Chicago Metal Manufacturing Co.

National Labor Relations Board - Board Decisions

May 27, 1943

49 N.L.R.B. 1198 (N.L.R.B. 1943)

In the Matter of CHICAGO METAL MANUFACTURING COMPANY and
UNITED ELECTRICAL , RADIO & MACHINE WORKERS OF AMERICA,
C. I. O.
Case No. R-6290.-Decided May 27,1943
Mr. N. N. Stone, of Chicago, Ill., for the Company.
Mr. Louis Torre, of Chicago, Ill., for the Union.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
7
Upon petition duly filed by United Electrical, Radio & Machine
Workers of America, C. I. 0., herein called the Union, alleging that
,a question affecting commerce had arisen concerning the represen-
tation of employees of Chicago Metal Manufacturing Company,
Chicago, Illinois, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Russell Packard, Trial Examiner. Said hearing was held at
Chicago, Illinois, on May 5, 1943. 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 upon the issues.
At the commencement of the hearing, the Trial Examiner denied a
motion to intervene filed by Independent Sheet Metal Workers,
herein called the Independent. J n -a previous unfair labor practice
proceeding in which the Company and the Independent were parties,
'the Board found the latter to be company-dominated and ordered it
to be disestablished, and its contract with the Company to be set
aside.', The Company stated, at the hearing, that it had not com-
plied with the Board's Order, and that it was the intention of the
Company to file a petition for review of the Board's Order. The
Independent contends that, pending judicial enforcement of the
Board's Order of disestablishment, it has an interest in this proceed-
x Matter of Chicago Metal Manufacturing Company and United Electrical, Radio & Ma-
chine Workers of Amersea , affiliated with the Congress of Industrial Organizations and
Independent Sheet Metal Worket s, Pat ty to the Contract , 48 N. L. R. B 370.
49 N. L. R. B, No. 175.
1198
0
CHICAGO METAL MANUFACTURINIG COMPANY '1199
ing because of its membership of employees of the Company, and
because of its contract with the Company. The contention is without
merit .2 The Trial Examiner's denial of the motion to intervene is
hereby affirmed.
During the hearing, the Company moved to dismiss the petition on
the grounds that this proceeding is premature, since there has been
no judicial enforcement of the Board's Order of disestablishment, and
that its contract with the Independent is a bar to a determination
of representatives. The Trial Examiner reserved ruling. The mo-
tion is hereby denied. All other rulings of the Trial` Examiner made
at the hearing are free from prejudicial error and are hereby affirmed.,
On May 13, 1943, the- Company filed a brief which the Board has
considered. On the same date, the Independent filed Suggestions
and Argument for Leave to Intervene, and Request for Oral Argu-
ment, which the Board has considered. The request for oral argument
is hereby denied.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Chicago Metal Manufacturing Company, an Illinois corporation,
is engaged in Chicago, Illinois, in the manufacture, sale, and distri-
bution of metal stampings and sheet metal products. During the
first 6 months of 1942, the Company purchased raw material valued
at $150,000, of which 25 percent in value was shipped from points
outside the State of Illinois. During the same period, the Company
manufactured finished products of which $75,000 worth 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
United Electrical, Radio & Machine Workers of America, C. I. 0.,
is a labor organization affiliated with the Congress of Industrial Or-
ganizations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On September 2, 1942, the Company and the Independent entered
into a collective bargaining contract, which by its terms will expire
in September 1943. As heretofore stated, the Company contends that
this contract is a bar to a determination of representatives. Since we-
2 Matter of John A. Roebhng's Sons Company and Steel Workers Organ izi ng Committee,
Locals 2110 and 2111 , affiliated with the C. I. 0., 31'N L. R. B. 160 Cf . Matter of Beth-
lehem Steel Corporation, Bethlehem Steel Company , and South Buffalo Railway Co. and
Steel Workers Organizing Committee , Local Union 102¢, C. I. 0., 30 N. L R. B. 1006
1200 DECISSONis OF NATIOTTAL,LABOOR RELATIONS, BOIAittb
have found that the Independent is a company-dominated organiza-
tion and have ordered the Company to give no effect to its 'contract
with the Independent, the contract is no bar to a determination of
representatives.
On or about February 23, 1943, the Union requested the Company
to accord it recognition as the exclusive collective bargaining repre-
sentative of the Company's employees. The Company refused to
recognize the Union until it is certified by the Board.
A statement prepared by the Regional Director, introduced in evi-
dence at the hearing, indicates that,the Union represents a substantial
number of employees in the unit hereinafter found appropriate.3
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 Company and the Union agree that all employees, of the Com-
pany, excluding executives, supervisors, foremmen, assistant foremen,
guards, technical and clerical employees, constitute an appropriate
unit. The Company contends, however, that timekeepers should be
excluded from the unit on the grounds that they are clerical em-
ployees,4 and that -they have access to confidential information con-
cerning pay rates and estimates; whereas the Union would include
them- on the ground that they "work in the shop."
The Company employs four timekeepers, one of whom, James
Duffy, both the Union and the Company desire to exclude. The
principal duties of the timekeepers consist -of recording on a card
specifically made for that-purpose the starting time and the com-
pletion time of each job of an operator, and the number of pieces
or operations he performed during that period. This work is done
in the production shop, where there is a desk for their use.' At the'
,end of the day, or the beginning of the next day, these time cards
-'The Regional Director reported that the Union submitted 155 designations, healing
apparently genuine signatures of which 138 were dated in February, March, and April
1942 , and February and March 1943, and 17 were undated . The Company refused to sub-
mit a pay roll It appears from tb^e record that there are approximately 1 90 employees in
the appropriate unit
Counsel for the Company objected to the introduction of the Regional Director's state-
ment on the grounds that the statement has no probative value, and that the designations
were not submitted to the Company for examination The Trial Examiner overruled the
objection We have heretofore affirmed the rulings of the Trial Examiner and we find that
the Company's contentions are without'merit. As we have frequently stated, the report
of a Board agent with respect to a claim of authorization for the purposes of representa-
tion is taken, not as proof,of the precise number of employees who desire to be repre-
sented by a labor organization, but rather to protect the Company and the Board from
unfounded claims by such organizations and to gi\e reasonable assurance that a substan-
tial number of employees desire to be so represented See Matter of Interlake Iron Cor-
poration and Local Union 1657, Steel Workers Organizing Committee, 38 N. L . R. B 139.
+ Timekeepers were also excluded from the contract between the Company and the Inde-
pendent on the basis that they were clerical employees
CHICAGO METAL MANUFACTURING COMPANY. 1201
are sorted by the timekeeper!' and turned in to the office. They also
give minor first aid treatment; once a month they may help out in
the filing room on a Saturday morning; and once a month one or two
of them may file confidential blueprints that have been returned to
the office from the production departments. None of these employees
participates in production work. We conclude that the timekeepers'
are clerical employees, and we shall, therefore, exclude them from
the unit.
We find that all employees of the Company, excluding executives,
supervisors, foremen, assistant foremen, guards, technical and clerical
employees, and tiuzekeepers, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section 9 (b)
of the Act.
V. 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
Election herein, subject to the limitations and additions set forth in
said 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 Re-
-lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2,, as amended, it is
hereby _
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with, Chicago Metal
Manufacturing 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, Section 10, 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 ^vho 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, to determine whether or not they desire to be represented
by United Electrical, Radio & Machine Workers of America," C. I. 0.,
for the purposes of collective' bargaining. 11