Enterprise Wheel & Car Corp.

National Labor Relations Board - Board Decisions

Mar 26, 1943

48 N.L.R.B. 644 (N.L.R.B. 1943)

In the Matter of ENTERPRISE .WHEEL, & CAR CORPORATION and INTER-
NATIONAL ASSOCIATION OF MACHINISTS, AFL
Case No. R-4999.-Decided March 26, 1943
Jurisdiction : automotive equipment manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord the union recognition because of its defeat in a consent election
conducted less than a year prior to its present request; consent election con-
ducted eight months prior to present decision, in which no representative was
selected,, held no bar ; election necessary.
Unit Appropriate for Collective Bargaining : production, maintenance, and tech-
nical employees, excluding office, clerical, and supervisory employees; agree-
ment as to.
Mr. Leonard R. Hall, of Bristol, Va., for the Company.
Mr. C. C. Cochran, of Bristol, Va., for the I. A. M.
Mr. Marvin C. l%Vahl, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Machinists,
AFL, herein called the I. A. M., alleging that a question affecting com-
merce had arisen concerning the representation of employees of Enter-
prise Wheel & Car Corporation , Bristol, Virginia , herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Anthony E. Molina, Trial Ex-
aminer. Said hearing was held at Bristol , Virginia, on March 12,
1943. The Company and the I. A. M. appeared, participated, and
were afforded full opportunity to be heard, to examine and cross-exam-
ine witnesses , and to 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
I. THE BUSINESS OF THE COMPANY
• Enterprise Wheel & Car Corporation is a Virginia corporation,
engaged at Bristol, Virginia, in the manufacture, sale, and distribu-
48 N. L. R. 13, No. 79.
644
i, • • ;ENTERPR'ISE WHEEL. & CAR CORPORATION 645
tion of mine cars, truck trailers, and ship parts. The Company's
principal raw materials are steel, and steel products, having an annual
purchase value of approximately $1,000,000; 95 percent of said raw
materials is shipped, to the Company from, .points outside Virginia.
The annual sales value of the Company's •fihished products amounts
to approximately $2,000,000; 90 percent of said products is shipped
to points outside Virginia.
IT. TI-IE, ORGANIZATION INVOLVED
International Association of Machinists is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
It was stipulated at the hearing that- on or about February 15, 1943,
the Company refused to recognize the I. A. M. as the exclusive bar-
gaining representative of` the employees covered by the petition on
the ground that the I. A. M. was defeated in a consent election held
in August 1942.1 At the hearing, the Company contended that the
Board should not direct an election at this time because an election
had been held within the past year. ,
A statement of the Regional Director introduced into evidence and
a statement by the Trial Examiner at the hearing indicate that the
I. A. M. represents a majority of the employees in the unit herein-
after found appropriate .2 All of these cards are dated subsequent to
the election of August. 1942. Since no collective bargaining repre-
sentative was chosen as a result of that election, and in view of the
fact that a majority of the Company's employees in the appropriate
unit appear to have indicated since that election a desire for repre-
sentation by the I. A. M., ive believe that the policies of the Act will
best-be effectuated by conducting an election on the present petition.3
We find that a question affecting connnerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6), and (7) of the Act.
1 As a result of the petition filed in Matter of Enterpi ise Wheel d Car Corp and Inter-
national Assn of Machinists (Case No. V-R-1083), a consent election was conducted by the
Board on August 7, 1942 The Regional Director reported that in that election 252 ballots
were cast , of which 114 were for , and 138 against, the I. A. M
2 The Regional Director stated that the I. A M submitted 185 authorization cards, all
bearing apparently genuine signatures All of the cards were dated in February 1943,
except one , which -was dated in January 1943 While the Company refused to submit to
the Regional Director a copy of its current pay roll in order to permit a check of the author-
ization cards , it appears by stipulation at the hearing that 350 pei sons are employed in the
unit hereinafter found to be appropriate The Trial Examiner stated that the I A M.
submitted to hum 36 additional authorization cards, 9 of which were dated in February 1943,
and 27 in March 1943, and all of said cards bore signatures which appeared to be genuine.
3 See Matter of Detroit Nut Company and Local 174, United Automobile, Aircraft t Agri-
cultural Implement Woikers of America, C I. 0., 39 N L. R B. 739, and cases therein cited
I
646 DECISIONS OF NATIONAL LAB-OR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
The parties agree, and' we find, that all production, maintenance,
and technical employees, excluding office, 'clerical, and supervisory
employees, constitute a unit appropriate for the purposes of collec-
tive 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 employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of our Direction of Election, subject
to the limitations and additions set forth therein.
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, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
'hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Enterprise Wheel
& Car Corporation, Bristol, Virginia, 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 Fifth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Section 10, of said Rules and Regulations, among all em-
ployees of the Company within 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 such pay-roll period because they were ill or on vaca-
tion 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 employees who have since quit or been discharged
for cause, to determine whether or not they desire to be represented
by International Association of Machinists, AFL, for the purposes of
collective bargaining.