Lincoln Engineering Co.

National Labor Relations Board - Board Decisions

Sep 6, 1940

27 N.L.R.B. 86 (N.L.R.B. 1940)

In the Matter of LINCOLN ENGINEERING COMPANY and TOOL & DIE
MAKERS LODGE 688 OF TIIE INTERNATIONAL ASSOCIATION OF MACHIN-
ISTS, DISTRICT No. 9
In the Matter of LINCOLN ENGINEERING COMPANY and PROGRESSIVE
LODGE 41 OF THE INTERNATIONAL ASSOCIATION OF MACHINISTS, DIS-
TRICT No. 9
In the Mattel' 'Of LINCOLN ENGINEERING COMPANY and INTERNATIONAL
UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, LOCAL No. 691
Cases Nos. R-1882, R-1883, and R-1884
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
September 6, 19/10
On July 29, 1940, the National Labor Relations Board, herein called
the Board issued its Decision and Direction of Elections in the above-
entitled proceeding.' Pursuant to the Direction of Elections, elec-
tions by secret ballot were conducted on August 22, 1940, under the
direction and supervision of the Regional Director for the Fourteenth
Region (St. Louis, Missouri). On August 26, 1940, the Regional
Director, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, issued
an Election Report, copies of which were duly served on the parties.
No objections to the conduct of the ballot or Election Report have
been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Tool and Die Makers
(The number of einliloyees who were eligible to vote was 12)
Total number of ballots cast------------------------------- 12
Number of ballots challenged______________________________ 1
Number of blank ballots___________________________________ None
Number of void ballots____________________________________ None
Total number of ballots counted ____________________________ 11
25 N L R B 1083
27 N. L . R B., No. 21.
86
LINCOLN ENGINEERING COMPANY
Number of ballots voted for Tool & Die Makers Lodge 688 of
the International Association of Machinists, District No 9_ 10
Number of ballots voted for Lincoln Employees Benefit Associa-
ation-------------- ------------------------------------ 1
Number of Ballots voted for International Union, United
Automobile Workers of America, Local No. 691 ------------ None
Number of Ballots voted for none of the thi ee labor organi-
zations------------------------------------------------- None
Machinists
(The number of employees who were eligible to vote was 90)
Total number of ballots cast ------------------------------- 86
.Number of ballots challenged------------------------------ None
Number of blank-ballots----------------------------------- None
Number of void ballots------------------------------------ None
Total number of ballots counted---------------------------- 86
Number of ballots voted for Progressive Lodge 41 of the Inter-
national Association of Machinists, District No. 9--------- 48
Number of ballots voted for Lincoln Employees Benefit Asso-
ciation------------------------------------------------- 20
Number of ballots voted for International Union, United Auto-
mobile Workers of America, Local No. 691---------------- 18
Number of ballots voted for none .of the three labor organi-
zations------------------------------------------------- None
Remaining Production and Maintenance Employees
(The number of employees who were eligible to vote was 130)
Total number of ballots cast------------------------------- 125
Number of ballots challenged------------------------------ None
Number of blank ballots----------------------------------- None
Number of void ballots------------------------------------ None
Total number of ballots counted---------------------------- 125
Number of ballots voted for International Union, United Auto-
mobile Workers of America, Local No. 697 ---------------- 76
Number- of ballots voted for Lincoln Employees enefit Asso-
ciation---------------------------------- ------- 45
Number of ballots voted for neither labor,organization---__- 4
87
Since the counting of the one challenged vote would not affect the
results of the election among the tool and die makers, it is unneces-
sary to make any determination with respect thereto.
The Directions of Elections provided that elections be conducted
among the employees of the Company within the following groups :
(a) The tool and die makers and apprentices employed in the
toolroom, excluding supervisory employees, to determine whether
they desire to be represented by Lodge 688, the U. A. W., or the
Association, for the purposes of collective bargaining, or by none of
the three labor organizations;
(b) The machinists, machine hands, helpers, and apprentices, em-
ployed in the machine shop, the fitting department, and the experi-
88 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mental department, excluding supervisory employees, to determine
whether they desire to be repreesnted by Lodge 41, the U. A. W., or
the Association, for the purposes of collective bargaining or by none
of the three labor organizations;.
(c) All the remaining production, and maintenance employees of
the Company, excluding supervisory employees having authority to
hire and discharge, foremen, office employees, and watchmen, but
including line men and group leaders, to determine whether they
desire to be represented by the U. A. W. or the Association for the
purposes of collective-bargaining, or by neither.
In its Decision the Board made no final determination' as. to the
unit or units appropriate for the purposes of collective bargaining,
pending elections to be held as directed above. The Board- stated,
inter alia: "If a majority of the tool and die makers cast their votes
for the U. A. W. and/or the Association, the tool and die makers shall
be included within the industrial unit'and their votes shall then be
counted for the determination of the representative as between the
U. A. W. and the Association, along with the other votes cast by the
employees who are already found to be included in the industrial
unit. In the event, however, that a majority of the tool and die
