The Van Brunt Mfg. Co.

National Labor Relations Board - Board Decisions

Jan 16, 1943

46 N.L.R.B. 1181 (N.L.R.B. 1943)

t I
in the Matter of THE VAN BRUNT MFG. COMPANY and FEDERAL LABOR
UNION No. 23223 (A. F. L.)
Case No. B-4441
SUPPLEMENTAL DECISION
AND
AMENDED DIRECTION OF ELECTION
January 16, 1943
On November 17, 1942 , the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election 1 in the
above-entitled proceeding . On November 28, 1942, the petitioner in
the original proceeding , Federal Labor Union No. 23223 (A. F. L.),
herein called the Union , filed a motion for a further hearing and a
stay of election pending said further hearing . On December 4, 1942,
the Board issued an order granting the motion, and on December 23,
1942, pursuant to said order , a further hearing was held at Horicon,
Wisconsin, before Clarence A. Meter, Trial Examiner . The Van
Brunt . Mfg. Company , herein called the, Company , and the Union
appeared , participated , 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 further hearing are free from prejudicial error and are hereby
affirmed.
Upon the entire record in the case, the Board'makes the following:
SUPPLEMENTAL FINDINGS OF FACT
In the Decision and Direction of Election, referred to above, the
Board found ineligible to vote a number of employees who had been
laid off' as a' result of a governmental order curtailing production, on
the ground that • said employees did not have a sufficient expectancy
of reemployment to entitle them to vote as employees temporarily
laid off.
However, since the date of the first hearing at which time the Com-
pany had only 75 employees on its pay roll, the governmental order
1 45 N. L R. B. 634.
46 N. L. R. B., No. 142.
1181
r
1182 •DEICISIONS OF NATION1AL LABOR RELATIONS BOARD
limiting the Company's production was relaxed, and the Company has
rehired a large number of employees. Thus, at the time of the further
hearing, the Company had reemployed 159 persons, 157 of whom are
employees who had been laid off, and in the next few -,weeks, the Com-
pany expects to rehire an additional.35, continuing its policy of pre-
ferring former employees. The Company stated that only 35 laid-off
employees are "not likely to be rehired," but declared that these em-
ployees will also be given preference for future jobs, provided they are
qualified. The average seniority of the laid-off employees is approxi-
mately.15 years, and, when recalled, they retain this seniority as well
as their former clock numbers.
Since the evidence adduced at the further hearing shows that the
employees laid off as a result of curtailed operations have a substan-
tial expectancy of reemployment, we find that all such employees are
entitled to vote as employees temporarily laid 'off. Accordingly, our
Direction of Election of November 1.7, 1942, is hereby vacated and we
shall direct that the persons eligible to vote shall be those in the unit
found appropriate in the Decision of November 17, 1942, who were
employed during the pay-roll period immediately preceding the date
of the Amended Direction of Election herein, including employees
temporarily laid off, subject to the limitations and additions set forth
in the-Amended Direction.
AMENDED 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 2, as amended, it is
hereby
DIRECTED that, as •part of the investigation to ascertain representa-
tives for the purposes' of collective bargaining with The Van Brunt
Mfg. Company, Horicon, Wisconsin, 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 Twelfth 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 of the Decision
and Direction of Election, who were employed during the pay-roll
period immediately preceding the date of the Amended Direction
herein, 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
THE VAN BRUNT MFG. COMPANY 1183
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 Federal Labor Union No. 23223,
affiliated with, the American Federation of Labor, for the purposes of
collective bargaining.