Twin Disc Clutch Co.

National Labor Relations Board - Board Decisions

Mar 17, 1945

60 N.L.R.B. 1294 (N.L.R.B. 1945)

In the Matter of TWIN Disc CLUTCI-I COMPANY and UNITED AUTOMO-
BILE , AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA,
C.I.O.
Case No. 13-R-2851.-Decided March 17, 1945
Mr. Gilbert E. Brach, of Racine, Wis., for the Company.
Mr. Harry Lehnert, of Rockford, Ill., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF '111E CASE
Upon petition duly filed by United Automobile, Aircraft & Agricul-
tural Implement Workers of America, C. 1. 0., herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Twin Disc Clutch Company, Rockford,
Illinois, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Benjamin B. Salvaty, Jr., Trial Examiner. Said hearing was held
at Rockford, Illinois, on February 14, 1945. 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 hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded 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
Twin Disc Clutch Company is a Wisconsin corporation operating a
plant at Rockford, Illinois, with which we are here concerned, where
it is engaged in the manufacture of industrial clutches. During 1944
the Company purchased raw materials for its Rockford plant valued
in excess of $500,000, approximately t0 percent of which was shipped
(;ON L R. B, No 221. -
1294
TWIN DISC CLUTCH COMPANY 1295
to it from points outside the State of Illinois. During the same
period' the, Company sold products from its Rockford plant valued
in excess of $500,000, about 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.
H. THE ORGANIZATION INVOLVED
United Automobile, Aircraft &- Agricultural Implement Workers
of America is a labor organization affiliated with the Congress of
Industrial Organizations, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 17, 1945, the Union requested the Company to recog-
nize it as the exclusive collective bargaining representative of the
employees at the Rockford plant. The Company refused this request.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substan-
tial 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, including inspectors, shipping and receiving room em-
ployees, toolroom employees, the truck driver, electrician, the janitors,
and watchmen, but excluding guards, test laboratory employees,
draftsmen, tool designers, timekeepers, superintendent, foremen,
stockroom employees, and firemen, constitute a unit appropriate for
the purposes of collective bargaining. The only controversy with
respect to the units concerns firemen. The Company would include
them in the unit.
The Company employs three firemen who fire the boilers, watch
steam pressure gauges, fill stokers, and help to unload coal. They are
paid on an hourly rate, are unlicensed, and report to the works man-
ager. These persons work as firemen during 8 months of each year
and during the remaining months two of them work as maintenance
employees. Under all the circumstances, we shall include the firemen
in the unit.
i The Field Examiner reported that the Union presented 103 authorization cards. There
are approximately 213 employees in the appropriate unit.
1296 DECISIONS OF,NArrTONAL LABOR iELATIONS BOARD
We find that all production and maintenance employees of, the
Company, including firemen, inspectors , shipping and receiving room
employees , toolroom employees , the truck driver , electrician , janitors,
and watchmen, but excluding office and clerical employees, guards,
test laboratory employees, draftsmen, tool designers, timekeepers,
stockroom employees, superintendent, foremen, and any other super-
visory employees with authority to hire, promote, discharge, disci-
pline, or otherwise effect changes in the status of employees , or effec-
tively 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 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 Union requests that it appear on the ballot as "United Auto
Workers, U. A. W.-C. I. 0." The request, is hereby granted.
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 represent-
atives for the purposes of collective bargaining with Twin Disc Clutch
Company, Rockford, Illinois, an election by secret ballot shall be con-
ducted as early as possible, but not later than sixty (60) days from the
date of this Direction, under the direction and supervision of the
Regional Director for the Thirteenth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
,IT, Sections 10 and 11, of said Rules and Regulations, among the em-
ployees 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 deter-
mine whether or not they desire to be represented by United Auto
Workers, U. A. W.-C: T.6., for the purposes of collective bargaining.