Anthony Co.

National Labor Relations Board - Board Decisions

Aug 6, 1943

51 N.L.R.B. 1084 (N.L.R.B. 1943)

In the Matter of ANTHONY COMPANY and INTERNATIONAL ASSOCIATION
OF MACHINISTS, LOCAL 1239
In the Matter Of ANTHONY COMPANY and UNITED BROTHERHOOD OF
CARPENTERS AND JOINERS OF AMERICA', LOCAL 1762, A. F. OF L.
Cases Nos. R-5679 and R-5680, respectively.-Decided August 6, 1933
Mr. Paul B. Heflin, of Streator, Ill., and Mr. F. H. Towner, of
Chicago, Ill., for the Company.
Mr. H. T. Elder, of Elmwood Park, Ill., for the I. A. M.
Mr. Harold F. Cheesman, of Alton, Ill., for the Carpenters.
Mr. Louis Cokin; of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon separate petitions duly filed by International Association of
Machinists, Local 1239, herein called the I. A. M., and United
Brotherhood of Carpenters and Joiners of America, Local 1762,
A. F. of L., herein called the Carpenters, alleging that questions
affecting commerce had arisen concerning the representation of em-
ployees of Anthony Company, Streator, Illinois, herein called the
Company, the National Labor Relations Board consolidated the cases
and provided for an appropriate hearing upon due notice before
Robert E. Ackerberg, Trial Examiner. Said hearing was held at
Streator, Illinois, on July 13, 1943. The Company, the I. A. M., and
the Carpenters appeared, participated, and were afforded full oppor-
tunity 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 :
51 N. L. R. B., No. 172.
1084
ANTHONY COMPANY
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
1085
Anthony Company is an Illinois corporation with its principal
'place of business at Streator , Illinois, where it is engaged in the
manufacture and sale of steel and wood bodies, hydraulic hoists, bomb
trailers, and bomb racks. During 1942 the Company purchased raw
materials valued at about $1,500,000, approximately 90 percent of
which was shipped to it from points outside the State of Illinois.
During the same period the 'Company sold finished products valued
in excess of $2,000j000, approximately 90 percent of which was shipped
to points outside the State of Illinois.'
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists, Local 1239, is a labor
organization admitting to membership employees of the Company.
United Brotherhood of Carpenters and Joiners of America, Local
1762, is a labor organization affiliated with the American Federation
of Labor, admitting to membership employees of the Company.
'III. THE ALLEGED APPROPRIATE UNITS
The I. A. M. urges that all production and maintenance employees
at Plant 1 of the Company, excluding supervisory, office and clerical
employees, constitute an appropriate unit. The Carpenters urges
that the same classes of employees at Plant 2 of the Company consti-
tute a separate unit. The Company urges that all production and
maintenance employees at Plants 1 and 2 constitute a single appropri-
ate unit, and requests that the petitions herein be 'dismissed.
The Company's operations originally comprised seven buildings'
known as Plant 1. In October 1942 the Company expanded its opera-
tions and leased a building, known as Plant 2, about 11/2 miles from
Plant 1. Plant 1 is principally engaged in the production of steel
automotive bodies, and Plant 2 is engaged in the production of wood
automotive bodies. Both plants have a common personnel office, 'and
the Company maintains a single seniority roster for the employees
in both plants. The plants also have common maintenance ,. pay-roll,
engineering, and time-study departments . The questions of wages,
hours, and working conditions are handled by a single office for
both plants.
When Plant 2 commenced operations approximately 50 employees
from Plant 1 were transferred to Plant 2 . Some of the types of
work performed in the 2 plants are somewhat different , and special
training is required for specific operations in both plants . However,
1086 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
approximately 25 percent of the man-hours expended in the press-
room of Plant 1 is devoted to fabrication of metal parts for use in
the operation of Plant 2. In turn, approximately 10 percent of the
man-hours expended in the mill department of Plant 2 is devoted
to producing wood parts used in the operation of Plant 1. There is
a considerable amount of interchange of fabricated raw materials
between the 2 plants and some interchange of personnel. There are
approximately 700 employees in Plant 1 and approximately 150
employees in Plant 2.' The record discloses that Plant 2 is operated
by the Company as a department of Plant 1, and that Plant 2 will be
liquidated at the completion of the present World War.
Under the circumstances, we find that an employer unit is the
appropriate unit in this case. We accordingly find that the units
sought to be established by the I. A. M. and the Carpenters are
inappropriate for the purposes of collective bargaining.'
IV. THE QUESTIONS CONCERNING REPRESENTATION
Since, as pointed out in Section III, above, the bargaining units
sought to be established by the I. A. M. and the Carpenters are
inappropriate for the purposes of collective bargaining with the
Company, we find that no questions have been raised concerning the
representation of employees of the Company, within the meaning
of Section 9 (c) of the National Labor Relations Act.
ORDER
Upon the basis of the above findings of fact, the National Labor
Relations Board hereby orders that the petitions for investigation
and certification of representatives filed by International Association
of Machinists, Local 1239, and United Brotherhood of Carpenters-
and Joiners of America, Local 1762, A. F. of L., of employees of
Anthony Company, Streator, Illinois, be, and they hereby are,
dismissed.
CHAIRMAN MiLias took no part in the consideration of the above
Decision and Order.
1 See Matter of Delco Radio Division of General Motors Corporation, 25 N. L. R. B. 698.