Lincoln Engineering Co.

In the Matter of LINCOLN ENGINEERING COMPANY and TOOL & DIE MAKERS LODGE 688 OF TIIE INTERNATIONAL ASSOCIATION OF MACHIN- ISTS, DISTRICT No. 9 In the Matter of LINCOLN ENGINEERING COMPANY and PROGRESSIVE LODGE 41 OF THE INTERNATIONAL ASSOCIATION OF MACHINISTS, DIS- TRICT No. 9 In the Mattel' 'Of LINCOLN ENGINEERING COMPANY and INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, LOCAL No. 691 Cases Nos. R-1882, R-1883, and R-1884 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES September 6, 19/10 On July 29, 1940, the National Labor Relations Board, herein called the Board issued its Decision and Direction of Elections in the above- entitled proceeding.' Pursuant to the Direction of Elections, elec- tions by secret ballot were conducted on August 22, 1940, under the direction and supervision of the Regional Director for the Fourteenth Region (St. Louis, Missouri). On August 26, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued an Election Report, copies of which were duly served on the parties. No objections to the conduct of the ballot or Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Tool and Die Makers (The number of einliloyees who were eligible to vote was 12) Total number of ballots cast------------------------------- 12 Number of ballots challenged ______________________________ 1 Number of blank ballots___________________________________ None Number of void ballots____________________________________ None Total number of ballots counted ____________________________ 11 25 N L R B 1083 27 N. L. R B., No. 21. 86 LINCOLN ENGINEERING COMPANY Number of ballots voted for Tool & Die Makers Lodge 688 of the International Association of Machinists, District No 9_ 10 Number of ballots voted for Lincoln Employees Benefit Associa- ation-------------- ------------------------------------ 1 Number of Ballots voted for International Union, United Automobile Workers of America, Local No. 691 ------------ None Number of Ballots voted for none of the thi ee labor organi- zations------------------------------------------------- None Machinists (The number of employees who were eligible to vote was 90) Total number of ballots cast ------------------------------- 86 .Number of ballots challenged------------------------------ None Number of blank-ballots----------------------------------- None Number of void ballots------------------------------------ None Total number of ballots counted---------------------------- 86 Number of ballots voted for Progressive Lodge 41 of the Inter- national Association of Machinists, District No. 9--------- 48 Number of ballots voted for Lincoln Employees Benefit Asso- ciation------------------------------------------------- 20 Number of ballots voted for International Union, United Auto- mobile Workers of America, Local No. 691---------------- 18 Number of ballots voted for none .of the three labor organi- zations------------------------------------------------- None Remaining Production and Maintenance Employees (The number of employees who were eligible to vote was 130) Total number of ballots cast------------------------------- 125 Number of ballots challenged------------------------------ None Number of blank ballots----------------------------------- None Number of void ballots------------------------------------ None Total number of ballots counted---------------------------- 125 Number of ballots voted for International Union, United Auto- mobile Workers of America, Local No. 697 ---------------- 76 Number- of ballots voted for Lincoln Employees enefit Asso- ciation---------------------------------- ------- 45 Number of ballots voted for neither labor,organization---__- 4 87 Since the counting of the one challenged vote would not affect the results of the election among the tool and die makers, it is unneces- sary to make any determination with respect thereto. The Directions of Elections provided that elections be conducted among the employees of the Company within the following groups : (a) The tool and die makers and apprentices employed in the toolroom, excluding supervisory employees, to determine whether they desire to be represented by Lodge 688, the U. A. W., or the Association, for the purposes of collective bargaining, or by none of the three labor organizations; (b) The machinists, machine hands, helpers, and apprentices, em- ployed in the machine shop, the fitting department, and the experi- 88 DECISIONS OF NATIONAL LABOR RELATIONS BOARD mental department, excluding supervisory employees, to determine whether they desire to be repreesnted by Lodge 41, the U. A. W., or the Association, for the purposes of collective bargaining or by none of the three labor organizations;. (c) All the remaining production, and maintenance employees of the Company, excluding supervisory employees having authority to hire and discharge, foremen, office employees, and watchmen, but including line men and group leaders, to determine whether they desire to be represented by the U. A. W. or the Association for the purposes of collective-bargaining, or by neither. In its Decision the Board made no final determination' as. to the unit or units appropriate for the purposes of collective bargaining, pending elections to be held as directed above. The Board- stated, inter alia: "If a majority of the tool and die makers cast their votes for the U. A. W. and/or the Association, the tool and die makers shall be included within the industrial unit'and their votes shall then be counted for the determination of the representative as between the U. A. W. and the Association, along with the other votes cast by the employees who are already found to be included in the industrial unit. In