Solem Machine Co.

National Labor Relations Board - Board Decisions

Aug 30, 1946

70 N.L.R.B. 1041 (N.L.R.B. 1946)

In the Matter of SOLEM MACHINE COMPANY, EMPLOYER and IN-
TERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT No. 101,
PETITIONER
Case No. 13-R-36941.-Decided August 30, 19.4.6
Mr. Stanton E. Hyer, of Rockford, Ill., for the Employer.
Mr. P. L. Siemiller, of Chicago, Ill., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Rockford,
Illinois, on July 30, 1946, before Gustaf B. Erickson, Trial Examiner.
The Trial Examiner'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. THE BUSINESS OF THE EMPLOYER
Solem Machine Company, an Illinois corporation, is engaged in
the manufacture of surface grinders at its Rockford, Illinois, plant.
Approximately 70 percent of the raw materials used by the Employer
is obtained from points outside the State of Illinois. The Employer
manufactures finished products valued in excess of $400,000 a year,
of which 99 percent is shipped to points outside the State of Illinois.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization claiming to represent em-
ployees of the Employer.
70 N. L. R. B., No. 83.
1041
1042 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
Substantially in accordance with an agreement of the parties at the
hearing, we find that all production and maintenance employees of
the Employer, excluding office and clerical employees and all super-
visory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect 'changes in' the status of employees, or ef-
fectively 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 Solem Machine Company,
Rockford, Illinois, 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 Thirteenth Region, acting in this matter as agent
for the National Labor Relations Board, and subject to Article III,
Sections 10 and 11, of National Labor Relations Board Rules and
Regulations-Series 3, as amended, among the 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 employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, and in-
cluding employees in,'the armed forces of the United States who
present themselves, in person at the polls, but excluding those, em-
ployees who have since quit or been. discharged for cause and .have
not been rehired or reinstated prior to the date of the election, to de-
termine whether or riot they desire to be represented by International
Association of Machinists, District No. 101, for the purposes of collec-
tive bargaining.
MR. JAMES J. REYNOLDS , JR., took no part in the'c`onsideration of'the
above Decision and Direction of Election. -