Bisbee Linseed Co.

National Labor Relations Board - Board Decisions

Sep 11, 1944

58 N.L.R.B. 190 (N.L.R.B. 1944)

'In the Matter of BISBEE LINSEED COMPANY and UNITED STEELWORKERS
OF AMERIOA, C. I. O.
Case No. 13 R-2504.-Decided September 11, 1944
Mayer, Mayer, Austrian cC Platt, by Mr. I.I. Templeton Brown, of
Chicago, Ill., for the Company. '
Mr. S. E. Perish, of Harvey, 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
Bisbee Linseed Company, Chicago Heights, Illinois, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Robert B. Rissman, Trial Ex-
aminer. Said hearing was held at Chicago, Illinois, on August 28,
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. 1HE BUSINESS OF THE COMPANY
Bisbee Linseed Company is a Delaware corporation with its princi-
pal place of business at Philadelphia, Pennsylvania. We are here con-
cerned with its plant at Chicago Heights, Illinois, where it is engaged
in the manufacture of linseed oil and cakes from flaxseed. During
July 1944 the Company purchased raw materials valued in excess of
58N.L R.B,No 38
190
BISBEE LINSEED COMPANY 191
$100,000 for use at its-Cliicago Heights plant, over 95 percent of-which
was shipped to it from points outside the State of Illinois. During
the same period the Company sold products from its Chicago Heights
plant valued in excess of $150,000, over 60 percent of which was ship-
ped 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 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
During July 1944, the Union requested the Company to recognize
it as the exclusive collective bargaining representative of the Com-
'pany's employees at the Chicago Heights plant. The Company refused
this request 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 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
«Te find, in substantial agreement with the parties, that all produc-
tion and maintenance employees at the Chicago Heights plant of the
Company, excluding engineers-guards, watchmen, the shipping clerk,
office employees, laboratory technician, superintendent, assistant super-
intendent, all foremen, and any other supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such ac-
tion, constitute a unit appropriate for the purposes of collective bar-
gaining, 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
1 The Field Examiner reported that the Union presented 43 membership application cards.
These are approximately 60 employees in the appiopiiate unit.
192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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.
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 Bisbee Linseed
Company, Chicago Heights, 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, 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 em-
ployees 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 any 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,
C. 1. 0., for the purposes of collective bargaining.