Hall Manufacturing Co.

National Labor Relations Board - Board Decisions

Apr 1, 1942

40 N.L.R.B. 14 (N.L.R.B. 1942)

In the Matter Of HALL MANUFACTURING CO. and UNITED FARM
EQUIPMENI WORKERS, LOCAL 132
Case No. R-3613.-Decided April 1, 1942
Jurisdiction : small farm tool manufacturing industry:
Investigation and Certification of .Representatives : existence of question : Com-
pany refused to accord petitioner recognition ; contract renewed after notice
of petitioner's claim to representation, no bar to ; election necessary.
Unit Appropriate for Collective Bargaining : all hourly and piece-work em-
ployees engaged in maintenance and production, including firemen and work-
ing foremen, but excluding office employees (including clerical and office
employees working in the plant), full-time supervisory employees (including
the production manager, the superintendent, and non-working foremen), and
guards.
Mr. H. Y. Simmons, of Cedar Rapids, Iowa, for the Company.
Mr. Seymour Siporin, of Rock Island, Ill., and Mr. C. W. Hobbie,
of Cedar Rapids, Iowa, for the United.
Mr. John H. Cummings, of Cedar Rapids, Iowa, for the, I. A. M.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 31, 1942. United Farm Equipment Workers, Local 132,
herein' called the United, filed with the Regional Director for the
Eighteenth Region (Minneapolis, Minnesota) a petition alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Hall Manufacturing Co., Cedar Rapids, Iowa,
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 February
27, 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 grid authorized the Regional
Director to' conduct it - nd to provide for an appropriate hearing upon
due notice.
40 N. L R B, No 2.
14
11 HALL MANUFACTURING CO. 15
On March 2, 1942, the Regional Director issued a notice of hearing,
copies of, which were duly served upon the Company and the United
and upon Local No. 831, International Association of Machinists,
herein called the I. A. M, a labor organization. claiming to represent
employees directly affected by the investigation. Pursuant to notice,
a hearing was held on March 10, 1942, at Cedar Rapids, Iowa, before
Guy Farmer, the Trial Examiner duly designated by the Chief Trial
Examiner. The Company, the United, and the I. A. M. were repre-
sented and participated in the hearing. Full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues was afforded all parties. At- the commencement
df the hearing the Trial Examiner granted a motion of the United
to amend its petition to set forth its title correctly. During the course
of the hearing the Trial Examiner made several rulings, on other mo-
tions and on objections to the admission of, evidence. The Board has
reviewed these rulings and finds that no prejudicial errors were com-
mitted. 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
Hall Manufacturing Co. is an Iowa corporation with its principal
place of business at Cedar Rapids, Iowa,\where it is engaged in the
manufacture and distribution of small farm tools. During 1941 the
Company purchased raw materials valued at about $250,000, approxi-
mately 90 percent of which was shipped to it from points outside the
State of Iowa. During the same-period, the Company sold finished
products valued at about $538,000, approximately 87 percent of which
was shipped by it to points outside the State of Iowa.
II. THE ORGANIZATIONS INVOLVED
United Farm Equipment Workers, Local 132, is a labor organiza-
tion` affiliated with the Congress of Industrial Organizations, admit-
ting to membership employees of the Company.
Local No. 831, International Association of Machinists, is a labor
,organization affiliated with the American Federation of Labor, admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On -March 4, 1941, the I. A. M. and the Company entered into a
1-year exclusive bargaining contract. The contract provided that at
.the expiration of the first year it should remain in full force and effect
,16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
from year to year thereafter unless either party'thereto gave notice,
at least 30 days in advance of any annual expiration date, of a desire
to terminate. On January 28, 1942, the United, claiming to represent
a majority of the Company's employees, requested recognition as their
exclusive bargaining representative. The Company denied this
request. The petition herein was filed on January 31, 1942. No notice
of termination was given under the contract by either party thereto,
It is apparent that the contract does not constitute a bar to a present
determination of representatives inasmuch as the United made its
claim to represent a majority of the employees and filed the petition
herein prior to the automatic renewal date of the contract.
A statement of the Regional Director, introduced into evidence at
the hearing, shows that the United represents a substantial number-
of employees 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 I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States andI) I 1 '11 1
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company, the United, and the I. A. M. agree, and we find,
that all hourly and piece-work employees of the Company engaged
in maintenance and production, including-,firemen and working fore-
men, but excluding office employees (including clerical and office em-
ployees working in the plant), full-time supervisory employees (in-
cluding the production manager, the superintendent, and non-work-
ing foremen), and guards, constitute a unit appropriate for the pur-
