Argus Manufacturing Co.

National Labor Relations Board - Board Decisions

Sep 25, 1945

63 N.L.R.B. 1159 (N.L.R.B. 1945)

In the Matter of ARGUS MANUFACTURING COMPANY and INTERNATIONAL
ASSOCIATION OF MACHINISTS, DIE AND TOOL MAKERS LODGE 113,
A. F. OF L.
Case No. 13-R-3108.-Decided September 25, 1945
Fyffe c Clarke , by Dlr. Johan Harrington , of Chicago, Ill., for the
Company.
Mr. E. J. Reid, of Chicago, Ill., for the Union.
Mr. John E . Lawyer, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Association of Machin-
ists, Die and Tool Makers Lodge 113, A. F. of L., herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Argus Manufacturing Com-
pany, Chicago, Illinois, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Robert T. Drake, Trial Examiner. Said hearing was held at
Chicago, Illinois, on June 30, 1945. The Company and the Union
appeared at and participated in the hearing, and 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 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
Argus Manufacturing Company is an Illinois corporation presently
engaged in the manufacture of parts for radar equipment at its only
plant in Chicago, Illinois. During the past year the Company pur-
63 N. L. R. B., No. 177.
1159
1160 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
chased raw materials, comprised chiefly of ferrous and non-ferrous
metals, valued in excess of $100,000, more than 50 percent of which
was purchased outside the State of Illinois. During the same period
the Company's-sales of finished products were valued in excess of
$200,000, all of which went to the armed forces and were shipped
eventually to points outside the State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Association of Machinists, Die and Tool Makers-
Lodge 113, is a labor organization affiliated with the American Fed-
eration of Labor, admitting to membership employees of the Company..
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col
lective bargaining representative of the employees involved herein.
until such time as it has been certified by the Board.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a substan-
tial number of employees in the unit hereinafter found to be appro-
priate.1
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 seeks a unit consisting of all employees of the toolroom
department, including tool makers, apprentice tool makers, the tool-
crib attendant and the jig-boring operator, but excluding production
lathe hands, machine repairmen, the foreman and all other super-
visory employees. The Company wishes the Board to pass upon the-
appropriateness of the unit sought, but indicates that, in. its view, the
tool-crib attendant should not be included.
The tool makers, their apprentices, and the jig-boring operator, who
is in fact a tool maker, comprise a highly skilled group of employees
performing specialized functions. The tool-crib attendant, however,
-has none of the skills of these employees, and is engaged in entirely
different work. He tales care of tools used in production as well as
in the toolroom department itself, and keeps inventory records. His
'The Field Examiner reported that the Union presented 8 application cards and that
there are 12 employees in the unit alleged appropriate
ARGUS MANUFACTURING COMPANY 1161
pay is half that of the tool makers . We are of the opinion that the-
employees sought to be represented by the Union , with the exception
of the tool -crib attendant , constitute an appropriate unit.'
We find that all employees of the toolroom department of the Com-
pany, including tool makers , apprentice tool makers , and the jig-boring-
operator but excluding production lathe hands, machine repairmen,
the tool-crib attendant , the foreman and all other supervisory em-
ployees having the authority to hire, discharge , promote, 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 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 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Argus Manu-
facturing Company, Chicago, Illinois, 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 super-
vision of the Regional Director for the Thirteenth 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 Regula
tions, among the employees in the unit found appropriate in Section,
IV, above, who were employed during the pay-roll period immedi-
ately 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
2 See Matter of Banco , Incorporated , 61 N. L R. B. 1174; Matter of Western Electric
Company, Incorporated , 61 N. L R. B. 974.
1162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 determine whether or not they desire to be repre-
sented by International Association of Machinists, Die and Tool
Makers Lodge 113, A. F. of L., for the purposes of collective
bargaining.
CHAIRMAN HERZOC took no part in the consideration of the above
Decision and Direction of Election.