Red Jacket Manufacturing Co.

National Labor Relations Board - Board Decisions

Apr 1, 1946

66 N.L.R.B. 1394 (N.L.R.B. 1946)

In the Matter of RED JACKET MANUFACTURING COMPANY and UNITED
FARM EQUIPMENT AND METAL WORKERS OF AMERICA, LOCAL UNION
214, C. I. O.
Case No. 18-R-1435.-Decided April 1, 1946
Huber, Reidy, and Katz, by Mr. Isadore I. Katz, of Rock Island,
Ill., and Mr. H. R. Lafferty, of Davenport, Iowa, for the Company.
Meyers and Meyers, by Mr. Irving Meyers, of Chicago, Ill., and
Mr. Gerald McMahill, of Rock Island, Ill., for the CIO.
Mr. Donald B. Brady, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Farm Equipment and Metal
Workers of America, Local Union 214, C. I. 0., herein called the
CIO, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Red Jacket Manufactur-
ing Company, Davenport, Iowa, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Clarence A. Meter, Trial Examiner. The
hearing was held at Davenport, Iowa, on February 19, 1946. The
Company and the CIO appeared and participated.' All parties were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. The
Trial Examiner's rulings made at the hearing are free from prejudi-
cial error and are hereby affirmed. All parties were afforded oppor-
tunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Red Jacket Manufacturing Company, an Iowa corporation, owns
and operates a plant in Davenport, Iowa, which manufactures pumps,
'International Association of Machinists , herein called the I . A. M., also was served
with notice , but did not appear . On January 30, 1946, the I . A. M. notified the Regional
Director that it had no interest in the instant proceeding.
66 N. L . R. B., No. 170.
1394
RED JACKET MANUFACTURING COMPANY 1395
water conditioners, water systems, and similar products. During
1945, the Company purchased raw materials valued in excess of
$100,000, at least 90 percent of which was shipped to the plant from
points outside the State of Iowa. During the same year, the Com-
pany manufactured finished products valued in excess of $100,000,
90 percent of which was transported to points outside the State of
Iowa.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
1I. THE ORG tNIZATION INVOLVED
United Farm Equipment and Metal Workers of America, Local
Union 214, is a labor organization, affiliated with the Congress of
Industrial Organizations, admitting to membership employees of
the Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
On December 4, 1945, the CIO requested recognition by the Com-
pany as the exclusive bargaining representative of its employees in
the machine shop division. The Company refused this request on
the ground that it was under contract with the I. A. M.
On January 22, 1942, the I. A. M. was certified by the Board
as the collective bargaining representative of the employees sought
herein by the CIO.'- Thereafter, the I. A. M. entered into successive
contracts with the Company, the last of which was executed on
April 5, 1943. This latter contract provided that it was to continue
from year to year unless terminated by written notice 60 days prior
to the annual expiration date. The Company contends that the
1913 contract, as renewed, constitutes a bar to the instant proceeding."
Inasmuch as the CIO presented its claim to representation prior to
the automatic renewal date of the contract, we find that it constitutes
no bar to a present determination of representatives.'
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the CIO represents a substantial number of
employees in the unit hereinafter found appropriate.5
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
2 38 N. L. R. B. 468
3 As noted In footnote 1, supra, the 1 . A. M , by letter dated January 30, 1946, notified
the Regional Director that it had no interest in this proceeding
* Matter of Eastern Toot & Mfg Co , Inc., 61 N. L. R. B 1315.
^ The Field Examiner reported that the CIO submitted 53 membership cards.
There are approximately 110 employees In the appropriate unit.
1396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1V. Ti II .PPROPRiAI E I-NIT
We find, substantially in accord with an agreement of the parties,
that all employees of the Company in the following departments :
machine shop, maintenance, carpenter shop, hand-pump assembly.
water conditioner assembly, centrifugal-pump assembly, deep-well
assembly, shallow-well assembly, pitcher spout assembly, dip paint.
spray paint, hand paint, cylinder and leather packaging, water con-
ditioner packaging. motor and switch assembly, water system final
assembly, delivery, hand-pump final assembly, storage and shippnig.
engine room, receiving, trucking and stockroom, including employees
performing machine shop work in the hill room, but excluding office
employees, engineering and drafting department employees, plant
clerical employees, watchmen, janitors, salesmen, foremen, and all
or any 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.1
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in
the Direction.
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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Red Jacket
Manufacturing Company, Davenport, 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,
6 This is substantially the same unit as that previously found appropriate by the Board
in Matter of Red Jacket Jfa"u factoring Company , 33 N L. R B 932. See also Matter
of Red Jacket Manufacturing Company , 62 N L R B 740
l{I.D JA CKET MANU FACTURING ClUMIP 1 1397
acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Sections 10 and 11, of said Rules
and Regulations, among employees in the unit found appropriate
in Section IV", above, who were employed during the pay-roll period
immediately preceding the date of this Direction, including em-
ployees who did not work during said pay-roll period because they
were ill or on vacation or temporarily laid off, and including em-
hloyees in the armed forces of the United States who present them-
selves in person at the polls, but excluding those employees who have
since quit or been discharged for cause and have not been rehired of
reinstated prior to the date of the election, to determine whether or
not they desire to be represented by United Farm Equipment and
Metal Workers of America, Local Union 214, C. I. 0., for the
purposes of collective bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.