Killefer Manufacturing Corp.

In the Matter of KILLEFER MANUFACTURING CORPORATION and STEEL WORKERS ORGANIZING COMMITTEE, LOCAL 2018, C. I. O. Case No. R-2134.=Decided April 26, 1941 Jurisdiction : agricultural implement and road machinery manufacturing in- dustry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition ; labor organization permitted, at its option, to withdraw its name from the ballot, since its contention as to the appropriate- ness of a craft unit was rejected, and it had expressed no interest in the industrial unit ; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees including those in the blacksmith department and subforemen but excluding other supervisory employees and clerical employees. Mr. James E. Neville, of Los Angeles, Calif., for the Company. Mr. John Despol, of Los Angeles, Calif., and Mr. Fred J. Hart, of Maywood, Calif., for the S. W. O. C. Mr. George W. Kuykendell, of Los Angeles, Calif., for the Brother- hood. Mr. Harold Weston, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On February 21, 1941, Steel Workers Organizing Conunittee, Local 2018, herein called the S. W. O. C., filed with the Regional Director for the Twenty-first Region (Los Angeles, California) a petition al- leging that a question affecting commerce had arisen concerning the representation of employees of Killefer Manufacturing Corporation, Vernon, California, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 17, 1941, acting pursuant to Section 9 (a) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, the Board ordered an 31 N. L. R B., No. 62. - 406 KILLEFER MANUFACTURING CORPORATION 407 investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On March 19, 1941, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the S. W. O. C. and International Brotherhood of Blacksmiths, Drop Forgers & Helpers, herein called the Brotherhood. Pursuant to notice, a hearing was held on March 31, 1941, at Los Angeles, California, before David Sokol, the Trial Examiner duly designated by the Chief Trial Ex- aminer. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Ex- aminer and finds that no prejudicial errors were committed. 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 Killefer Manufacturing Corporation, a wholly owned subsidiary of Deere & Company, is a California Corporation engaged in the manufacture of agricultural implements and road machinery at Ver- non, California. During, the past-year, the Company's volume of business amounted to approximately $1,100,000. Forty per cent of the Company's products were shipped to points outside the State of California and 30 per cent of its raw materials were obtained from States other than California. The Company employs about 80 production employees. H. THE ORGANIZATIONS INVOLVED Steel Workers Organizing Committee, Local 2018, affiliated with the Congress of Industrial Organizations, and International Brother- hood of Blacksmiths, Drop Forgers & Helpers, affiliated with the American Federation of Labor, are labor organizations admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION Although representatives of the S. W. O. C. have requested the Company to bargain collectively, the Company has neither bargained with the S. W. O. C. nor indicated any willingness so do so. At the 408 DECISIONS OF NATIONAL LABOR RELATIONS BOARD hearing there was introduced in evidence a report of the Regional Director which shows that both the S. W. O. C. and the Brotherhood represent a substantial number of employees in the units claimed to be appropriate.,. -We find that a question has arisen concerning 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 re- lation to trade, traffic, and commerce -among the-several States, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. - V. THE APPROPRIATE UNIT The S. W. O. C. claims that all production and maintenance em- ployees, excluding supervisory and clerical employees, constitute an appropriate bargaining unit. It is the Brotherhood's position that employees in the blacksmith department, excluding foremen with the right to hire and discharge, constitute a separate unit. The Company has not stated its position with respect to the appropriate unit. It appears that- the work of the blacksmith department is similar to other production work. Only two of the employees in the Blacksmith department perform anvil work; the remainder operate punch presses, bending machines, bulldozers and board dropping hammers. I All production and maintenance workers, including blacksmith depart- ment employees are paid on an hourly basis, and in 1937 all hourly paid employees received a blanket wage increase, The Company, manager testified that wages, hours, and working conditions are sim- ilar throughout the plant and that, in the trade, blacksmiths are not considered separately from the production and maintenance workers. It also appears that while blacksmiths work in a separate part of the plant building, they are transferred, at times for periods of 2 or 3 months, to work in other departments. Upon the entire record we find that the employees in the black- smith department should not be segregated from the other production A The S. W. O. C. submitted 33, and the Brotherhood 5, application cards of employees whose names appear on the-Company 's pay roll . of February 21, 1941. The S. W. O. C. cards were dated January and February 1941 , and the Brotherhood cards, February and March 1941 . There are respectively , 80 and 11 employees in the units which the S. W. O. C. and the Brotherhood claim are appropriate. KILLEFER MANUFACTURING CORPORATION 409 and maintenance employees and that the production and maintenance employees, including those in the blacksmith department, constitute a single appropriate unit. The S. W. 0. C. would include in the unit two subforemen who may recommend, but have no power to, hire and discharge. The Company and' the Brotherhood raised no objection to the proposed inclusion. The duties of subforemen consist largely of setting up the work and machines in accordance with the instructions of their respective foremen. At times, they also perform production work. We shall include subforemen in the unit. We find that all production and maintenance employees including those in the blacksmith department and subforemen but excluding other supervisory employees and, clerical 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 collective bargaining and other-, wise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning representa- tion can best be resolved by the holding of an election by secret ballot and we shall so direct. Those employees in the appropriate unit whose names appear on- the Company's pay roll for the period im- mediately preceding the date of this Direction of Election,-subject to such limitations and additions as are set forth in the Direction, shall be eligible to vote. We shall direct that the names of the S. W. 0. C. and the Brother- hood shall be placed upon the ballot. Since, however, we have re- jected the Brotherhood's contention as to the appropriateness of a unit confined to the blacksmith department and it has expressed no interest in the other employees, the Brotherhood may not desire to participate in the election. Accordingly, upon the Brotherhood's request to the Regional Director within 5 days from. receipt of this Decision and Direction of Election to withdraw its name from"the ballot, the Regional Director shall grant such request. 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 rep- resentation of employees of Killefer Manufacturing Corporation, Vernon, California, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 410 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. All production and maintenance employees including those in the blacksmith department and subforemen but excluding other supervisory employees and clerical employees, constitute a unit ap- propriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the National Labor Relations Act. DIRECTION OF ELECTION By virtue of and pusuant 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, 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 Killefer Manufacturing Corporation, Vernon, California, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days after the date of this Direction, under the direction, and supervision of the. Regional Director for the Twenty-first 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 all production and maintenance em- ployees including those in the blacksmith department and subforemen, but excluding other supervisory employees and clerical employ- ees, who were employed during the pay-roll period next preceding the date of this Direction, including employees who did not work during such 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 employees who have since quit or been discharged for cause, to determine whether they desire to be represented for the purposes of collective bargaining by Steel Work- ers Organizing Committee, Local 2018, affiliated with the Congress of Industrial Organizations or by International Brotherhood of Black- smiths, Drop Forgers & Helpers, affiliated with the American Fed- eration of Labor, or by neither.