Associated Spring Corp.

National Labor Relations Board - Board Decisions

Nov 28, 1944

59 N.L.R.B. 598 (N.L.R.B. 1944)

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.