Crown Stove WorksDownload PDFNational Labor Relations Board - Board DecisionsSep 9, 194458 N.L.R.B. 148 (N.L.R.B. 1944) Copy Citation In the Matter of CROWN STOVE WORKS and AMALGAMATED LOCAL 453, INTERNATIONAL UNION, UNITED AUTOMOBILE , AIRCRAFT AND AGRI- CULTURAL IMPLEMENT WORKERS OF AMERICA , UAW-CIO Case No. 13-R-0565.Decided September 9, 19441 Fyffe & Clarke, by Mr. John Harrington, of Chicago, Ill., for the Company. Meyers d Meyers, by MMMr. H. E. Baker, of Chicago, Ill., and Mr. Sam. Marian, 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 Amalgamated Local 453, International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, UAW-CIO, herein called the Union, alleging that a question affecting commerce had arisen concerning the represen- tation of employees of Crown Stove Works, Cicero, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert T. Drake, Trial Examiner. Said hearing was held at Chicago, Illinois, on August 18, 1944. 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 on the issues. , 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 Crown Stove Works is an Illinois corporation with its principal place of business at Cicero, Illinois, where it is engaged in the manu- 58 N. L. R. B., No. 28. 148 CROWN STOVE WORKS 149 facture of stoves. During 1943 the Company purchased raw materials valued in excess of $50,000, over 75 percent of which was shipped to it from points outside the State of Illinois. During the same period the Company sold products valued in excess of $100,000, over 50 percent of which was shipped to points outside the State of Illinois. We find that the Company is engaged in commerce within the mean- ing of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Amalgamated Local 453, International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION During July 1944, the Union requested of the Company, recognition as the exclusive bargaining representative of its employees. The Company refused this request until such time as the Union is certified by the Board. A statement of a Field Examiner of the Board, introduced into evi- dence 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 National Labor Relations Act. IV. THE APPROPRIATE UNIT The Union urges that all production and maintenance employees of the Company, including watchmen and inspectors, but excluding office clerical employees, department heads, foremen, the shipping clerk, employees in charge of maintenance work and repairs of products, and any other supervisory employees with authority to hire, promote, dis- charge, 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. The only con- troversy with respect to the unit concerns watchmen. The Company would exclude them from the unit. The Company employs two watchmen who are neither militarized, armed, nor uniformed. They make regular rounds of the Company's premises and perform duties customarily performed by watchmen. Under the circumstances we shall include them in the unit 2 1The Field Examiner reported that the Union presented 43 authorization cards. There are approximately 75 employees in the appropriate unit. 2 Matter of North Carolina Finishing Co., 44 N. L. R. B. 681. 150 „DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that all production and maintenance employees of the Company, including watchmen and inspectors, but excluding office clerical employees, department heads, foremen, the shipping clerk, employees in charge of maintenance work and repairs of products, and any other supervisory employees with authority to hire, promote, dis- charge, 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. 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 herein, subject 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, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Crown Stove Works, Cicero, 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, Sec- tions 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 Di- rection, 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 pre- sent themselves in person at the polls, but excluding any who have since quit or been discharged for cause and have not been rehired or rein- stated prior to the date of the election, to determine whether or not they desire to be represented by Amalgamated Local 453, International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, affiliated with the Congress of Industrial Organ- izations, for the purposes of collective bargaining. 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