the event, however, that a majority of the tool and die employees cast their votes for Lodge 688 or for neither the U. A. W., the Association, nor Lodge 688, the tool and die employees shall be excluded from the industrial unit. Likewise, if a_majority of the machinists choose the U. A. W. and/or the Association, the ma- chinists shall be included within the industrial unit and their votes counted for the determination of the representative as between the U. A. W. and the Association, along with the other votes cast by the employees who are already found to be included in the industrial unit. However, should a majority of the machinists cast their votes for Lodge 41 or for neither the U. A. W., the Association, nor Lodge 41, the machinists shall be excluded from the general unit. We shall certify the union or unions, if any, designated by a majority of the employees within the appropriate unit or units as the exclusive representative thereof." Upon the entire record in the case, the Board makes the following : SUPPLEMENTAL FINDINGS OF FACT 1. We find that the tool and die makers and apprentices employed in the toolroom of Lincoln Engineering Company, St. Louis, Mis- souri, excluding supervisory employees, constitute a unit appropriate • for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining, and otherwise efFectu- -ate the policies of the Act. LINCOLN ENGINEERING COMPANY 89 2. We find that the machinists, machine hands, helpers, and ap- prentices employed in the machine shop, fitting department, and the. experimental department of Lincoln Engineering Company, St. Louis, Missouri, excluding supervisory employees, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining, and otherwise effectuate the policies of the Act. 3. We find that the remaining production and maintenance em- ployee;i employed, by Lincoln Engineering Company, St. Louis, Missouri, excluding supervisory employees having authority to hire and discharge, foremen, office employees, and watchmen, but includ- ing line men and group leaders, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self- organization and to collective bargaining, and otherwise effectuate the policies of the Act. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : SUPPLEMENTAL CONCLUSIONS OF LAW 1. The tool and die makers and apprentices employed in the tool- room of Lincoln Engineering Company, St. Louis, Missouri, excluding supervisory employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 2. 'The machinists, machine hands, helpers, and apprentices em- ployed in the machine shop, fitting department, and the experimental department of Lincoln Engineering Company, St. Louis, Missouri, excluding supervisory employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. The remaining production and maintenance employees employed by Lincoln Engineering Company, St. Louis, Missouri, excluding supervisory employees having authority to hire and discharge, fore- men, office employees, and watchmen, but including line men and group leaders, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (h) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES 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, 90 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 49 Stat. 449, and pursuant to Article III, Sections 8 and 9 of National Labor Relations Board Rules and Regulations-Series 2, as amended IT IS HEREBY CERTIFIED that Tool & Die Makers Lodge 688 of the International Association of Machinists, District No. 9, affiliated with the American Federation of Labor, has been designated and selected by a majority of the tool and die makers and apprentices 'emlilbyed in the toolrooin of Lincoln Engineering Company, St. Louis, Missouri, excluding supervisory employees, as their representative for the pur- poses of collective bargaining, and that, pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, Tool & Die Makers Lodge 688 of the International Association of Machinists, District No. 9, affiliated with the American Federation of Labor, is the exclusive representative of all such employees, for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment; and IT IS HEREBY CERTIFIED that Progressive Lodge 41 of the International Association of Machinists, District No. 9, affiliated with the American Federation of Labor, has been designated and selected by a majority of the machinists , machine hands , helpers , and apprentices employed in the machine shop, fitting department and the experimental depart- ment, excluding supervisory employees as their representative for the purposes of collective bargaining; and that, pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, Progressive Lodge 41 of the International Association of Machinists, affiliated with the American Federation of Labor, is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay , wages, hours of employment, and other condi- tions of employment; and IT IS HEREBY CERTIFIED that International Union, United Automobile Workers of America, Local No. 691, affiliated with the Congress of Industrial Organizations, has been designated and selected by a ma- jority of the remaining production and maintenance employees of Lincoln Engineering Company, St. Louis, Missouri, excluding super- visory employees having authority to hire and discharge, foremen, office employees, and watchmen , but including line men and group leaders, as their representative for the purposes of collective bargain- ing, and that, pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, International Union, United Auto- mobile Workers of America, Local No. 691, affiliated with the Congress of Industrial Organizations , is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.