Atlas Tool & Manufacturing Co.

In the Matter of ATLAS TOOL & MANUFACTURING COMPANY and INTER- NATIONAL ASSOCIATION OF MACHINISTS, DISTRICT LODGE No. 9 Case No. B-2018.-Decided September 10, 1940 Jurisdiction : metal products manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord recognition to union ; request that certification be obtained ; election necessary. ` Persons employed by company for aggregate period of less than one month, and not working at time of hearing, considered temporary employees rather than employees temporarily laid off, and hence not eligible to vote, where no prediction can be made whether the temporary increase in the Company's business which gave rise to their employment will again occur. Unit Appropriate for Collective Bargaining : production employees excluding supervisors, office employees and draftsmen. Employees-who attend school during 9-month session and employed by Company during vacations, included in unit composed primarily of year- round employees. - Hall cC Todd, by Mr. Josephus Todd, of St. Louis, Mo., for the Company. Mr. Lloyd Weber, of St. Louis, Mo., for the Union. Mr. Bonnell Phillips, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On July 12, 1940, International Association of Machinists, District Lodge No. 9, herein called the Union, filed with the Regional Director for the Fourteenth Region (St. Louis, Missouri), a petition alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Atlas Tool & Manufacturing Company, St. Louis, Missouri, herein called the Company, and requesting an ' inves tigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On August 10, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act 27 N. L R. B., No. 41. 182 ATLAS' TOOL & MANUFACTURING COMPANY 183 and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On August 19, 1940, the Regional Director issued a: notice of hear- ing, copies of which were duly served upon the Company and the Union. On August 22, 1940, the Company filed an "answer" to the petition, controverting certain allegations in the petition. There- after, pursuant to notice, a hearing was held on August 24, 1940, at St. Louis, Missouri, before L. N. D. Wells, Jr., the Trial • Examiner duly designated by the Board. The Company and the Union were represented and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence-bearing on the issues was afforded all parties. At the begin- ning 'of the hearing the Company moved for the dismissal of the petition filed by the Union on the ground that the Board has no jurisdiction over the Company and on the further ground that the Union is not the proper bargaining agency for its employees. This motion was referred by the Trial Examiner to the Board. The mo- tion is hereby denied. During the course of the hearing the Trial Examiner made several rulings, on other motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were com- mitted. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Atlas Tool & Manufacturing Company, a Missouri corporation with its principal office and only place of business at, St. Louis, Missouri, is engaged in the manufacture of dies, tools, vending machines, coffee roasters, and other types of metal products During the year 1939 the Company's purchases of raw materials, consisting in large part of steel, brass, die sets, castings. motors; paint, glass, and hardware, amounted in value to approximately $40,000. Approximately 30 per cent of such raw materials• were sold and shipped to the Company from points outside the State of Missouri. During the same period the Company's sales of finished products amounted in value to $126,842, approximately 5 per cent of such finished products being sold and shipped to points outside Missouri. The Company employs approximately 80 employees. 184 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD II. THE ORGANIZATION INVOLVED International Association of Machinists, District Lodge No. 9, is a labor organization affiliated with the American Federation of Labor. It admits to membership production employees of the Company. III. THE QUESTION CONCERNING REPRESENTAIION On July 3, 1940, the Union requested the Company to bargain with it as the exclusive representative of the Company's production em- ployees. The Company refused to recognize the Union until it is certified by the Board. At the hearing there was introduced in evi- dence a report of the Regional Director showing that the Union represents a substantial number of Company employeesl' We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tends to lead to labor disputes bur-dening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The, Company and the Union have stipulated that the appropriate unit should include all production employees of the Company, exclud- ing supervisors and office employees, We shall adopt the unit as stipulated. The Company, in opposition to the Union, seeks to include drafts- men in the agreed unit. Of the two employees so classified on the Company's pay roll of August 14, 1940, one, A. C. Waldvogel, en- gages in machine work only when producing models of products which he has designed. Unlike regular production employees who are paid on an hourly basis, Waldvogel is a salaried employee. We shall exclude draftsmen from the appropriate unit. It appears; however, that Glenn Delph, also classified on the pay roll of August 14 as a draftsman, is on temporary assignment, and that his work has been and will again be that of an apprentice 1 The report showed that 24 of the approximately 65 production employees on the August 14, 1940, pay roll had signed cards authorizing the Union to represent them. ATLAS TOOL & MANUFACTURING COMPANY 185 machinist. Since a majority of