poses of collective bargaining.' We further find that such 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.
' The Regional Director reported that the United presenied 451membership, application
ay roll ofcards bearing the signatures of persons whose names appear € oi the Company 's 'pay'
January 24 , 1942 There are 82 employees in the appropriate unit ' The I. A. M . stated
at the hearing that it relied on its contract with the Company as evidence of its repre-
sentation of employees.
2 This is substantially the same unit as is covered by the contract between the Company
and the I. A M
HALL MANUFACTURING CO.
VI. THE DETERMINATION OF REPRESENTATIVES
17
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
The United stated that in the event the Board directed an election it
desired that a pay roll as of the date of the hearing be used to deter-
mine eligibility to vote. In the absence of reasons for departure
from our usual custom we shall direct that the employees of the Com-
pany eligible to vote in the election shall be those within the appro-
priate. unit who ti ere employed during the pay-roll, period imme-
diately 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 Hall Manufacturing Co., Cedar Rapids,
Iowa, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the Act.
2. All hourly and piece-work employees of the Company engaged
in maintenance and production, including firemen and working fore-
men, but excluding office employees (including clerical and office em-
ployees working in the plant), full-time supervisory employees (in-
cluding the production manager, the superintendent, and non-working;
foremen), and guards, constitute 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
DIRECTED that, as part of the' investigation ordered by the Board ,to
ascertain representatives for the purposes of collective bargaining
with Hall Manufacturing Co., Cedar Rapids, Iowa, 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- Eighteenth' 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,
455771-42-vol. 40-2 .
18 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
among all hourly and piece-work employees of the Company engaged
in maintenance and production who were employed during the pay-
roll period immediately preceding ,the date of this Direction , includ-
ing firemen , working foremen, and employees who did not work dur-
ing 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 office employees (including clerical and office
employees working in the plant ), full-time supervisory employees
(including the production manager, the superintendent , and non-work-
ing foremen ), guards, and employees who have since quit or been dis-
charged for cause, to determine whether they desire to be represented
by United Farm Equipment Workers, Local 132, affiliated with the
Congress of Industrial Organizations , or by Local No. 831 , Interna-
tional Association of Machinists, affiliated with the American Federa-
tion of Labor, for the purposes of collective bargaining, or by neither.
In the Matter. of HALL MANUFACTURING Co. and UNITED FARM
EQUIPMENT WonicERS LOCAL 132
Case No. B-3613
CERTIFICATION OF REPRESENTATIVES
April 28, 1942
On April 1, 1942, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceedings.'
Pursuant to the Direction of Election, an election by secret ballot
was conducted on April 16, 1942, under the direction and supervision
of the Regional Director for the Eighteenth Region (Minneapolis,
Minnesota ). On April 18, 1942, the Regional Director, acting pur-
suant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued and duly served
upon the parties an Election Report on the ballot. No objections to
the conduct of the ballot or the Election Report have been filed by
any of.the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list----------------------------------- 77
Total ballots cast---------------------------------------- 74
Total ballots challenged---------------------------------- None
Total blank ballots--------------------------------------- None
Total void ballots---------------------------------------- None
Total valid vote's counted------------------------------ 74
rotes cast for United Farm Equipment Workers Local,132
(C. I. 0 )---------------------------------------------- 71
Votes cast for Local 831, International Association of Ma-
chinists (A F. of L.)--------------------- ------------- None
Votes cast for neither------------------------------------ 3
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, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series
2, as amended,
140NLRB14.
40 N L R B, No 2a.
19
20 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IT IS HEREBY CERTIFIED that United Farm Equipment Workers,
Local 132, affiliated with the Congress of Industrial Organizations,
has been designated and selected by a majority of all hourly and piece-
work employees of Hall Manufacturing Co., Cedar Rapids, Iowa.,
including firemen and working foremen, but excluding office em-
ployees (including clerical and office employees working in the plant),
full-time supervisory employees (including the production manager,
the superintendent, and non-working foremen), and guards, as their
representative for the purposes of collective bargaining, and that,
pursuant to Section 9 (a) of the Act, United Farm Equipment Work-
ers, Local 132, affiliated with the Congress of Industrial Organiza-
tions, is the exclusive representative of all such employees for the
purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.
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