Automatic Screw Machine Products Co.

National Labor Relations Board - Board Decisions

Oct 26, 1945

64 N.L.R.B. 477 (N.L.R.B. 1945)

In the Matter of AUTOMATIC SCREW MACHINE PRODUCTS COMPANY and
UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORK-
ERS OF AMERICA, AMALGAMATED LOCAL 453, UAW-CIO
Case No. 13-B-3161.-Decided October ..26, 1945
Fyffe cf Clarke, by Mr. John Harrington, of Chicago, Ill., for the
Company.
Meyers cQ Meyers, by Mr. Ben Myers , of Chicago, Ill., for the Union.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Automobile, Aircraft & Agri-
cultural Implement Workers of America, Amalgamated Local 453,
UAW-CIO, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Automatic Screw Machine Products Company, Chicago, Illinois,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Benjamin B.
Salvaty, Trial Examiner. Said hearing was held at Chicago, Illinois,
on July 23, 1945. The Company and the Union appeared and partici-
pated. All parties were afforded full opportunity to be heard, to ex-
amine 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 an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. TIIE BUSINESS OF THE COMPANY
Automatic Screw Machine Products Company, an Illinois corpora-
tion, has its principal office and plant at Chicago, Illinois, where it is
engaged in the manufacture of hexagon nuts. The principal raw
64 N. L. R B, No 87.
477
478 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
material used by the Company is steel. During the year 1944, the Com-
pany purchased raw materials valued in excess of $100,000, of which
approximately 50 percent was obtained from points outside the State
of Illinois. During the same period, the Company's sales were in excess
of $200,000, of which approximately 50 percent represents products
shipped by the Company 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.
H. THE ORGANIZATION INVOLVED
United Automobile, Aircraft & Agricultural Implement Workers
of America, Amalgamated Local 453, UAW, affiliated with the Con-
gress of Industrial Organizations, is a labor organization admitting
to membership employees of the Company.
Ila. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees until the Union
has been certified by the Board in appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found 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 seeks a unit of all production and maintenance employees
of the Company including senior operators, shipping and receiving
clerks, set-up man, assistant foremen, and group leader, but excluding
office and clerical employees, foremen, and all other supervisory em-
ployees within the usual definition of the Board. The Company takes
no position with respect to the claimed appropriate unit, but is in gen-
eral agreement with the Union in respect to the specific inclusions and
exclusions therefrom. The only disagreement between the Company
and the Union concerns the question of including or excluding Wil-
liam Sharpe and Harley Gilbertson, whom the Company contends
perform the duties and exercise the authority of supervisory em-
ployees.
William Sharpe and Harley Gilbertson. Sharpe is in charge of
the steel room services, which provides employment for six or seven
2 The Board agent reported that the Union had submitted 34 membership cards, all of
which bore the names of persons appearing on the Company 's pay roll, which contained
the names of 41 employees in the claimed appropriate unit ; and that 30 of the cards were
dated June 1945 and 4 cards were undated.
AUTOMATIC SCREW MACHINE PRODUCTS COMPANY 479
employees. Although he is paid on an hourly basis and spends prac-
tically all his time in manual work, this employee reports directly to
the secretary of the Company in charge of the production depart-
ments and has the same authority to effectively recommend changes
of status for employees in his group, as the departmental foremen
whom both the Union and the Company agree are supervisory em-
ployees. Gilbertson is in charge of the inspection and plating depart-
ment which includes two other employees. Like Sharpe, Gilbertson is
paid on an hourly basis and works most of the time with the employees
in his department. However, it is undisputed that his authority is
equal to that of Sharpe and includes the right to discipline or to
recommend the discharge of employees who work under him. More-
over, he has, on at least two occasions, made recommendations which
have resulted in the discharge of employees under his supervision.
We find that both Sharpe and Gilbertson are supervisory employees
within the meaning of our usual definition; accordingly, we shall ex-
clude them from the unit hereinafter found appropriate.
We find that all production and maintenance employees of the
Automatic Screw Machine Products Company, Chicago, Illinois, in-
cluding senior operators,2 shipping and receiving clerks, set-up man,3
assistant foremen,' and group leader,5 but excluding office and clerical
employees, foremen,6 and all other supervisory employees with au-
thority to hire, promote, discharge, 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.
The Company employs four or five employees who work regularly
4 hours a day from Monday through Friday and a full day on Sat-
urdays. They consist largely of students who work part time for
the Company during the school year and full time during summer
vacations. All such employees have substantially the same working
conditions as full-time employees. In certain instances, members of
2 William Kasmir, Joseph Micnerski and Albert Micek.
3 Raymond Krska ( secondary operations department).
4 Steve Kinsley ( tool department ), and william Glover ( steel room services).
° Irene Dobrik ( secondary operations department).
° Edward Polek ( tool department), and James Fiala ( secondary operations department).
7 Among the employees excluded as falling within the above supervisory definition are
William Sharpe and Harley Gilbertson.
480 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
this group have become permanent employees of the Company upon
the completion of their school training. The Company urges that
these part-time employees be deemed ineligible to vote while the
Union contends to the contrary. Employees who do sufficient work
to give them an interest in the conditions of employment also have
a sufficient interest in the outcome to entitle them to vote in an elec-
tion. In view of the substantial amount of work regularly performed
by the part-time employees herein concerned and the retisonable ex-
pectations of such workers with respect to future full-time employ-
ment, we find that they have sufficient interest in the present election
to entitle them to a voice in the choice of a bargaining representative.
We find, therefore, that the part-time employees hereinabove referred
to are eligible to vote in the election s
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 Rela-
tions 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 Automatic Screw
Machine Products 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
supervision of the Regional Director for the Thirteenth Region, act-
ing in this matter as agent for the National Labor Relations Board,
and subject to Article III, Sections 10 and 11, of said Rules and Regu-
lations, among the employees in the unit found appropriate in Section
1V, above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including regular part-time
employees and employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, and includ-
ing 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 Automobile, Aircraft &
Agricultural Implement Workers of America, Amalgamated Local
453, UAW-CIO, for the purposes of collective bargaining.
Mn GERARD D. REI[,LY took no part in the consideration of the above
Decision and Direction of Election.
9 See Matter of Ken-Rail Tube & Lamp Corporation, 56 N L R B 1050; Matter of Na-
tional Lock Company, 61 N L. R B. 1366.
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