Armstrong-Blum Manufacturing Co.

National Labor Relations Board - Board Decisions

Sep 28, 1942

44 N.L.R.B. 566 (N.L.R.B. 1942)

In the Matter of ARMSTRONG -BLUM MANUFACTURING COMPANY and
UNITED ELECTRICAL , RADIO AND MACHINE WORKERS OF AMERICA,
LOCAL 1114, C. I. O.
Case No. R-427.t.-Decided September 28, 19.12
Jurisdiction : machinery manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition; election necesary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, including working foremen and janitors, but excluding superintend-
ents, non-working foremen, supervisors, office and clerical employees, and
plant guards.
Fyffe ct Clarke, by Alir. Albert J. Smith, of Chicago, Ill., for the
Company.
Mr. E. V. Roose, of Chicago, Ill., for the Union.
Mr. Lowis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by,United Electrical, Radio and Machine
Workers of America, Local 1114, C. I. 0., herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Armstrong-Blum 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 September 9, 1942. The Company
and the Union 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.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Armstrong-Blum Manufacturing Company is an Illinois corpora-
tion with its principal place of business at Chicago, Illinois, where
it is engaged, in the, manufacture and sale of automatic high speed
44 N. L. R. B., No. 104.
566
ARMSTRONG -BLUM MANUFACTURING COMPANY 567
saws, metal band-sawing machines, hack sawing machines, drill press
vises, rod cutters, shears, and punches. During the first 6 months
of 1942, the Company purchased raw materials valued in excess of
$100,000, approximately 25 percent of which was shipped to it from
outside Illinois. During the same period the Company sold finished
products valued in excess of $200,000, approximately 90 percent of
which was shipped out of Illinois.
H. THE ORGANIZATION INVOLVED
United. Electrical, Radio and Machine Workers of America, Local
1114, is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.
Ill. THE QUESTION CONCERNING REPRESENTATION
On August 14, 1942, the Union, requested the Company to recognize
it as the exclusive representative of the Company's 'employees. The
Company denied this request stating that it doubted the Union's claim
of a majority.
A statement of the Regional Director, introduced into evidence dur-
ing the hearing, indicates that the Union represents a substantial
number of the 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, including working foremen and janitors, but exclud-
ing superintendents, not -working' foremen, supervisors, office and
clerical employees, and plant guards, constitute an appropriate unit.
The only controversy with respect to the unit concerns 13 alleged non-
working foremen.
The Company employees 13 persons designated. by it as working
foremen. The Union urges that all such employees be excluded from
the unit and the Company that they be included. The persons in
dispute receive a higher rate of pay, than the other employees and
.recommend the hire and discharge of their subordinates. It appears
that they have from 2 to 20 employees under them and from 1 to'3
group leaders. Under all the circumstances, we find that such persons
are supervisors and should be excluded from the unit.
'The Regional Director reported that the Union presented 127 membership application
cards bearing apparently genuine signatures of persons whose names appear on 'the Com-
pany's pay roll of August 26, 1942. There are approximately 273 employees in the unit
hereinafter found to be appropriate.
568 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that all production and maintenance employees of the
Company, including working foremen and janitors , but excluding
superintendents , non-working foremen, supervisors , office and clerical
employees , and plant guards , constitute a unit appropriate for the
puurposes of collective bargaining , within the meaning of Section q (b)
of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot. The Union urges
that a pay roll as of the date of the hearing be used to determine
,eligibility to vote. The Company contends that a current pay roll
should be used for that purpose. In accordance with our usual cus-
tom, we shall direct that the employees eligible to vote in the election
shall be those 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 8, of National Labor Relations
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 Armstrong-Blum
Manufacturing Company, Chicago, Illinois , an election by secret bal-
lot 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 Thirteenth Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Section 9, 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 in the active military service or training of the United States, or
temporarily laid off, but excluding any who have since quit or- been
discharged for cause, to determine whether or not they desire to be
represented by United Electrical , Radio and Machine Workers of
America; Local 1114, affiliated with the Congress of Industrial Organ-
izations , for the puropses of collective bargaining.
MR. WNr . M. LEISERSON took no part in the consideration of the above
Decision and-Direction of Election.