Uchtorff Co.

National Labor Relations Board - Board Decisions

Mar 17, 1943

48 N.L.R.B. 245 (N.L.R.B. 1943)

In= the Matter of UCHTORFF COMPANY and INTERNATIONAL AssocIA;
TION OF MACHINISTS, DISTRICT 102, A. F. OF L.
Case No. R-4960.Decided March 17, 19.13
Jurisdiction : ordnance manufacturing industry.
Investigation and Certification of Representatives : existence of question : refusal
to recognize the union until certified by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees excluding clerical employees, supervisory employees, foremen, assist-
ant foremen, inspectors, janitors, employees 'having the authority to hire
and discharge, watchmen, and guards ; no controversy as to. ,
Mr. Ben T. Reidy, of Rock Island, Ill., for the Company.
Mr. John Schreier, of Davenport, Iowa, for the Union.
Mr. Louis Cokini, of counsel to "the Board.
DECISION
AND
DIRECTION OF ELECTION,
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Machin-
ists, District 102, A. F. of L., herein called the Union, alleging that
a question affecting commerce had arisen concerning the representa-
tion- of employees of Uchtorff Company, Davenport, Iowa, herein
called the Company, the National Labor Relations Board provided
.for an appropriate hearing upon due notice before Harry Brown-
stein, ,Trial. Examiner. , Said hearing was held at Davenport, Iowa,
on March 5, 1943.- 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. .
Upon the entire record in this case, the,Board makes, the following :
FINDINGS OF FACT-
I. THE BUSINESS OF THE COMPANY
Uchtorff Company-is an Iowa corporation with its principal':place
of busine`ss' a t ' Davenport,' Iowa,'wliere it is engaged in the manufac-
48 N. L. R. B., No. 29.
245
246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ture of shell cases, gun elevators, and sight cases. During 1942 the
Company purchased raw materials valued' at about $500,000, approx-
imately all of which was shipped to it from points outside the State
of Iowa. During the same period the Company sold,finished prod-
ucts, valued at about $1,000,000, approximately all of which ' was
shipped to points outside the State of Iowa.
'11. THE ORGANIZATION INVOLVED
International Association of, Machinists, District 102, 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 January 14, 1943, the Union, claiming to represent a majority
of the Company's employees, requested the Company to recognize it
as the exclusive representative of such employees. The Company
refused this' request until such time as the Union is certified by the
Board.
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 urges that all production and, maintenance employees
of the Company, excluding clerical employees, supervisory employees,
foremen; assistant foremen, inspectors, janitors, employees having
the authority to hire and discharge, watchmen, and guards, consti-
tute an appropriate unit. The Company took no position with re-
spect to the unit. Evidence introduced at the hearing indicates that
the employees claimed by the Union are closely related from a func-
tional standpoint.
We find that all production and maintenance employees of the
Company,, excluding clerical employees, supervisory employees, fore-
men, assistant foremen, inspectors, janitors, employees having the
authority to hire and discharge, watchmen, and guards, constitute
x The Regional Director reported that the Union presented 128 authorization cards bear-
ing,.apparently genuine signatures of- persons whose ;names appear ', on " the ' ^Comliany's
pay,,roll of February 13, 1943. The;e are approximately 206 employees in the -appropriate
unit.
UCHTORFF COMPANY 247
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.
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 Uchtorff Com-
pany, Davenport, Iowa, an election by secret ballot shall be conducted
as early as possible, but rmt later than thirty (30) days from the date
of this Direction, under the direction and supervision of the Regional
Director for the Eighteenth Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, Sec-
tion 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 any such 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, to determine
whether or not they desire to be represented by International Asso-
ciation of Machinists, District, 102, affiliated with the American Fed-
eration of Labor, for the purposes of collective bargaining.