Beloit Iron Works

National Labor Relations Board - Board Decisions

Sep 2, 1938

8 N.L.R.B. 1015 (N.L.R.B. 1938)

In the Matter of BELOIT IRON WORKS and INTERNATIONAL ASSOCIATION
OF MACHINISTS LOCAL No. 1197
Case No. R-928.-Decided September 2, 1938
Paper-Making Machinery Manufacturing Industry-Investigation of Represent-
atives: controversy concerning representation of employees : refusal by employer
to recognize petitioning union as exclusive representative unless compelled to do
so by legal process-Unit Appropriate for Collective Bargaining: employees in
north ' and south machine shops , erecting floor, tool room, sub-assembly , black-
smith shop, welding and crane operating departments , boiler and engine rooms,
shipping and receiving , and maintenance departments , excluding supervisory
employees ; stipulation as to-Election Ordered
Mr. W. R. Consedine, for the Board.
Mr. Otto A. Oestreich and Mr. P. J. E. Wood, of Janesville, Wis.,
for the Company.
Mr. J. M. Ramsey, of Rockford, Ill., for the Union.
Mr. Richard M. Blakey and Mr. W. H. Arnold, for the Intervenors.
Miss Ann Landy, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On June 1, 1938, International Association of Machinists, Local No.
1197, filed a petition with the Regional Director for the Twelfth
Region alleging that a question affecting commerce had arisen con-
cerning the representation of employees of the Beloit Iron Works,
herein called the Company, and requesting an investigation and cer-
tification of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On Jun€
22, 1938, 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 1,
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing upon
due notice.
8 N. L. R. B., No. M.
1015
1016 NATIONAL LABOR RELATIONS BOARD
On June 29, 1938, the Regional Director issued a notice of hearing,
copies of which were duly served upon,the Company and the Union.
On July 5, 1938, the Company filed an answer denying the essential
allegations of the petition. Pursuant to the notice, a hearing was
held on July 7, 1938, at Beloit, Wisconsin, before Carl J. Ludwig,
the Trial Examiner duly designated by the Board. The Board, the
Company, and the Union were represented by counsel and partici-
pated in the hearing. At the opening of the hearing, William Sowl,
Jr., Herman Schroeder, and Leonard Sturm, appeared by counsel and
made a motion to intervene. The Trial, Examinee granted the mo-
tion over the objection of the Union. Full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues was afforded to all parties. There were no
motions or objections to the admission of evidence raisea during the
course of the hearing.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company, Beloit Iron Works, is a Wisconsin corporation hav-
ing its principal office and place of business in Beloit, Wisconsin. It
is engaged in the design, assembly, manufacture, and sale of paper-
making machinery.
The principal raw materials used by the respondent are iron, other
metals, coke, coal, and lumber. Eighty-three per cent of the iron,
42 per cent of the lumber, and all of the non-ferrous metals and coal
are purchased outside the State of Wisconsin. The total sales of
respondent's products for 1937 were approximately $4,500,000. Over
80 per cent of these sales were made to purchasers outside Wisconsin.
H. THE ORGANIZATION INVOLVED
The International Association of Machinists, Local No. 1197, is a
labor organization affiliated with the American Federation of Labor.
It admits to membership employees of the respondent in the following
departments : Machine shops, erecting floor, tool room, sub-assembly,
blacksmith shop, boiler and engine room, welding, shipping, and receiv-
ing departments, and crane operators and maintenance employees.
III. THE QUESTION CONCERNING REPRESENTATION
On August 26, 1937, at a meeting between P. J. E. Wood, general
counsel of the Company, and the committee representing the Union,
the Union presented a tentative draft of a collective bargaining agree-
ment to the Company. The draft provided for exclusive bargaining
DECISIONS AND ORDERS 1017
rights. Wood told the committee that the Company would not recog-
nize the Union as exclusive bargaining agent for its employees until
it was compelled to do so by legal process. At the hearing Wood
admitted that the Company has not changed its position since.
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 burdening and obstructing commerce and the free
flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing it was stipulated by the parties that the Company's
employees in the following classifications constitute a unit appropriate
for the purposes of collective bargaining : North and south machine
shops, erecting floor, tool room, sub-assembly, blacksmith shop, weld-
ing department, crane operators, boiler and engine rooms, shipping
and receiving departments, and maintenance employees. Supervisory
employees are not mentioned in the stipulation. However, according
to our usual practice, we shall exclude them from the unit.
We find that the Company's employees in the north and south ma-
chine shops, erecting floor, tool room , sub-assembly, blacksmith shop,
welding department, crane operators, boiler and engine rooms, ship-
ping and receiving, and maintenance departments, excluding super-
visory 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 otherwise 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 can best be decided by holding an election by
secret ballot to determine whether or not the employees wish the
Union to represent them. We find in accordance with the stipula-
tion of the parties that those eligible to vote shall be the employees
within the appropriate unit who were employed by the Company on
March 25, 1938, with the addition of J. Krietzer and D. Phelps, who
were laid off on that day, excluding those employees who have since
quit or been discharged for cause. '
1018 NATIONAL LABOR RELATIONS BOARD
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 Beloit Iron Works, Beloit, Wisconsin,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the National Labor Relations Act.
2. The Company's employees in the north and south machine shops,
erecting floor, tool room, sub-assembly, blacksmith shop, welding and
crane operating departments, boiler and engine rooms, shipping and
receiving, and maintenance departments, excluding supervisory 'em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National
Labor Relations 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, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for collective bargaining with
the Beloit Iron Works, an election by secret ballot shall be con-
ducted within fifteen (15) days from the date of this Direction, under
the direction and supervision of the Regional Director for the
Twelfth 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-Series 1, as amended, among the employees
of the Beloit Iron Works employed in the north and south machine
shops, erecting floor, tool room, sub-assembly, blacksmith shop, weld-
ing and crane operating departments, boiler and engine rooms, ship-
ping and receiving, and maintenance departments, who were em-
ployed on March 25, 1938, with the addition of J. Krietzer and
D. Phelps, who were laid off on that day, excluding supervisory
employees, and those employees who have since quit or been dis-
charged for cause, to determine whether or not they desire to be repre-
sented by the International Association of Machinists, Local 1197,
affiliated with the American Federation of Labor, for the purpose
of collective bargaining.
MR. EDWIN S. SMITH took no part in the consideration of the above
Decision and Direction of Election.
DECISIONS AND ORDERS
[SAME TITLE
AMENDED DIRECTION OF ELECTION
September 14, 1938
1019
On September 2, 1938, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election in
the above-entitled proceeding. The Direction of Election provided
that the election should be held within fifteen (15) days from the
date of the Direction, under the supervision of the Regional Director
for the Twelfth Region. At the request of the International Associ-
ation of Machinists we shall postpone the election.
The Board hereby amends its Direction of Election by striking out
the words "within fifteen (15) days from the date of this Direction"
and substituting therefor the words "within fifteen days from October
1, 1938."
Mr. EDWIN S. SMITH took no part in the consideration of the above
Amended Direction of Election.
8 N. L. R. B., No. 125a.