Allis-Chalmers Manufacturing Co.

In the Matter of ALLIS-CHALMERS MANUFACTURING COMPANY and INTERNATIONAL BROTHERHOOD- or FIREMEN & OILERS, LOCAL 125 (AFL) Case No. R-4131.Decided August X, 1942 Jurisdiction : supercharger manufacturing industry. Investigation and Certification of Representatives : existence of question: re= fusal to accord petitioner recognition until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : powerhouse employees at one of Company's plants, with specified, inclusions and exclusions; stipulation as to. Mr. Clarence A. Meter, for the Board. Mr. John L. Waddleton, of West Allis, Wis., for the Company. Mr. Howard A. Plank, of Chicago, Ill., and Mr. Walter H. Schmidt, of Milwaukee, Wis., for the Union. Mr. David Karasick, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition and amended petition duly filed by International Brotherhood of Firemen & Oilers, Local 125, affiliated with the Amer- ican Federation of Labor, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Allis-Chalmers Manufacturing Company, Milwaukee, Wisconsin, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Stephen M. Reynolds, Trial Examiner. Said hearing was held at Milwaukee, Wisconsin, on August 10, 1942. The Board, the Com- pany, 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 United Automobile Workers of America, Local 248, affiliated with the Congress of Industrial Organizations , although served with notice, did not appear. 43 N. L. R. B., No. 85. 600 ^ ALLIS-CHALMERS MANUFACTURING COMPANY 601 Upon the,entire record in the case, the Board makes the following: FINDINGS OF FACT I.-THE BUSINESS OF THE COMPANY Allis-Chalmers Manufacturing Company, a Delaware corporation, operates a plant at Greenfield and .West Allis, Wisconsin, known as Supercharger Plant No. 1, where it is engaged in the manufacture of superchargers. The Company's purchases of raw materials amount to approximately $1,000,000 per month, of which 90 percent is derived from States other than Wisconsin. The Company's sales of finished products amount to a minimum of $1,000,000 per month, all of which represents shipments to States other than Wisconsin. The'Company concedes that it is engaged in commerce' within the meaning`of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED International Brotherhood of Firemen & Oilers, Local 125, affiliated . with,the American Federation of Labor, is a labor organization ad- mitting to membership, employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company will not recognize or bargain with the Union unless it is certified by the Board. A statement of the Regional Director, introduced in evidence at the hearing, shows that the Union represents a substantial number of employees 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 We find, in accordance with a stipulation of the parties,. that the powerhouse employees of Allis-Chalmers Supercharger Plant No. 1, at Greenfield and- West Allis, Wisconsin, including all operating en- 2 The Regional Director reported that the Union presented 15 cards which designated the Union as the collective bargaining representative of the signers ; that the cards so submitted , all of which bore apparently -genuine original signatures , were dated between March 10 and July 9, 1942 ; and that the names appearing on 13 of the cards also appeared on the pay roll of the Company which contained the names of 17 persons employed in the powerhouse of Supercharger Plant No. 1. The 17 persons listed on the Company's pay roll included one foreman and two assistant foremen. At the time of the hearing, the Company employed 22 persons in the powerhouse of Supercharger Plant No. 1, but the record does not show how many of these 'persons are within categories which are excluded from the unit hereinafter found to be appropriate. 602 DECISIONS OF NATIONAL LABOR RELATIONS BOARD gineers, firemen, assistant firemen, oilers, coal and ash handling and incinerator employees, and employees engaged in full time in the main-: tenance of powerhouse equipment and, the entire cooling and heating distribution system, but excluding the chief engineer, the assistant chief engineers, foremen, assistant foremen, feed-water- chemist, grad- -,uate,student .apprentices, indenture apprentices, and cooperative stu- dent apprentices, 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 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 Election herein, subject to the limitations and additions set forth in the Direc- tion. DIRECTION OF ELECTION By virtue of and pursuant to the power vested `in theNational Labor Relations Board by Section 9 (c) of the National Labor Relations 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 Allis-Chalmers Manufacturing Company at its Supercharger Plant No. 1, located at Greenfield and West Allis, Wisconsin, 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 of Election, under the direction 'and supervision, of the-Regional Director for the Twelfth, 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 tem- porarily laid off,,but excluding any who have since quit or been dis- charged for cause, to determine 'whether or not they desire to be repre- sented by International Brotherhood of Firemen & Oilers, Local 125, affiliated with the American Federation of Labor, for the purposes of collective bargaining. CHAIRMAN Maas took no part in the consideration of the above Decision and Direction of Election.