employees cast their votes for Lodge 688 or for neither the U. A. W.,
the Association, nor Lodge 688, the tool and die employees shall be
excluded from the industrial unit. Likewise, if a_majority of the
machinists choose the U. A. W. and/or the Association, the ma-
chinists shall be included within the industrial unit and their votes
counted for the determination of the representative as between the
U. A. W. and the Association, along with the other votes cast by the
employees who are already found to be included in the industrial
unit. However, should a majority of the machinists cast their votes
for Lodge 41 or for neither the U. A. W., the Association, nor Lodge
41, the machinists shall be excluded from the general unit. We shall
certify the union or unions, if any, designated by a majority of the
employees within the appropriate unit or units as the exclusive
representative thereof."
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
1. We find that the tool and die makers and apprentices employed
in the toolroom of Lincoln Engineering Company, St. Louis, Mis-
souri, excluding supervisory 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 to collective bargaining, and otherwise efFectu-
-ate the policies of the Act.
LINCOLN ENGINEERING COMPANY 89
2. We find that the machinists, machine hands, helpers, and ap-
prentices employed in the machine shop, fitting department, and the.
experimental department of Lincoln Engineering Company, St.
Louis, Missouri, excluding supervisory 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 to collective bargaining, and otherwise
effectuate the policies of the Act.
3. We find that the remaining production and maintenance em-
ployee;i employed, by Lincoln Engineering Company, St. Louis,
Missouri, excluding supervisory employees having authority to hire
and discharge, foremen, office employees, and watchmen, but includ-
ing line men and group leaders, 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 to collective bargaining, and otherwise effectuate
the policies of the Act.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
SUPPLEMENTAL CONCLUSIONS OF LAW
1. The tool and die makers and apprentices employed in the tool-
room of Lincoln Engineering Company, St. Louis, Missouri, excluding
supervisory employees, constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
2. 'The machinists, machine hands, helpers, and apprentices em-
ployed in the machine shop, fitting department, and the experimental
department of Lincoln Engineering Company, St. Louis, Missouri,
excluding supervisory employees, constitute a unit appropriate for
the purposes of collective bargaining, within the meaning of Section
9 (b) of the National Labor Relations Act.
3. The remaining production and maintenance employees employed
by Lincoln Engineering Company, St. Louis, Missouri, excluding
supervisory employees having authority to hire and discharge, fore-
men, office employees, and watchmen, but including line men and group
leaders, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (h) of the National Labor
Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
90 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
49 Stat. 449, and pursuant to Article III, Sections 8 and 9 of National
Labor Relations Board Rules and Regulations-Series 2, as amended
IT IS HEREBY CERTIFIED that Tool & Die Makers Lodge 688 of the
International Association of Machinists, District No. 9, affiliated with
the American Federation of Labor, has been designated and selected
by a majority of the tool and die makers and apprentices 'emlilbyed
in the toolrooin of Lincoln Engineering Company, St. Louis, Missouri,
excluding supervisory employees, as their representative for the pur-
poses of collective bargaining, and that, pursuant to the provisions of
Section 9 (a) of the National Labor Relations Act, Tool & Die Makers
Lodge 688 of the International Association of Machinists, District
No. 9, affiliated with the American Federation of Labor, is the exclusive
representative of all such employees, for the purposes of collective
bargaining with respect to rates of pay, wages, hours of employment,
and other conditions of employment; and
IT IS HEREBY CERTIFIED that Progressive Lodge 41 of the International
Association of Machinists, District No. 9, affiliated with the American
Federation of Labor, has been designated and selected by a majority
of the machinists , machine hands , helpers , and apprentices employed
in the machine shop, fitting department and the experimental depart-
ment, excluding supervisory employees as their representative for the
purposes of collective bargaining ; and that, pursuant to the provisions
of Section 9 (a) of the National Labor Relations Act, Progressive
Lodge 41 of the International Association of Machinists, affiliated with
the American Federation of Labor, is the exclusive representative of
all such employees for the purposes of collective bargaining with
respect to rates of pay , wages, hours of employment , and other condi-
tions of employment; and
IT IS HEREBY CERTIFIED that International Union, United Automobile
Workers of America, Local No. 691, affiliated with the Congress of
Industrial Organizations, has been designated and selected by a ma-
jority of the remaining production and maintenance employees of
Lincoln Engineering Company, St. Louis, Missouri, excluding super-
visory employees having authority to hire and discharge, foremen,
office employees, and watchmen , but including line men and group
leaders, as their representative for the purposes of collective bargain-
ing, and that, pursuant to the provisions of Section 9 (a) of the
National Labor Relations Act, International Union, United Auto-
mobile Workers of America, Local No. 691, affiliated with the Congress
of Industrial Organizations , is the exclusive representative of all such
employees for the purposes of collective bargaining with respect to
rates of pay, wages, hours of employment, and other conditions of
employment.