Associated Spring Corp.Download PDFNational Labor Relations Board - Board DecisionsNov 28, 194459 N.L.R.B. 598 (N.L.R.B. 1944) Copy Citation In the Matter of ASSOCIATED SPRING CORPORATION (THE WILLIAM D. GIBSON Co., A DIVISION ) and UNITED STEELWORKERS OF AMERICA, C. I. O. Case No. 13-R-20694.-Decided November 28, 1944 Fyffe & Clarke by Mr. John Harrington, of Chicago, Ill., for the Company. Messrs. Harry N. Harper and Jess Gonzales, of Chicago, Ill., for the Union. ' Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed . by United Steelworkers of America, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Associated Spring Corporation (The William D. Gibson Co., a division), Chicago, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before John H. Hill, Trial Examiner. Said hearing was held at Chicago, Illinois, orr October 31, 1944. 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. 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 Associated Spring Corporation is a Delaware corporation. It operates a plant at Chicago, Illinois, known as The William D. Gibson Co., Division of Associated Spring Corporation, where it is engaged 59 N. L. R. B., No. 117. 598 ASSOCIATED SPRING CORPORATION 599 in the manufacture of springs, wire forms, and stampings. During 1943 the Company purchased raw materials valued in excess of $100,000, approximately 75 percent of which was shipped to it from points outside the State of Illinois. During the same period the Company sold products valued in excess of $200,000, over 95 percent of which was shipped to points outside 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 Steelworkers of America, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to member- ship employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive col- lective bargaining representative of its employees until such time as the Union is certified by the Board. A statement of a Field Examiner of the Board, introduced into evi- dence at the hearing, indicates that the Union represents a substantial number of the employees in the unit hereinafter found to be appro- priate.' 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 urges that all production and maintenance employees at the Chicago plant of the Company, excluding office and clerical em- ployees in the general office, expediters, chief tool designer, draftsman, nurse, general manager, factory manager, assistant factory manager, general foremen, chief engineer, chief electrician, head millwright, chief shipping clerk, head of laboratory, foremen, and assistant fore- men, constitute an appropriate bargaining unit. The record indicates that there is some question as to whether the timekeepers, shop clerks, and guards should be included in or excluded from the unit. The Company employs nine shop clerks who are paid on an hourly rate and carried on the factory pay roll. The record discloses that although their work is primarily of a clerical nature, they work in the 'The Field Examiner reported that the Union presented 325 membership application cards. There are approximately 632 employees in the appropriate unit. 600 DECISIONS OF NATIONAL LABOR RELATIONS BOARD plant and assist the various foremen. We shall include the shop clerks, in the unit. The Company employs six persons classified as timekeepers. They are considered by the Company to be part of its general office staff and are generally carried on the office pay roll. They perform only clerical functions. We shall exclude them from the unit. The Company carries on its pay roll persons classified as watchmen or 'guards. Although they were formerly sworn as auxiliary military police, they have been demilitarized. At the present time they per- form duties normally performed by watchmen. We shall include them in the unit. We find that all production and maintenance employees at the Chi- cago plant of the Company, including watchmen or guards and shop. clerks, but excluding office and clerical employees in the general office, expediters, draftsman, nurse, timekeepers, chief tool designer, general manager, factory manager, assistant factory manager, general fore- men, chief engineer, chief electrician, head millwright, chief shipping clerk, head of laboratory, foremen, assistant foremen, and any other supervisory employees with authority to hire, promote, discharge, dis- cipline, or otherwise effect changes in the status of employees, or effec- tively 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 find that the question concerning representation which has arisen can best be resolved- by means of an election by secret ballot. The Union urges that a pay roll as Qf the date of its petition be used to deter- mine eligibility to vote. Since no persuasive reason appears as to why' we should depart from our usual practice, we shall direct that thoser eligible to vote shall be 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 addi- tions 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 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 Associated Spring Corporation (The William D. Gibson Co., a division), Chicago, Illi- ASSOCIATED SPRING CORPORATION 601 nois, 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 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 Regulations, among the employees of the Company 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 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 at the polls, but excluding those employees 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 represented by United Steelworkers of America, affiliated with the C. I. 0., for the purposes of collective bargaining. Copy with citationCopy as parenthetical citation