Excelsior Tool & Machine Co.

National Labor Relations Board - Board Decisions

Mar 30, 1943

48 N.L.R.B. 832 (N.L.R.B. 1943)

In the Matter of EXCELSIOR TOOL & MACHINE COMPANY and INTERNA-
TIONAL ASSOCIATION OF MACHINISTS , DISTRICT NO. 9, A. F. OF L.
Case No. R-5032.-Decided March 30, 1943
Jurisdiction : machinery manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord union recognition ; election necessary.
Unit Appropriate for Collective Bargaining : all employees, including laborers,
but excluding supervisory and office employees.
Mr. William C. Dunham, of East St. Louis, Ili, for the Company.
Mr. Arvel W. Kinney, of St. Louis, Mo., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION -
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Machinists,
District No. 9, A. F. of L., herein called the Union,' alleging that a
question affecting commerce had arisen concerning the representation
of employees of Excelsior Tool & Machine Company, East St. Louis,
Illinois, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Ryburn L. Hackler, Trial Examiner. Said hearing was held at St.
Louis, Missouri, on March 18, 1943. The Company and the Union
appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence 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
Excelsior Tool & Machine Company is an Illinois corporation with
its principal place of business, at East St . Louis, Illinois, where it is
engaged, in the manufacture of machinery and machine tools. During
48 N. L . R. B., No 96.
832
0
EXCELSIOR TOOL & MACHINE COMPANY 833
1942 the Comjjany purchased raw materials valued at about $30,000,
approximately 60 percent of which was shipped to it from points
outside the State of Illinois. During the same period it sold products
valued at about $148,000, approximately 83 percent of which was
shipped to points outside the State of Illinois.
H. THE ORGANIZATION INVOLVED'
International Association of Machinists, District No. 9,, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 28, 1942, the Union requested the Company to recog-
nize it as the exclusive representative of the Company's employees.
The Company refused this request.
A statement of the Regional Director, introduced into evidence
during the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be appropriate.'
We find that 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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The Union contends that all employees of the Company, excluding
supervisory and office employees, constitute an appropriate unit. The
only controversy with respect to the unit concerns laborers.
The Company would exclude four employees classified by it as
laborers on the ground that they are elderly employees not capable
of performing a "full day's" work. Evidence introduced at the hearing
indicates that the laborers are closely related, from a functional
standpoint, to the other employees who are admittedly in the unit.
There is no showing that, because of their alleged infirmities, they
perform duties sufficiently separate and distinct to warrant excluding
them from the unit. We find that laborers should be included in the
unit.
We find that all employees of the Company, including'laborers, but
excluding supervisory and office employees, constitute a, unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the Act.
1 The Regional Director reported that the Union presented 19 authorization cards bear-
ing apparently genuine signatures of persons N,,hose names appear on the Company's pay
roll of March 10, 1943 There are approximately 21 persons in the appropriate unit.
834 DECISIONS OF-NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES -
We shall direct that the question concerning representation which
has arisen, be resolved by means of an election by secret, ballot among
the employees in the appropriate, unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject,to the limitations and additions set forth in
the Direction.
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 of-National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby ' I
.
DIRECTED that, as part of the investigation to ascertain' represent-
atives for the purposes of collective bargaining with-Excelsior' Tool
& Machine Company, East St. Louis, 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 Fourteenth 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 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 the 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 or not they desire to be represented
by International Association of Machinists, District No. 9, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining.