Algoma Hammock Co., Inc.

National Labor Relations Board - Board DecisionsFeb 28, 1947

72 N.L.R.B. 999 (N.L.R.B. 1947)

In the Matter of ALGOIIA HAMMOCK COMPANY, INC., EMPLOYER and AMERICAN FEDERATION OF LABOR, FEDERAL LABOR UNION No. 24083,. PETITIONER Case No. 1.:-R-3867.Decided February 28, 1947 Smith c6 Smith, by Fred M. Smith, DePere, Wis., for the Employer. Mr. Leon J. De Bi oux, Port Washington, Wis., for the Petitioner. Mr. Benj. E. Cook, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Green. Bay, Wisconsin, on November 21, 1946, before Gustaf B. Erickson, hearing officer. The hearing officer's rulings made at the hearing are- free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER Algoma Hammock Company , Inc., a Wisconsin corporation, is en- gaged in the manufacture of hammocks and net equipment at DePere, Wisconsin . The Employer 's annual purchases are valued in excess of $15,000 more than 50 percent of which was shipped to its plant from points outside the State of Wisconsin . The Employer 's sales during 1946 amounted to approximately $50,000, more than 50 percent of which was shipped to customers outside the State of Wisconsin. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the American. Federation of Labor, claiming to represent employees of the Employer.. 72 N L . R. B., No. 169 999 7000 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning ,of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in substantial accord with the agreement of the parties, that all production and maintenance employees, excluding office employees, foremen, and all or any other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, con- stitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES The Employer urges that no election be ordered until its plant has leached its maximum personnel capacity. The record reveals that at the time of the hearing, there were 32 employees in the unit found appropriate herein, and that there had been no increase in personnel since August 9, 1946. The Employer estimated at the hearing that this number would be increased to approximately 65 employees by February or March 1947, and predicted further that this number would again be increased substantially as soon as sufficient building materials were available. However, at the time of the hearing in November, the Employer had employed 50 percent of the maximum personnel complement which cannot be anticipated with any degree of certainty. Accordingly, we see no reason to delay a present determi- nation of representatives.' DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Algoma Hammock Company, Inc., West DePere, 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, under the direction and supervision of the Regional Director for the Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board I See Matter of Tyler Fixture Corporation, 67 N. L R . B. 945. ALGOMA HAMMOCK COMPANY, INC. 1001 Rules and Regulations-Series 4, 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 employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and in- cluding employees in the armed forces of the United States who pre- sent themselves in person at the polls, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by American Federation of Labor, Federal Labor Union No. 24083, for the purposes of collec- tive bargaining.