Blount Plow Works, Inc.

National Labor Relations Board - Board DecisionsOct 30, 1946

71 N.L.R.B. 483 (N.L.R.B. 1946)

In the Matter of BLOUNT PLOW WORKS, INC., EMPLOYER and UNITED FARM EQUIPMENT & METAL WORKERS OF AMERICA , CIO, PETI- TIONER Case No. 11-B-11-56.-Decided October 30, 1946 Mr. Paul Schmidt, of Evansville, Ind., for the Employer. Mr. W. O. Sonnemnann, of Milwaukee, Wis., Mr. Sydney Berger, of New York City, and Mr. Kenneth Born, of Evansville, Ind., for the Petitioner. Mr. John T. Sterneman, of Evansville , Ind., for the Intervenor. Mr. Warren H. Leland, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Evans- ville, Indiana, on September 19, 1946, before Arthur R. Donovan, 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 I. TIIE BUSINESS OF TIIE EMPLOYER Blount Plow Works, Inc., an Indiana corporation engaged in the manufacture of farm implements , maintains its sole place of business at Evansville , Indiana. During the past year the Employer pur- chased raw materials valued in excess of $25,000, approximately 75 percent of which was purchased outside the State of Indiana. During the same period the Employer manufactured finished products valued in excess of $100,000, approximately 75 percent of which was shipped to points outside the State of Indiana. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. 71 N. L. R. B., No. 73. 483 484 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, herein called the Intervenor, is a labor organization affiliated with the Congress of Industrial Organi- zations, claiming to represent employees of the Employer. 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 In accordance with the agreement of the parties, we find,that all production and maintenance employees, excluding office and clerical employees, the design engineer, the time-study man, the timekeeper, the foreman and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Blount Plow Works, Inc., Evansville, Indiana, 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 Re- gional Director for the Eleventh Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sec- ' On September 3, 1946, the Petitioner filed unfair labor practice charges against the Employer , alleging violations of Sections 8'(1) and 8 ( 3) of the Act ( Case No. 11-C-1337) The Petitioner has, however , since filed a waiver of the right to protest any election which might be directed in this proceeding based on the subject matter of the pending unfair labor practice charges it brought against the Employer. BLOUNT PLOW WORKS, INC. 485 tions 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4, among the employees in the unit found appro- priate 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 including employees in the armed forces of the United States who present 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 they desire to be represented by United Farm Equipment & Metal Workers of America, CIO, or by International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, CIO, for the purposes of collective bargaining, or by neither.