Aladdin Industries, Inc.

National Labor Relations Board - Board Decisions

Sep 4, 1944

58 N.L.R.B. 34 (N.L.R.B. 1944)

In the Matter of ALADDIN INDUSTRIES, INC. and AMERICAN FLINT GLAss
WORKERS UNION OF NORTH AMERICA, AFFILIATED WITH THE AMERI-
CAN FEDERATION OF LABOR
Case No. 9-R-1406.-Decided September 4,1944
Mr. W. H. F. Miller, of WTaynesville, N. C., for the Company.
Mr. Harry F. Burgess, of Alexandria, Ind., for the Glass Workers.
Mr. Walter. Bennett, of Kokomo, Ind., for the Metal Polishers.
Mr. D. L. Zinn, of Indianapolis, Ind., for the U. E.
Mr. Ben Grodsky, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by American Flint Glass Workers Union
of North America, affiliated with the American Federation of Labor,
herein called the Glass Workers, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Aladdin Industries, Inc., herein called the Company, the National
Labor Relations Board provided for an appropriate- hearing upon
due notice before James A. Shaw, Trial Examiner. Said hearing
was held at Alexandria, Indiana, on August 2, 1944. The Company,
the Glass Workers, Metal Polishers, Buffers, Platers and Helpers In-
ternational Union, Local No. 52, herein called the Metal Polishers, and
United Electrical, Radio and Machine Workers of America, C. I. O.,
herein called the U. E., appeared and participated. All parties 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 an oppor-
tunity 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
Aladdin Industries, Inc., is an Illinois corporation having its prin-
cipal office and place of business in Chicago, Illinois, and operating its
58 N. L. R. B., No. 7. -
34
ALADDIN INDUSTRIES, INC. 35
plant at Alexandria, Indiana. The Company is engaged in the busi-
ness of manufacturing and selling mantle lamps, electric lamps, lamp
accessories, lamp shades, vacuum bottles, and vacuum jars. The prin-
cipal raw materials used by the Company are white metal, brass, sili-
cate sand, cotton, silk thread, ramie yarn, felspar, and chlorium nitrate.
During the year 1943 the Company purchased raw materials for use
at its Alexandria plant valued in excess of $100,000, over 65 percent
of which was shipped to it from points outside the State of Indiana.
During the same period the Company manufactured products at its
Alexandria plant valued in excess of $100,000, over 70 percent of
which was shipped to points outside the State of Indiana.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
American Flint Glass Workers Union of North America, affiliated
with the American Federation of Labor, is a labor organization
admitting to membership employees of the Company.
Metal Polishers, Buffers, Platers and Helpers International Union
Local No. 52, affiliated with the American Federation of Labor, is a
labor organization admitting to membership employees of the
Company.
United Electrical, Radio and Machine Workers-of America, C. I. O.,
affiliated with the Congress of Industrial Organizations, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 29, 1944, the Glass Workers informed the Company that
it represented certain of the Company's employees at the Alexandria,
Indiana, plant, and requested recognition as their exclusive bargaining
agent. On April 1, 1944, the Company advised the Glass Workers
that "if you represent a suitable unit we will agree to holding a repre-
sentative election by National Labor Relations Board to determine
bargaining rights." Subsequently the Glass Workers filed the peti-
tion in the instant proceeding.
A statement of a Board Field Examiner, introduced into evidence
at the hearing, indicates that the Glass Workers represents a sub-
stantial number of employees in the unit which it claims to be
appropriate.'-
'The Field Examiner reported that the Glass workers submitted 105 authorization
cards, 98 of which bore the names of persona appearing on the Company's pay roll of
April 14, 1944 , which contained the names of 322 employees in the alleged appropriate unit.
36 DECISIONS OF NATIONAL- LABOR RELATIONS BOARD
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 Glass Workers contends that all production and maintenancf^
employees of the Company employed at its Alexandria, Indiana,
plant, including factory clerks,2 but excluding foremen, assistant fore-
men, supervisors, office clerical employees, watchmen, employees work-
ing regularly in departments 4, 5, 30, and 31,3 and employees in depart-
ments 15, 16, and 17,4 comprise an appropriate unit. In addition,
the Glass Workers has no objection to the inclusion of the draftsman
and the tool and die designer.
Although the U. E. agrees generally with the Glass Workers' posi-
tion, it would include office clerical employees and watchmen. It also,
takes a positive position with reference to the draftsman and the tool
and die designer, seeking their inclusion. The Company takes no posi-
tion with respect to the appropriate unit, but indicates that the drafts-
man and the tool and die designer are technical employees.
Office clerical employees: The office clerical employees work under
the supervision of an office manager in the office, which is physically
separated from the rest of the plant. There is nothing to distinguish
this group from the usual type of clerical employee, nor is it demon-
strated that they have a close community of interest with the produc-
