Crane Co.

National Labor Relations Board - Board Decisions

Dec 23, 1940

28 N.L.R.B. 756 (N.L.R.B. 1940)

In the Matter Of CRANE COMPANY and SHIPPING, RECEIVING CLERKS,
AND ASSISTANTS UNION, LOCAL 21648, AFFILIATED WITH THE AMER-
ICAN FEDERATION OF LABOR - -
Case No. R-2174.-Decided December 23, 194d'
Jurisdiction : plumbing supply manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition to union ; election necessary. -
Unit Appropriate for Collective Bargaining : hourly paid employees in a depart-'
ment of the Company's plant excluding office clerks and supervisory employees:
Pope & Ballard, by Mr. Merrill Shepard, of Chicago, Ill„ for the
Company. I -
Mr. Joseph A. Briegel, Mr. Joseph Bernstein, and Mr. Thomas J.
Kelroy, of Chicago, Ill., for the Union.
Mr. Eugene M. Purver, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 13 and 25, 1940, Shipping, Receiving Clerks, and
Assistants Union, Local 21648, affiliated with the American Federa-
tion of Labor, herein called the Union, filed with the Regional Direc-
tor for the Thirteenth Region (Chicago, Illinois) a petition and an
amended petition, respectively, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Crane Company, Chicago, Illinois, herein called the Company, and
requesting an investigation and certification of representatives pur-
suant to'Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On November 19, 1940, the National Labor
Relations Board, herein called the Board, acting pursuant to Section
9 (c) of the Act and Article III, Section 3, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, ordered an
investigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice.
On November 22, 1940, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
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756
CRANE COMPANY 757
upon the Union. Pursuant to notice, a hearing was held on Decem-
ber 2,1940, in Chicago, Illinois, before Charles F. McErlean, the Trial
Examiner duly designated by the Board. The Company was repre-
sented by counsel and the Union by its representatives; all participated
in the hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing upon the issues,
was afforded all parties. During the course of the hearing the Triai;
Examiner denied an application by the Company for a subpena requir-
ing the Union to "produce the signed applications or authorizations
alleged to have been made and submitted to" it by certain of the Com-
pany's employees. During the course of the hearing the Trial Ex-
aminer made numerous other rulings on motions and on objections
to the admission of evidence. The Board has reviewed the rulings of
the Trial Examiner and finds that no prejudicial errors were com-
mitted. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Crane Company is an Illinois corporation having its principal
office and place of business in Chicago, Illinois. The Company is
engaged in the manufacture, distribution, and sale of valves and
fittings for industrial use, various fittings for the plumbing trade,
certain related products and specialties, such as pumps, miscellaneous
cast iron enamel ware, and vitreous china and porcelain plumbing
fixtures. In the manufacture of its products at its Chicago plant the
company annually uses materials valued in excess of $1,000,000, more
than 50 per cent of which, in terms of value, are obtained by the Com-
pany from outside the State of Illinois. Of the products of the
Company, manufactured at its Chicago plant, and valued in excess
of $1,000,000 annually, more than 50 per cent, in terms of value, are
sold or shipped by the Company to points located outside the State
of Illinois.
II. THE ORGANIZATION INVOLVED
Shipping, Receiving Clerks, and Assistants Union, Local 21048;
affiliated with the American Federation of Labor, is a labor organiza-
tion admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Between May 1940 and the time of the filing of the petition herein
the Union requested the Company to bargain collectively with it as
the representative of employees in Department 9 of the Company's
758 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
plant, its Shipping Department. Because of doubts as to the Union's
representation of a majority of employees within an appropriate
unit, the Company refused to bargain with it.
From a statement made by the Trial Examiner at the hearing,
following his examination of a number of Union membership appli-
cations, it appears that the Union represents a substantial number of
the employees in the unit hereinbelow found to be appropriate for
the purposes of collective bargaining.'
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company,
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union claims that the hourly paid employees in Department 9
of the Company's plant at Chicago, Illinois, excluding office clerks
and supervisory employees,' constitute a unit appropriate for the pur-
poses of collective bargaining. The Company made no specific objec-
tion to such a unit. Although a larger unit than is here sought by the
Union might reasonably be considered appropriate for the purposes of
collective bargaining, no one is here seeking to represent employees of
the Company outside Department 9. We do not believe that the em-
ployees in Department 9 should be denied the right to bargain collec-
tively merely for this reason. -Our finding herein as to unit, however,
is no bar to a later determination at another stage of self-organization
among the Company's employees, consistent with a change in the status
of such self-organization. We find that the hourly paid employees in
Department 9 of the Company's plant at Chicago, Illinois, excluding
office clerks and supervisory employees, constitute a unit appropriate
for the purposes of collective bargaining and that said unit will insure
1 The Trial Examiner stated that he had examined 64 membership application cards pre-
sented to him by the Union ; that they were all dated in either May, June , or July 1940;
and that all appeared to bear genuine , original signatures . The Trial Examiner was un-
able to compare the names on these cards with those on the Company 's pay roll , because
of the ' Company ' s refusal to produce its pay roll . There are approximately 196 employees
within the unit found below to be appropiiate. -
It appears that there are approximately 12 hourly paid office clerks in Department 9,
and four hourly paid assistant foremen.
CRANE COMPANY 759
to employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate the
policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning representation
can best be resolved by an election by secret ballot. - At the hearing the
Union requested that eligibility to vote in the election should be deter-
mined as of May 1, 1940. We see no reason for not following our
usual practice and shall direct that those eligible to vote in the election
shall be the employees in the appropriate unit who were employed by
the Company during the pay-roll period immediately preceding the
date of our Direction of Election, including employees who did not
work during said pay-roll period because they were ill or on vacation
and those who were then or have since been temporarily laid off, but
excluding those who have since quit or been discharged for cause.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Crane Company, Chicago, Illinois, within
the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act.
2. The hourly paid employees in Department 9 of the Company's
plant at Chicago, Illinois, excluding office clerks and supervisory em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the Act.
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,
49 Stat. 449, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board to
ascertain representatives for the purposes of collective bargaining with
Crane 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 of Election, under the direction and super-
vision of the Regional Director for the Thirteenth Region, acting in
this matter as agent for the National Labor Relations Board and sub-
ject to Article III, Section 9, of said Rules and Regulations, among the
hourly paid employees in Department 9 of the Chicago, Illinois, plant
760 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of Crane Company who were employed by it during the pay-roll period
immediately preceding the date of this Direction, including employees
who did not work during that pay-roll period because they were ill or
on vacation and those who were then or have since been temporarily
laid off, but excluding office clerks, supervisory employees, and those
who have since quit or been discharged for cause, to determine whether
or not they desire to be represented by Shipping, Receiving Clerks, and
Assistants Union, Local 21648, affiliated with the American Federation
of Labor, for the purposes of collective bargaining.
CHAIRMAN HARRY A. Mriais took no part in the consideration of
the above Decision and Direction of Election.