Moline Tool Co.

National Labor Relations Board - Board Decisions

Apr 14, 1943

48 N.L.R.B. 1233 (N.L.R.B. 1943)

In the Matter of MOLINE TOOL COMPANY and INTERNATIONAL AssoCIA-
TION OF MACHINISTS, A. F. OF L.
In the Matter Of MOLINE TOOL COMPANY and UNITED ELECTRICAL,
RADIO & MACHINE WORKERS OF AMERICA , C. I. O.
Cases Nos. B-5103 and R-5104 respectively.Decided April 14, 194.3
Jurisdiction : drilling equipment manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition to either of petitioning organizations until certified
by the Board; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, including inspectors, watchmen, laborers, painters, and electricians,
but excluding, foremen and supervisory employees, clerical and sales employees,
pattern makers, and pattern makers' apprentices ; stipulation as to.
Mr. Cyrus Chiurchill, of Moline, Ill., for the Company.
Mr. R. B. Logsdon, of St. Louis, Mo., and Mr. John F. Nordnwin,
of Moline, Ill., for the CIO.
Mr. Earl P. Hogan, of Rock Island, Ill., for the AFL.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Machinists,
A. F. of L., herein called the AFL, and the United Electrical, Radio &
Machine Workers of America, C. I. 0., herein called the CIO, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Moline Tool Company, Moline, Illinois,
herein called the Company, the National Labor Relations Board con-'
solidated the cases and provided for an appropriate hearing upon due
notice before Russell Packard, Trial Examiner. Said hearing was
held at Moline, Illinois, on April 1, 1943. The Company, the AFL,
and the CIO appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
48 N. L R. B., No. 150.
1233
1234 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
introduce evidence bearing on the issues. 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 Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
. Moline Tool Company, an Illinois corporation, having its principal
place of business at Moline, Illinois, is engaged in the manufacture„
..sale, and distribution of-drilling equipment, machine sleeve linings,
and related items. During the calendar year 1942 the Company pur- -
,chased raw materials valued in excess of $500,000, of which more than
75 percent was shipped to it from points outside the State of Illinois.
During the same period the Company sold finished products valued in
excess of $500,000, of which more than 90 percent was sold and trans-
ported to points outside the State of Illinois. The Company admits
that it is' engaged in commerce within the meaning of the National
Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists is a labor` organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
United Electrical, Radio & Machine Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
.admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to grant exclusive bargaining recognition to
-either labor, organization until there has been a certification by the
Board.
Statements of the Trial Examiner, introduced into evidence at the
hearing, indicate that the CIO and the AFL each represents a sub-
stantial number of employees in the unit hereinafter found appro-
priate.'
We find tht 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.
1 The Trial Examiner reported that the AFL submitted 86 designation cards bearing'
apparently genuine original, signatures , of which 66 bore names of persons appearing
upon the Company ' s pay roll of March 22 , 1943. This pay roll contained 114 names
in the appropriate unit. The CIO submitted 52 designation cards bearing apparently
genuine original signatures , of which 49 bore the names of persons appearing upon the
above-mentioned pay roll.
MOLINE TOOL COMPANY 1235
IV. THE APPROPRIATE UNIT
In accordance with a stipulation ,of the parties, we find that all
production and. maintenance employees (including inspectors, watch-
men,2 laborers, painters, and electricians) of the Company, excluding
foremen and supervisory employees, clerical and sales employees, pat-
ternmakers , and patternmakers' apprentices, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning'
of Section 9 (b) of the Act.
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 the em-
ployees in the appropriate unit who Were employed during the pay-
roll period immediately preceding the date of our Direction of Elec-
tion, subject to the limitations and additions set forth therein .3
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 Relations Act,
and pursuant to Article' III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is he
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Moline Tool Coin-'
pang, Moline, 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, Sec-
tion 10, of said Rules and Regulations, among the,employees in the
unit found appropriate in Section IV, above, Who were employed dur-
ing the pay-roll period immediately preceding the date of this Direc-
tion, including any sack employees who did not work during said
pay-roll period because they were ill or on vacation or temporarily
laid off, and including employees in the armed, forces of the United
States who present themselves in person at the polls, but excluding
any who have since quit or been discharged for cause, to determine
whether they desire to be represelited by the AFL or by Local 814,
United Electrical, Radio & Machine Workers of Ainerica, C. I. 0.,
for the purposes of collective bargaining, or by neither.
''The only watchman employed is neither armed , uniformed , nor deputized
, The requests of.the AFL and the CIO to appear upon the ballot as "AFL" and
"Local 814, United Electrical, Radio & Machine Workers of Ameiica, C I O. respec-
tively, are hereby granted.
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