interest in this proceeding. HARDSOCG WONDER DRILL COMPANY 417 eluding proof that there has been a substantial increase in the num- ber of employees, and that the petitioner represents a substantial number of employees, that a question concerning representation af- fecting commerce has arisen? ,Local 138 requests that it appear on the ballot as "United Farm Equipment Workers of America, Local 138, C. I. 0." The I.,,A. M. requests that it appear on the ballot as "International Association of Machinists, Local Lodge 'No. 1465, A. F. of'L." The requests are I V, hereby granted. - DIRECTION OF ELECTION By virtue of and.pursuant to the power Vested in the National Labor Relations Boardby 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 Hardsocg Wonder Drill- Company, •Ottumwa; 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 employees of the Company_ in the unit found appropriate in Section IV above, who were'employed during the pay-roll period- immedi- ately preceding July 16, 1942, 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 they desire to be represented by United Farm Equipment Workers of America, Local 138, C. I. 0., or by International Association of .Machinists, ,Local Lodge No. 1465, A. F. of L., 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. 2 See 'Matterr'of Westinghouse Electric & Manufacturing Company, Louisville Ordnance Division and International Association of Machinists , Local Lodge 681, 38 N. L R. B. 412. 481039-42-vol. 43-27