Autopoint Co.

National Labor Relations Board - Board Decisions

May 28, 1946

68 N.L.R.B. 395 (N.L.R.B. 1946)

In the Matter of AUTOPOINT COMPANY and INTERNATIONAL MOLDERS
AND FOUNDRY WORKERS UNION, LOCAL 223, A. F. OF L.
Case No. 13-R-3494.-Decided May 28, 1946
Mr. John D. Cook, Jr., of Chicago, Ill., for the Company.
Messrs. George Gratz and Joseph Sharp, both of Chicago, Ill., for
the Union.
Mr. Herbert J. Nester, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Molders and Foundry
Workers Union, Local 233, A. F. of L., herein called the Union, alleg-
ing that a question affecting commerce had arisen concerning the rep-
resentation of employees of Autopoint Company, Chicago, Illinois,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before William O.
Murdock, Trial Examiner. The hearing was held at Chicago, Illinois,
on April 11, 1946. The Company and the Union appeared and partici-
pated. All parties were afforded full opportunity to be heard, to exam-
ine 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
Autopoint Company is an Illinois corporation having its office and
plant in Chicago , Illinois, where it is engaged in the manufacture of
mechanical pencils. During the calendar year of 1945, the Company pur-
chased raw materials consisting of metals, plastics, leads, erasers, and
68 N. L. R B, No. 47.
395
396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
allied materials valued in excess of $100,000 , over 50 percent of which
originated from sources outside the State of Illinois . During the same
period the Company manufactured finished products valued in excess of
$100,000, over 50 percent of which was sold and shipped to points out-
side the State of Illinois.
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Molders and Foundry Workers Union, Local 233, is a
labor organization, affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hearing,
indicates that the Union represents a substantial number of employees
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 urges as appropriate a unit consisting of all employees
of the Company in the molding department, excluding office and clerical
employees, foremen, assistant foremen, and all other supervisory em-
ployees. The Company opposes the unit sought by the Union, and con-
tends that a plant-wide production and maintenance unit should be
established.
The record discloses that the molding department is 1 of 15 separate
departments in the plant. There are approximately 17 employees in this
department ; their duties consist chiefly of operating various types of
molding machines and presses, utilized in the manufacture of plastic
barrels, tips and caps for mechanical pencils. The department is phys-
ically segregated from the remainder of the plant; it is under separate
supervision from the other departments; there is no permanent inter-
1 The Field Examiner reported that the Union submitted 19 cards bearing the names of 13
employees listed on the Company's pay roll.
There are approximately 17 employees in the appropriate unit.
AUTOPOINT COMPANY 397
departmental transfer of employees; and the operations performed by
the molders are semi-skilled in nature. Moreover, the Union has limited
its organizational activities to the molding department. In view of the
foregoing, it is our opinion that the employees of the molding depart-
ment are a distinct and homogeneous group which, at this time, may
constitute a separate unit for collective bargaining purposes.2
We find that all employees of the molding department, excluding office
and clerical employees, foremen, assistant foremen, and all or any other
supervisory employees with authority to hire, promote, discharge, disci-
pline, 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 shall direct that the question concerning representation which has
arisen be resolved by an election by secret ballot among employees in the
appropriate unit who were employed during the pay-roll period immedi-
ately preceding the date of the Direction of Election herein, subject to
the limitations and additions set forth in the Direction.
DIRECTION OF ELECTION
By virfue 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 representatives
for the purposes of collective bargaining with Autopoint Company, Chi-
cago, 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 Di-
rection, 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 employees in the unit found ap-
propriate in Section IV, above, who were employed during the pay-roll
period immediately preceding the date of this Direction, including em-
ployees 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
See Matter of Gaylord Bros., Inc., 64 N. L. R. B. 1350, and cases cited therein.
398 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 rep-
resented by International Molders and Foundry Workers Union, Local
233, A. F. of L., for the purposes of collective bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.