The Letz Manufacturing Co.

National Labor Relations Board - Board DecisionsJun 15, 1940

24 N.L.R.B. 738 (N.L.R.B. 1940)

In the Matter of THE LETZ MANUFACTURING COMPANY and FEDERAL LABOR UNION No. 22226, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-1880.-Decided June 15, 1940 Feed Preparation Machines Manufacturing Industry-Investigation of Repre- sentatives ; stipulation between Company, petitioning union, and Board as to question concerning representation , appropriate unit, and direction of election- Election Ordered Mr. Isaiah S. Dorfman, for the Board. Mr. John H. Letz, of Crown Point, Ind., for the Company. Mr. Norman C. Bunde, of Crown Point, Ind., for the Union. Miss Ann Landy, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On March 12, 1940, Federal Labor Union No. 22226, affiliated with the American Federation of Labor, herein called the Union, filed with the Regional Director for the Thirteenth Region (Chicago, Illi nois ) a petition, 'and'on'April 22, 1940, an amended petition alleging that a question affecting commerce, had arisen concerning the repre- sentation of employees of The Letz Manufacturing Company, herein called the Company, 'engaged in the manufacture and sale of feed prep- aration machines at Crown Point, Indiana, and requesting an-investiga- tion-and certification of representatives pursuant to Section 9 (c) of the' National 'Labor ,Relations Act, .49 Stat., 449, herein called 'the, Act. On May 9, 1940, 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 and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On May 15, 1940, before any hearing was held, the Company, the Union, and counsel for the Board, entered into* a stipulation expressly subject to approval by the Board. In the 24 N. L. R. B., No. 74. 738 THE LETZ MANUFACTURING COMPANY 739 stipulation the parties agreed (1) that a. question affecting commerce- has arisen concerning the representation of employees of the Com- pany and (2) that all production and maintenance employees of the Company, excluding superintendents, foremen, supervisors, office. employees, salesmen, and full-time watchmen, constitute a unit appro- priate for the,purposes of collective bargaining; waived their right to a hearing and to the issuance of Findings of Fact and Conclusions of Law by thelBoard; and provided that the Board should direct that: an election be held among all employees in the unit who were" em- ployed by the Company during the week ending April 8, 1940, to determine whether or not they desire to be represented by the Union for the purposes of collective bargaining, and should thereafter proceed pursuant to Article III, Section 9, of said Rules and Regu- lations. The Board hereby approves the foregoing stipulation. Upon the basis of the stipulation and the entire record in the case, the Board makes the following : FINDINGs OF FACT - 1. A question affecting commerce has -arisen concerning the repre-' sentation of employees of The Letz Manufacturing Company, Crown Point, Indiana, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. - 2. All production and maintenance employees of the Company, excluding -superintendents, foremen, supervisors, office employees, salesmen, and full-time watchmen, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations 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, 49 Stat. 449, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with The Letz Manufacturing Company, Crown Point, Indiana, an election by secret ballot shall be conducted as soon as possible but not later than thirty (30) days from the date of this Direction of Election, 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, Section 9, of said 740 DECISIONS OF NATIONAL LABOR RELATIONS BOARD, Rules and Regulations, among all production and maintenance em- ployees of The Letz Manufacturing Company who were employed during the week ending April 8, 1940, excluding superintendents, foremen, supervisors, office employees, salesmen, and full-time watch- men, and all persons who have since- quit or been discharged for cause, to determine whether or not they desire to be represented for the purposes of collective bargaining by Federal Labor Union No. 22226, affiliated with the American Federation of Labor.