Kearney & Trecker Corp.

National Labor Relations Board - Board Decisions

Sep 3, 1940

27 N.L.R.B. 63 (N.L.R.B. 1940)

In the Matter of KEARNEY & TRECKER CORPORATION and PATTERN
MAKERS LEAGUE OF NORTH AMERICA, AND PATrERN.MAKERS ASSOCIA-
TION OF MILWAUKEE AND VICINITY, A. F. L.
Case No. R-2011.Decided September 3, 1910
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Jacob,J. Karro, for the Board.
Mr. Joseph L. Trecker, of-West Allis, Wis., and Messers Bendinger,
Hayes, Klwwin and Schlosser; by Mr. Henry Bendhiger, of Milwau-
kee, Wis., for the Company.
Mr. Roy E. Rogers, of Hammond, Ind., for the League.
Mr. F. E: Hill, of Milwaukee, Wis., for the Independent.
Mr. Harold Weston, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On May 3, 1940, Pattern Makers League of North America, and
Pattern Makers Association of Milwaukee and Vicinity, A. F. L.,
herein called the League, filed with the Regional Director for the
Twelfth Region (Milwaukee, Wisconsin), a petition alleging that a
question affecting commerce had arisen concerning, the representation
of employees of Kearney & Trecker Corporation, herein called the
Company, engaged in the manufacture of machine tools and related
attachments and accessories at West Allis, Wisconsin, and request-
ing an investigation and certification of representatives pursuant to
Section 9 (c) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. On June 12, 1940, the National Labor Rela-
tions 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, or-
dered an investigation and authorized the Regional Director to con-
duct it and to provide for an appropriate hearing upon due notice.
27 N. L. R. B., No. 12.
63
64 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On July 16, 1940, the Company, the League, Kearney & Trecker
Employees Independent Union, herein called the Independent, and
the Board entered into a "Stipulation for Certification UponXonsent
Election."
-Pursuant to the Stipulation, an election by secret ballot was con-
ducted on July' 29, 1940, under the -direction and-supervision of the
Regional Director among. the patternmakers and patternmakers' ap-
prentices employed by the Company on July 15; 1940, to determine
whether or not said employees desire to be represented by the League,
for the purposes,of collective bargaining. On August 2, 1940, the
Regional" Director issued and duly "served 'upon the parties his Elec-
tion Report on the ballot. No objections to the conduct of the ballot
or to the Election Report have been filed by-any, of the parties. "
,•. In his Election Report, the Regional. Director reported-as follows
concerning the. balloting and its results :
Total eligible to vote --------------------------------------- 16,
Total number of ballots cast-------------------------------- 16
Total number of votes cast in favor of Pattern Makers League
.of North America, and Pattern Makers Association .of Mil-
waukee and Vicinity, A F. L------------------------------ 15
Total number of votes cast against Pattern Makers League of
North America , and Pattein Makers Association of Milwaukee
and Vicinity, A F. L------------------------------------- 1
Total number of blank ballots------------------------------- 0
Total number of void ballots--------------------------------- 0
Total number of challenged ballots --------------------------- 0
Total number of valid votes---------------------------------- 16
_
Upon the basis of the stipulation, the Election Report, and the entire
record in the case, the Board makes the followiiig : '
FINDINGS OF FACT
'1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Kearney •& Trecker Corporation, West Allis,
Wisconsin, ^within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. The patternmakers and patternmakers' apprentices employed by
the Company constitute a unit appropriate for the purposes of collec-
tive bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
3. Pattern Makers League of North America, and Pattern Makers
Association of Milwaukee and Vicinity, A. F. L., has been designated
and selected by a majority of the employees in the above unit as their
representative for 'the purposes of collective bargaining, and is the
exclusive representative of all the employees in said unit within the
meaning of Section 9 (a) of the National Labor Relations Act.
KEARNEY & TRECKER CORPORATION- 65,
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,
IT IS HEREBY CERTIFIED that Pattern Makers League of North Amer-
ica, and Pattern Makers Association of Milwaukee and Vicinity,
A. F. L., has been designated and selected by a majority of the,pattern-
makers and patternmakers' apprentices employed by Kearney &
Trecker Corporation, West Allis, Wisconsin, as their representative
for the purposes of collective bargaining, and that pursuant to the pro-
vision of Section 9 (a) of the Act, Pattern Makers League of North
America, and Pattern Makers Association of Milwaukee and Vicinity,
A. F. L., is the exclusive representative of all such employees for the
purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.
323428-42-vol. 27-6