Chicago Rivet & Machine Co.

National Labor Relations Board - Board Decisions

Aug 24, 1944

57 N.L.R.B. 1583 (N.L.R.B. 1944)

In )the Matter Of; CHICAGO • RIVET -& MACHINE.SCOMPANY and UNITED
FARM EQUIPMENT & METAL WORKERS OF AMERICA, C. I. O.
Case No. 13--R-2509.-Decided August 2'4, 1944
Mr. Frank B. Gilmer, of Chicago, Ill,, for the Company.
Meyers d Meyers, by Messrs. Ben Meyers and Hart Baker, of Chi-'
cago, Ill., and 'Mr. R. Behnke, of Chicago, Ill., for ,the CIO.
Mr. P. L. Siemiller, of Chicago, Ill., for the AFL:
Mr. Paul Bisgyer, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Farm Equipment & Metal
Workers of America, C. I. O., herein called the CIO; alleging that a
question affecting commerce had arisen concerning the representation
of employees of Chicago Rivet & Machine Company, Bellwood, Illi-
nois, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Francis.
X. Helgesen, Trial Examiner. Said hearing was held at Chicago,
Illinois, on July 24, 1944. The Company, the CIO, and International
Association of Machinists, District No. 8, A. F. of L., herein called the
AFL, appeared and participated. All parties were afforded full op-
portunity to be heard, to examine and, cross-examine witnesses, and
to' introduce evidence bearing on the issues. 'The CIO moved that '
the employees named in an unfair labor practice charge against the
Company filed prior to the hearing,' and any employees named in any
amended charge that might subsequently be filed prior to the election,
be authorized to vote and their ballots be impounded. The Trial
Examiner referred this motion to the Board for determination. For
reasons appearing hereinafter, the motion is granted. The Trial
Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed. All parties were afforded an oppor-'
tunity, to file briefs with the Board.
Upon t11e'entir'e,record in,tlie case, the Board makes the following:
113-0-2438.
57 N. L. R. B., No. 259.
1583
1584 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Chicago Rivet & Machine Company is an Illinois corporation en-
gaged in the manufacture of war materials at its plant in Bellwood,
Illinois. During the year 1943, the Company purchased for,use in
its in processes raw materials valued in excess of $50,000,
of which more than 30 percent calve from outside the state of Illinois.
For the same period of time, its finished products exceeded $100,000,
in value, of which more than 85 percent 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.
H. THE ORGANIZATIONS INVOLVED
-United Farm Equipment & Metal Workers of America, affiliated
with the Congress of Industrial Organizations,, and International
Association of Machinists, District No. 8, affiliated with the American
Federation of Labor, are labor organizations admitting to member-
ship employees, of,the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that the CIO, on June 13,'1944, notified the
!Company by letter that it represented a majority of the Company's
employees in an' alleged appropriate unit and requested recognition.
,as exclusive bargaining agent, and that the Company declined to recog-
nize the CIO asserting that it was bound by an existing contract' with
the AFL 2 I
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the CIO represents 'a 'substantial number of eln'-
ployees in the unit hereinafter found appropriate.3
We find that a' question afYecting commerce has arisen concerning
the representation of employees 'of th'e` Company, within the meaning
of Section 9 (c) and1Seetion 2'-(6) 'and (7) of the Act.
IV. THE APPROPRIATE UNIT
With the exception of, a dispute: as to the inclusion -or exclusion: of
the ;employees of,the shipping .department, the parties are in substan7
2 The contract by its terms became effective July 15, 1943, and expired on July 14, 1944.
8The Field'Examiner- reported that the CIO' submitted 121 authorization cards bearing
the names of persons listed on the Company' s pay roll of June 23, 1944 , which contained
the names of 267 employees in the appropriate unit.
CHICAGO RIVET & MACHINE COMPANY 1 585
tial agreement regarding the appropriate unit. The CIO requests a
unit comprised of all production and maintenance employees, includ-
ing shipping department employees,' but excluding all clerical em-
ployees, watchmen,- engineering and drafting department employees,
departmental foremen, shipping department supervisors and all other
supervisory. personnel. The AFL and the Company would exclude
,the employees of the shipping department from the unit. It appears
that all the Company's operations are carried on in a single building
and all merchandise is shipped out of the plant from its shipping room.
It also appears that the interests of the shipping department employ-
ees are closely allied with the interests of the production and mainte-
nance employees. We shall, therefore, include them in the unit.5
We,find that all production and maintenance employees of the Com-
pany, including shipping department employees, but excluding all
clerical employees, watchmen, engineering and drafting department
employees, departmental foremen, shipping department supervisors,
and all other supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
V. TIIE DETERMINATION OF REPRESENTATIVES
There is pending-before the Board a proceeding upon charges filed
by the CIO alleging that the Company engaged in unfair labor prac-
tices, in discriminatorily discharging two employees. The CIO how-
ever, desires an early election and formally waived the right to protest
an election in this case on the basis of the subject matter of the unfair'
labor practice charges. In the instant proceeding, the CIO requests
that the employees named in the charge or any amended charge which
should subsequently be filed prior to the election, be authorized to vote
at the election and that their ballots be impounded and not tabulated
unless the results of the election make it necessary to do so. The em-
ployees in question shall be permitted to cast their ballots in the elec-
tion. However, their ballots shall be impounded and we shall defer
ruling as to their validity, pending disposition of the unfair labor'
practice charges. In the event the Company is hereafter found to
have engaged in unfair labor practices in discharging the said em-
ployees and the Board orders their reinstatement, their continuing
employee status will have been established.,'
4 However, as will hereinafter be discussed, the CIO seeks to limit eligibility to vote
among the shipping department employees to regular full-time employees.
6 Matter of Buffalo Arms Corporation , 46 N L . R. B 1176
Matter of Century Ordnance Division of Century Engineering Corp, 51 N L R B 412
601248-45-vol 57-101
1586 'DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 the Direction of Election
herein, subject to the limitations and additions set forth in the Direc-
tion,
The Company employs in the shipping department a number 'of,high
school students and other persons on a regular part-tinge basis. Their
duties and working conditions are the same as regular full-time em-
ployees. The CIO urges that they be' declared ineligible to vote. The
AFL urges that, if the Board includes the employees of,the shipping
department in the unit, then all employees, both regular full-time and
part-time,,be allowed to vote. The Board has held in similar cases
that regular part-tine employees have sufficient interest'in the out-
come of a bargaining election to entitle them to vote. Accordingly, we
shall permit the regular part-time employees in the shipping depart-
ment•to participate in the election 7
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 Chicago Rivet &
Machine Company, Bellwood, 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 fdr 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, aboye,,who were,
employed during the pay-roll period immediately preceding the date
of this Direction, including regular part-time employees in the ship-
ping department, the employees alleged to have been discriminatorily
discharged and employees who did not work during the 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 discharged for cause, and have not been
rehired or, reinstated prior to the date' of the, election, ,to, determine
a Matter of Phillips Petroleum Company, 57 N L. R. B 163.
CHICAGO RIVET & ,MACHINE COMPANY 1587
whether they desire to- be represented by' United Farm Equipment &
Metal Workers of America, C. 1. 0., or by International Association of
Machinists, District No. 8, A. F. of L., for the purposes of collective
bargaining, or by neither. I
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of,Election.