F. H. Ayer Manufacturing Co.

National Labor Relations Board - Board Decisions

Apr 18, 1945

61 N.L.R.B. 621 (N.L.R.B. 1945)

In the Matter of F. H. AYER MANUFACTURING COMPANY and INTER-
NATIONAL ASSOCIATION OF MACHINISTS , LODGE 377, A. F. OF L.
Case No. 13-R-2888.-Decided April 18, 1945
Mr. Arthur V. Bishop, of Chicago Heights, Ill., for the Company.
Messrs. A. M. Keeney and H. L. Elder, of Chicago, Ill., for the
Union.
Mr. Louis Colein, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
' STATEMENT OF THE CASE
Upon petition duly filed by International Association of Machinists,
Lodge 377, A. F. of L., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of F. H. Ayer Manufacturing Company, Chicago Heights, Illi-
nois, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Robert T.
Drake, Trial Examiner. Said hearing was held at Chicago, Illinois,
on March 19, 1945. The Company and the Union appeared, partici-
pated, and were afforded full opportunity to be heard, to examine and
cross-examine 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. All parties were af-
forded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
F. H. Ayer Manufacturing Company is an Illinois corporation with
its plant at Chicago Heights, Illinois, where it is engaged in the manu-
facture of bending pins, signal equipment, and special machinery.
During 1944 the Company received about 150 tons of steel, approx-
imately 30 percent of which was shipped to it from points outside the
State of Illinois. During the same period the Company shipped about
61 N. L. R. B., No. 92.
621
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622 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
150 tons of finished products , approximately 30 percent of which was
shipped 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 ORGANIZATION INVOLVED
International Association of Machinists, Lodge 377, is a labor or-
ganization affiliated with the American Federation of Labor, admitting
to membership employees of the Company.
'III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees until such time as
the Union is certified by the Board.
A statement of a Field' Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial 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 Act.
IV. THE APPROPRIATE UNIT
The Union urges that all production and maintenance employees
of the Company, excluding office and clerical employees, executives,
and the night watchman, constitute a unit appropriate for the pur-
poses of collective bargaining. The Company did not take any posi-
tion with respect to the unit. Evidence introduced at the hearing
indicates that the employees claimed by the Union constitute a well-
defined homogeneous group.
We find that all production and maintenance employees of the
Company, excluding office and clerical employees, the night watchman,
executives, and all supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute a unit
appropriate 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 means of an election by secret ballot among
' The Field Examiner reported that the Union presented 18 authorization cards There
are about 21 employees in the appropriate unit.
F. H. AYER MANUFACTURING COMPANY 623
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.
The Company employs three high school students on a part-time
basis who work 18 hours per week. At the time of the hearing they
had been employed about 3 months. The record discloses that they
perform work similar to that performed by the regular production
employees. We conclude that these part-time employees are eligible to
vote in the election inasmuch as they work a sufficient number of hours
per week to give them a real interest in the selection of a bargaining
representative.
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 Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with F. H. Ayer Man-
ufacturing Company, Chicago Heights, 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, act-
ing in this matter as agent for the National Labor Relations Board,
and subject to Article III, Sections 10 and 11, 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 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 and have not been rehired or reinstated prior
to the date of the election, to determine whether or not they desire
to be represented by International Association of Machinists, Lodge
377, affiliated with the American Federation of Labor, for the pur-
poses of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.