tion and maintenance workers. We shall exclude the office clerical,
employees in accordance with our usual practicer,
Watchmen: The record discloses that the Company employs three
full-time watchmen and a substitute. The full-time watchmen are-
deputy marshals of the town of Aladdin, having been deputized by
the chief marshal of Aladdin who is also the Company's personnel
manager. They wear uniforms furnished by the Company while on
duty, and two of the three carry firearms furnished by the Company.
Their duties require them to observe other employees while at work,,
and to report infractions of company rules to the proper authorities..
and that the cards were dated as follows : 1 in January 1944; 86 in March 1944; and 11,
in April 1944.
The U. E . submitted 80 cards , of which 78 bore the names of persons appearing on"
the aforesaid pay roll. The cards were dated as follows : 1 in February 1944; 62 in.
March 1944 ; and 15 in April 1944.
2 The record discloses that there are three factory clerks
8 As the result of a consent election held under the auspices of the Board about February
18, 1944, the U. E. is the present representative of employees working regularly in depart-
ments 4, 5, 30 , and 31. Matter of Aladdin Industries , Inc, Case No . 9-R-1345.
4 The Metal Polishers , currently representing the employees in departments 15, 16, and'
17 by virtue of a written collective agreement entered into with the Company on March,
13, 1941, appeared in this proceeding for the sole purpose of excluding such employees
from any unit found by the Board to be appropriate.
5 Matter of Sharp and Dohnae, Inc ., 56 N. L. R. B. 1471
ALADDIN INDUSTRIES, INC. 37
They have also made arrests of employees in the plant for such crimes
as theft. We shall exclude watchmen from the unit.6
The draftsman and the tool and die designer: These two employees
work in a room separate from the production employees. They are
technical personnel and, as such, their skill, training, and duties are
essentially different from those of the production and maintenance
employees. We shall exclude these employees.?
The Company, without comment, calls attention to certain employees,
concerning whom neither labor organization takes a position. These
are the factory nurse, a production chemist, and an experimental
employee. It is clear from the record that the production chemist
and the experimental employee are technical employees. The prob-
lems arising from the nature of their N ork and the work of the factory
nurse are dissimilar from those of the production and maintenance
workers. Accordingly, we shall exclude these employees.,,
We find that all production and maintenance employees of the Com-
pany employed at its Alexandria, Indiana, plant, including factory
clerks, but excluding office clerical employees, watchmen, the drafts-
man, the tool and die'designer, the factory nurse, the production chem-
ist, and the experimental employee, employees working regularly in
departments 4, 5, 30, and 31, and employees in departments 15, 16,
and 17, foremen, assistant foremen, supervisors, and all supervisory
employees with authority to hire, promote, 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 an election by secret ballot among the em-
ployees 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.
At the hearing the Company raised a question regarding the eligi-
bility of certain part-time employees to vote at the election. These
employees work for other employers in the locality on a full-time basis,
but they work regularly for the Company 4 or more hours per day.
Neither of the contending unions raised any objection to the eligibility
6 See Matter of American Armament Corporation , 43 N. L R B 834.
° See Matter of Commercial Solvents Corp , 45 N. L R B 141
8 Excluding nurses : Matter of Canon Mfg Corporation, 46 N. L. R. B. 592 ; chemists :
Matter of Indian Refining Co , 44 N. L R. B 774 ; experimental employees . Matter of John
Deere Harvester Works, 44 N L R. B. 335.
38 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of these employees. In our opinion these employees perform a suffi-
cient amount of work similar to that performed by the other employees
in the unit to give them a substantial interest in the conditions of
employment in the Company's plant. We therefore find that they are
eligible to vote.9
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 Relations
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 Aladdin Indus-
tries, Inc., Alexandria, Indiana, 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 Ninth Region, acting 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 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 dur-
ing 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 those employees who have since quit or been dis-
charged for cause and have not been rehired or reinstated prior to the
date of the election, to determine whether they desire to be represented
by American Flint Glass Workers Union of North America, affiliated
with the American Federation of Labor, or by United Electrical, Radio
and Machine Workers of America, affiliated with the Congress of
Industrial Organizations,- for the purposes of collective bargaining,
or by neither.
9 Matter of Grays Harbor Pre-Fab Company, 52 N L. R B 799.