Delph's working time is devoted to machine work, the Union` does not contest his inclusion in the appro- priate trait. It appears also that Delph, who is the son of the Company's president, attends school during a 9-month session and is employed by the Company during vacations. We have before included employees with similar tenures in units composed primarily of year-round employees.2 We find that Delph should be included within the appropriate unit as a production employee. We find that the production employees of the Company, excluding supervisors, office employees and draftsmen, constitute a unit appro- priate 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. VI. THE DETERMINATION OF REPRESENTATIVES - We find that an election by secret ballot is necessary to resolve the question concerning representation which has arisen. We shall direct that the, employees within the appropriate unit whose names appear on the Company's pay roll immediately preceding this Deci- sion and Direction of Election, including those who did not work during such pay-roll period because they were ill or on vacation, and those who were then or have since been temporarily laid off,3 but excluding those who have since quit or been discharged for cause, shall be eligible to vote. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Atlas Tool & Manufacturing Company, St. Louis, Missouri, within the meaning of Section 9 (c) and Sec- tion 2 (6) and (7) of the Act. 'Matter of Armour h Company and Local No .54, United Packinghouse Workers of America, of Packinghouse Workers Organizing Committee, affiliated with C. 1. 0, 14 N. L. R B 865 See also Monte Gloie Company, Inc and International Glove Workers Union of America, Local No 94, 17 N. L R B 405. 3 The position of both the Union and the Company is not clear with respect to the eligibility to vote of some 8 or 10 employees who had been , "laid off" approximately 1 week prior to the hearing The Company's president testified that the persons in question had been in the Company's employ for a period not exceeding 1 month prior to their lay-off, and that he could not predict whether the increase in business which gave rise to their employment would again occur Under the circumstances as given in the record , we are of the opinion that these employees are more properly described as temporary employees rather than employees temporarily laid off If their status. remains unchanged as of the date of the pay roll which we have adopted for the -determination of eligibility, we find that these employees should not be eligible to vote. 186 • DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. All production, employees of the Company, excluding super- visors, office employees, and draftsmen, constitute,a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 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, 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 authorized by the Board to ascertain representatives for the purposes of collective bargaining with Atlas Tool & Manufacturing Company, St . Louis, Missouri, 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 Fourteenth 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 production em- ployees of said Company employed by the Company during the pay- .roll period next preceding the date of this Direction of Election, including those who did not work during such pay-roll period because they were ill or on vacation , and employees who were then or have since been temporarily laid off, bur, excluding supervisors , office em- ployees, draftsmen , and those who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Association of Machinists , District Lodge No. 9, affiliated with the American Federation of Labor, for the purposes of collective bargaining. SAME TITLE CERTIFICATION OF REPRESENTATIVES* October 18, 1940 On September 10, 1940, the National Labor Relations Board issued a Decision and Direction of Election in the above-entitled proceedings., Pursuant to the Direction of Election, an election by secret ballot was conducted on October 3, 1940, under the direction and supervision of the Regional Director for the Fourteenth Region (St. Louis, Mis- souri). On October 4, 1940, the-Regional Director, acting pursuant 127 N L R B, No. 41. ATLAS TOOL & MANUFACTURING COMPANY 187 to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows: Total number eligible to vote____________ __________________ 54 Total number of ballots cast ______________________________ 46 Total number of ballots cast for International Association of Machinists , District Lodge No 9_______________________ 25 Total number of ballots cast against International Association of Machinists, District Lodge No. 9_______________________ 21 Total number of challenged ballots________________ ________ 0 Total number of void ballots ______________________________ 0 Total number of blank ballots ---------------------- ------- 0 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, 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 International Association of Machinists, District Lodge No. 9, affiliated with the American Federation of Labor, has been designated and selected by a majority of the production em- ployees of Atlas Tool and Manufacturing Company, St. Louis, Mis- souri , excluding supervisors, office employees, and draftsmen, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, Inter- national Association of Machinists, District Lodge No. 9, affiliated with the American Federation of Labor, is the exclusive representative of all such employees for the purposes of collective bargaining in re- spect to rates of pay, wages, hours of employment, and other conditions of employment. 27 N. L. R. B., No. 41a.