Automotive Maintenance Machinery Co.

National Labor Relations Board - Board Decisions

Mar 14, 1942

39 N.L.R.B. 796 (N.L.R.B. 1942)

In the Matter of AUTOMOTIVE MAINTENANCE MACHINERY COMPANY
and STEEL WORKERS ORGANIZING COMMITTEE , C. I. O.
Case No. R-3585.-Decided March, 14, 1942
Jurisdiction : machine tool manufacturing industry.
Investigation and Certification of Representatives : existence of question : refusal
to accord union recognition until it is certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-,
ployees excluding watchmen, foremen, and clerical and office employees ;
no controversy as to.
Fyffe cfi Clark by Mr. Albert J. Smith, of Chicago, Ill., for the
Company.
Mr. John Brownlee, and, Mr. Meyer Adelman, of Chicago, Ill., for
the S. W. O. C.
Mr. Ralph Holbert, of counsel to the Board.
DECISION
AND -
DIRECTION OF ELECTION
STATEMENT OF' THE CASE
On February 4, 1942, Steel Workers Organizing Committee,
C. I. 0., herein called the S. W. O. C., filed with the Regional Di-
rector'for the Thirteenth Region (Chicago, Illinois) a petition, and
on February 10 and February 17, 1942, amended petitions, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Automotive Maintenance Machinery Com-
pany, North Chicago, Illinois, herein called the Company, and re-
questing an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On February 18, 1942, the National
Labor Relations Board, herein called the Board, acting pursuant to
Section 9 (c) of the Act 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
39 N. L . R. B., No. 152.
796
AUTOMOTIVE MAINTENANCE MACHINERY COMPANY 797
conduct it and to provide for an appropriate hearing upon due
notice.
On February 19, 1942, the Regional Director issued a notice of
hearing, copies of which were duly served upon the ' Company and
the S. W. O. C. Pursuant to notice, a hearing was held on February
25, 1942, at Chicago, Illinois, before Robert T. Drake, the Trial
Examiner duly designated- by the Chief Trial Examiner. The Com-
pany and the S. W. O. C. were represented by counsel and partici-
pated in the hearing. Full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing upon the
issues was afforded all parties. No objections to the introduction of
evidence or the rulings of the Trial Examiner were made by any of
the parties. 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
I. THE BUSINESS OF THE COMPANY
Automotive Maintenance Machinery Company is an Illinois Cor-
poration tivith its principal office and place of business at North
Chicago, Illinois. It is engaged in the business of manufacturing
and selling automotive precision tools and equipment and machine
tools. The principal raw materials used by the Company in the
manufacture of its products are steel, brass, aluminum, iron cast-
ings, and abrasive stones. During the year 1941 the Company ex-
pended more than $100,000 for raw materials, of which approxi-
mately 30. percent was expended for materials shipped to the Com-
pany from points outside the State of Illinois. During the same
year the Company sold products having a value of more than
$300,000. Of this amount approximately 90 percent was derived
from the sale of products shipped outside the State of Illinois.
II. THE ORGANIZATION INVOLVED -
Steel Workers Organizing Committee, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
M. THE QUESTION !CONCERNING 'REPRESENTATION
On or about February 4, 1942, the S. W. O. C. requested the Com-
pany to recognize it as the sole bargaining agency for the employees
of the Company. The Company advised the S. W. O. C. that it
could not grant recognition as the exclusive bargaining agency until
798 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
such time as the S. W. 0. C. should prove, through the means pro-
vided by the Act, that it represented a majority of the Company's
employees.
From a statement by the Trial Examiner made on the record at
the hearing it appears that the S.. W. 0. C. represents a substantial
number of employees of the Company in the unit hereinafter found
to be appropriate'
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 1 above, has a close, intimate, and substantial
'relation to trade, traffic, and commerce among the several States
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The S. W. 0. C. contends that all production and maintenance
employees of the' Company, excluding watchmen, foremen, and cler-
ical and office employees constitute an appropriate bargaining unit.
The Company did not oppose this contention. We find that all pro-
duction and maintenance employees of the Company at its North
Chicago, Illinois, plant, excluding watchmen, foremen, and clerical
and office employees, constitute a unit appropriate for the purposes
of collective bargaining. We further find 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 will
effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot. The Company requests that the pay roll
immediately preceding the date of the Direction of Election be used
to determine eligibility' to vote in the election. The S. W. 0. C.
1 The Trial Examiner stated that 49 authorization cards had been banded to him, as
Trial Examiner , by the S W . O. C. Two of the cards were dated in December 1941 ; 41
cards were dated in January , 1942; 2 cards were dated in February 1942; and 4 cards were
not dated . The Trial Examiner stated 48 cards bore apparently genuine, original signa-
tures Of these 48 cards , 46 bore the names of persons appearing on the Company's pay
roll of February 20, 1942 The Company had 96 or 97 employees listed on its pay roll
of February 20, 1942. -
AUTOMOTIVE MAINTENANCE MACHINERY COMPANY 799
requests that the pay roll for the period ending February 20, 1942, be
used to determine eligibility to vote in the election. The S. W. O. C.
further requests that, in the event the Board directs the use of a
current pay roll to determine eligibility, an order issue immediately
directing an election and that the election be held within 10 days
after such order. However no reason appears to warrant a departure
from our usual practice, and we shall accordingly direct that the
employees eligible to vote in the election shall be those in the appro-
priate unit who were employed by the Company 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
Direction.
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 Automotive Maintenance Machinery Com-
pany, North Chicago, Illinois, within the meaning of Section 9 (c)
and Section 2 (6) and (7) of the Act.
2. All production and maintenance employees of the Company,
excluding watchmen, foremen, and clerical and office employees, con-
stitute 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 .
DixxcrED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Automotive Maintenance Machinery Company, North Chicago,
Illinois, 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 Thirteenth 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 pro-
duction and°maintenance employees who were employed by the Com-
pany during the pay-roll period. immediately preceding the date of
this Direction of Election, including employees who did not work
448105-42-vol. 39-52
800 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
-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 watchmen, foremen, clerical and
office employees, and employees who have since quit or been dis-
charged for cause, to determine whether or not they desire to be
represented by Steel Workers Organizing Committee, C. I. 0., for
the purposes of collective bargaining. '