Charles E. Reed & Co.

National Labor Relations Board - Board Decisions

Jan 5, 1944

54 N.L.R.B. 322 (N.L.R.B. 1944)

In the Matter of CHARLES E. REED & Co. and INTERNATIONAL ASSOCIA-
TION OF MACHINISTS , DISTRICT 8, AFFILIATED WITH THE A. F. OF L.
Case No. 13-R-2135.Decided Jamraary 5, 1944
Fyffe & Clarke , by Mr. John Harrington,,of Chicago , Ill., for the
Company.
Messrs. P. L. Siemiller and Russell R. Oddo, of Chicago , Ill., for
the Union.
Mr. Robert E. Tiliman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Machin-
ists, District 8, affiliated with the A. F. of L., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Charles E. Reed & Co., herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before George S. Freudenthal, Jr., Trial Examiner.
Said hearing was held at Chicago, Illinois, on November 23, 1943.
The Company and the Union appeared, participated, and were af-
forded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. The rulings
of the Trial Examiner 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
I. THE BUSINESS OF THE COMPANY
Charles E. Reed & Co., an Illinois corporation, operates a machine
shop in Chicago, Illinois. During the first 10 months of the year
1943 the value of the Company's products was in excess of $100,000,
of which approximately 35 percent was shipped to firms outside the
54 N. L. R. B., No. 40.
322
CHARLES E. REED & CO. 323
State of Illinois. During the same period the Company purchased
raw materials having a value in excess of $40,000 from warehouses
within the State of Illinois. More than 50 percent of such raw ma-
terials was originally purchased outside the State of Illinois by the
Company's suppliers. The Company admits that it is engaged in
commerce within the meaning of the Act.
H. THE ORGANIZATION INVOLVED
International Association of Machinists, District 8, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
III. THE QUESTION OONCERNING REPRESENTATION
By letter dated October 25, 1943, the Union notified the Company
of its claim to represent a majority of the Company's employees and
requested recognition as their exclusive bargaining representative.
By letter dated October 28, 1943, the Company informed the Union
that it would refuse to grant- such recognition unless and until the
Union should be certified by the Board.
A statement of the Regional Director, introduced into evidence 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
The Union petitions for a unit of all 'production and maintenance
workers, excluding guards, office clerical employees, and supervisory
employees with the power to hire, discharge, or otherwise affect the
status of employees, or effectively recommend such action. The Com-
pany has no objections to this proposed unit. The Union contends
that Thomas J. Murphy should be excluded from the unit as a super-
visory employee and that Thomas McKiernan should be included as
a production employee. The Company takes no position as to Murphy
and agrees that McKiernan should be in the production and
maintenance unit.
Thomas J. Murphy appears on the pay roll as the only employee
under the classification "maintenance." His duties include the main-
tenance and repair of machines and heating equipment. He is not
' The Regional Director stated that the Union had submitted to him 28 application-for-
mPmhership cards, all bearing apparently genuine original signatures ; and that 27 of the
cards bore names of persons whose names appeared on the Company 's November 12, 1943,
pay roll, which listed 31 employees in the unit hereinafter found to be appropriate.
324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
engaged in production except when, on occasion, he instructs new
employees as to the operation of machines. Although not regularly
in charge of a group of employees, Murphy has the power to hire and
discharge, and when needed, acts in the capacity of foreman over the
day or night shift. Other than Murphy, there are only two persons in
the plant possessing supervisory powers, namely, the president and the
plant superintendent. - We find that Murphy is clearly a supervisory
employee, and we shall exclude him from the unit as such.
Thomas McKiernan is one of three employees of the Company who
are sworn into the auxiliary army police, the other two being Murphy,
above, and a third employee who is a full-time guard. McKiernan is
employed from 90 to 95 percent of his working time as a turret lathe
operator, a production job. He is not uniformed but carries arms
when acting in a guard capacity during the remainder of his working
time. We find that McKiernan's major employment is in the capacity
of a production employee and that, 'in such capacity, he has a suf-
ficiently substantial interest in the selection of a collective bargaining
representative for the production and maintenance employees, to war-
rant his inclusion in the unit hereinafter found to be appropriate.
We do not regard the fact that he is employed as a militarized guard
a very minor portion of the time as,an adequate reason to deny him
the right to representation-in his capacity as a production and main-
tenance employee. We shall include him in the unit.
We find that all production and maintenance workers employed by
the Company, including Thomas McKiernan, but excluding guards,
office clerical employees, foremen, and other supervisory employees
with authority 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 col-
lective 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 the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of our Direction of Elec-
tion herein, subject to the limitations and additions set forth therein.
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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, it is hereby
CHARLES E. REED & CO. 325
DIRECTED that, as part of the investigation to ascertain represen-
tatives for the purposes of collective bargaining with Charles E.
Reed & Co., 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, 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 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 va-
cation 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 dis-
charged 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 represeiited^by, Internat'ioiial 'Association of Machinists, Dis-
trict 8, A. F. of L.,2 for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.
2 The Union expressed a preference at the hearing that its name appear on the ballot
as set forth in the Direction of Election.