Arthur Harris Co.

National Labor Relations Board - Board Decisions

Mar 30, 1943

48 N.L.R.B. 824 (N.L.R.B. 1943)

Sh
In the Matter of GEORGE C. HARRIS AND ARTHUR J. HARRIS, CO-PART-
NERS, DOING BUSINESS AS, ARTHUR HARRIS COMPANY and UNITED
AuTODIOBILE , AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA, LOCAL • 453, C. I. O.
Case No. R-4932.-Decided March 30, 19413
Jurisdiction : metal products manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord petitioner recognition ; election necessary.
Unit Appropriate for Collective Bargaining : all employees, excluding specific
categories of employees and several employees who were members of and
covered by contract with another organization.
Fyffe cC Clark, by Mr. Albert J. Smith, of Chicago, Ill., for the
Company.
Meyers & Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the
Union.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Automobile, Aircraft & Agri-
cultural Implement Workers of America, Local 453, affiliated with the
C. I. 0., herein called the Union, alleging ,that a question. affecting
commerce had arisen concerning the representation of employees of
George C. Harris and Arthur J. Harris, Co-partners, doing business as
-Arthur Harris Company, Chicago, Illinois, herein called the Company,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Robert E. Dickman, Trial Examiner. Said
hearing was held at Chicago, Illinois, on February 24, 1943. The
Company and the Union appeared, participated, 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.
48 N. L . R. B, No. 94.
824
ARTHUR HARRIS COMPANY . 825
Upon the entire record in the case, the Board makes the following:,
FINDINGS OF FACT.
1. THE'BUSINESS OF THE COMPANY
George,-C. Harris and Arthur J. Harris, Co-partners, doing busi-
ness as Arthur Harris Company, is a partnership with its only plant
and principal office at Chicago, Illinois, where it is engaged in the man-
ufacture of sheet metal work and bronze products. During the year
1942, the Company purchased raw materials, consisting of sheet metal
and bronze valued in, excess of $100,000, 50 percent of which ' was
shipped to the Company from points outside of the State of Illinois.
During the same period the Company's sales of finished products were
in excess of $150,000, 50 percent of which was shipped to points outside
of the State of Illinois: The Company admits that it is engaged in
commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Automobile, Aircraft & Agricultural Implement Workers of
America, Local 453, affiliated with the Congress of Industrial Organi-
zations, is a labor-organization admitting to, membership employees
of the Company. .
M. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that on or about January 25, 1943, a repre-
sentative of the Union orally requested recognition by the Company
for purposes of collective bargaining, but that on January 26, 1943,
the Company orally refused and still refuses to recognize the Union.
On February 17, 1943, the Union filed its petition.
A statement prepared by the Regional Director, introduced in evi-'
dente at 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 Act.
IV. THE APPROPRIATE UNIT
The Union requests, and the Company does not oppose, a unit
consisting of all the employees of the Company, excluding supervisory
i The Regional Director ' s statement shows that the Union submitted 23 membership
cards,,all of which bear apparently genuine original signatures , and 20 of which bear names
of persons whose names appear on the Company 's pay roll of February 6, 1943; the pay roll
contained the names of 33 persons in the appropriate unit. Sixteen of the cards were
dated in January 1943 and 4 cards were undated.
826 DECISIONS-OF NATIONAL LABOR RELATIONIS BOARD
employees, foremen, draftsmen and engineers, office clerical employees,
and watchmen.
The record indicates that several employees of the Company's sheet
metal department are members of the Sheet Metal Workers Interna-
tional Association, an affiliate of the A. F. of L., which was not served
with notice and did not participate in the hearing. It also indicates
that there is an existing agreement entered into by the Company and
the Sheet Metal Workers, approximately 5 years ago, covering these
employees. The Union would include them in the appropriate unit.
Since these employees appear to be covered by an existing contract.
we shall exclude them from the unit hereinafter found appropriate.
Accordingly, we find that all the employees of the Company, exclud-
ing supervisory employees, foremen, draftsmen and engineers, office
clerical employees, watchmen, and employees in the sheet metal depart-
ment covered by contract with the Sheet Metal Workers, 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 our Direction of Elec-
tion herein, subject to the•limitations and additions set forth in said
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 Re-
lations Act, and pursuant to Article III, Section 9, 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 George C. Harris
and Arthur J. Harris, Co-partners, doing business as Arthur Harris
Company, Chicago, Illinois, an election by secret ballot, shall be con-
ducted 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 10, of said Rules and Regulations, among the
employee's 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'
ARTHUR HARRIS COMPANY 827
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 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 United Automobile,
Aircraft & Agricultural Implement Workers of America,, Local 453,'
affiliated with the C . I. O., for the purposes of collective bargaining.