Chicago Die Mold Mfg. Co.

National Labor Relations Board - Board Decisions

Jun 15, 1944

56 N.L.R.B. 1398 (N.L.R.B. 1944)

i
In the Matter of E. A. PETERSEN , D/B/A CHICAGO DIE MOLD MFG. CO.
and UAW-AFL AMALGAMATED LOCAL 286
'Case No. 13-R-2460.=Decided June 15, 1944
Mr. Marion G.'IKudlick, of Chicago, Ill., for the Company.
Messrs. Angelo Meiso and Frank Potarnann, 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 UAW-AFL Amalgamated Local 286,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of E. A. Peter-
sen, d/b/a Chicago Die Mold Mfg. Co., Chicago, Illinois, herein-
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before George S. Freuden-
thal,, Jr., Trial Examiner. Said hearing was held at-Chicago, Illi-
nois on May 19,1944. The Company and the Union appeared, partici-
pated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues. During the course of the hearing the Company moved to
dismiss the "petition. The Trial Examiner reserved ruling thereon.
The motion ,is hereby denied. 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
E. A. Petersen, d/b/a.Chicago Die Mold Mfg. Co., is engaged it
the manufacture of molded plastic products at Chicago, Illinois.
During 1943 the Company purchased raw materials valued at about
56 N. L . R. B., No. 250.
1398 ,
' . CHICAGO DIE MOLD MFG. CO. 1399.
$235,000, approximately 65 percent of which was shipped to it from
• points outside the State of Illinois. During the same period the
Company manufactured products valued in excess of $1,000,000, ap-
proximately 35 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
UAW-AFL Amalgamated Local 286 is a labor organization affil-
iated with the American Federation of Labor, admitting to member
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the' Union as the exclusive'
bargaining representative of its employees.
On March 27, 1944, a consent election was held among the em-
ployees of the Company resulting in 78 votes being cast against the
Union and 46 for the, Union. Thereafter, the Regional Director
found that the Company had interfered with The conduct of the
election and set it aside. On May 12, 1944, the Union filed its peti-
tion herein. The Company contends that no election should be held
because of the ,Union's defeat in the election of March 2, 1944. Inas-
much as the election. on March 2, 1944, was set aside because of the
Company's interference therewith we find the Company's position`
to be untenable.
We find that the Union represents a substantial number of em-
ployees of the Company inasmuch as 46 employees voted for it on
March 2, 1944. There are approximately 142 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
I
We find, in substantial 'agreement with the parties, that all pro-
duction and maintenance employees of the company, -excluding
clerical employees, guards, foremen, subforemen, chief shipping clerk,
and any 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 collective bargaining, within the
meaning of Section 9 (b) of the,Act.
1400 DECISIONS • OF NATIONAL LABOR RELATIONS BOARD
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 hereinsubject 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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with E. A. Petersen,
d/b/a Chicago Die Mold Mfg. 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 Rela-
tions 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 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 re-
hired or reinstated prior to, the date of the election, to determine
whether or not they desire to be represented by UAW-AFL Amalga-
mated Local 286, for the purposes of collective bargaining.
r