Cullen-Friestedt Co.

National Labor Relations Board - Board Decisions

Feb 10, 1943

47 N.L.R.B. 415 (N.L.R.B. 1943)

In the Matter of CULLEN-FRIESTEDT,Co. and CONGRESS OF INDUSTRIAL
ORGANIZATIONS
Case No. R-11819.-Decided Februarij 10, 1943
Jurisdiction : machinery manufacturing industry.
Investigation and Certification of Representatives : existence of question : stipu-
lation that Company refused to accord petitioner recognition until certified
by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees at one of Company 's plants , excluding office and clerical employees,
supervisory employees having the right to hire and discharge , guards, drafts-
men, and engineers ; stipulation as to.
Mr. Leon A. Rosell, for the Board.
Fyffe cC Clarke, by Mr. Albert J. Smith, of Chicago, Ill., for the
Company.
Mr. Francis J. Michel, of Chicago, Ill., for the Union.
Miss Ml oriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
4
STAITDIENT OF THE CASE p
Upon petition duly filed by Congress of Industrial Organizations,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees' of Cullen-
Friestedt Co., Chicago, Illinois, herein called the Company, the Na-
tional' Labor Relations Board provided for an appropriate hearing
upon due notice before William Strong, Trial Examiner. Said hearing
was held at Chicago, Illinois, on January 27, 1943. The Company
and the Union appeared, participated, and were afforded full oppor-
tunity 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.
47 N L R B, No 56.
415
416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS or FACT
1. THE BUSINESS OF THE COMPANY
Cullen-Friestedt Co., an Illinois corporation , with its principal office
at Chicago , Illinois , is engaged in the manufacture of cranes , welding
positioners , and other related machinery . More than 50 percent of the
raw materials used by the Company at its Chicago, Illinois ,_ plant con-
sists of steel products shipped from points outside the State of Illi-
nois. During 1942 the Company sold manufactured products of the
value of $1,008 ,000, of which approximately 75 percent was shipped
from the plant to points outside the State of Illinois. The Company's.
entire production is demoted to war work.
The Company admits that it is engaged in commerce ' within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Congress of Industrial Organizations is a labor organization ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTiATION
The parties stipulated at the hearing that on or about December 28,
1942, a committee representing the employees of the Company requested
recognition on behalf of the Union and the Company refused unless
and until the Union is duly certified as sole bargaining agency by
the Board.
A statement of the Regional Director, introduced iii evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found 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
We find, in accordance with the stipulation of the parties, that all
production and maintenance employees of the Company at its Chicago,
Illinois, plant, excluding all office and clerical employees, supervisory
employees having the right to hire and discharge, guards, draftsmen,
and engineers, constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
i The Regional Director reported that the Union had submitted 50 designations , of which
37, all bearing apparently genuine signatures , correspond iNith names on the Company's
pay roll of January 23, 1943, containing a total of 67 names within the appropriate unit.
CULLEN-FRIESTEDT CO.
V. THE DETERMINATION OF REPRESENTATIVES
417
We shall direct that the question concerning representation which
leas 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,
.subject to the limitations and additions set forth-iii 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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Cullen-Friestedt
-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 of Election, under the direction and su`liervislon 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, Section 10, of said Rules and Regulations, among all employees
of the Company ill 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 dur-
ing said pay-roll period because they were ill or on vacation or tempor-
arily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
,;'_uding any who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Congress of
Industrial Organizations for the purposes of collective bargaining.
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