Dreis & Krump Manufacturing Co.

National Labor Relations Board - Board Decisions

Apr 9, 1943

48 N.L.R.B. 1035 (N.L.R.B. 1943)

In the Matter of DREIS & KRUMP MANUFACTURING COMPANY and IN-
TERNATIONAL ASSOCIATION' OF MACHINISTS, DISTRI4r No., 8, AFFIISATED
WITH THE A. F. OF L.
Case No. R-5036.-Decided April 9,194.3
Jurisdiction ': machinery manufacturing industry.
Investigation and Certification of Representatives : existence of question: refusal
to accord petitioner recognition ; election necessary.
Unit Appropriate for Collective Bargaining : all employees excluding executives,
superintendents, foremen, assistant foremen, supervisory employees, office
employees, cost department employees, engineering department employeesy
truck drivers, and armed guards.
Mr. Sidney J. Hess, Jr., of Chicago, Ill., for the Company.
Mr. Daniel D. Carmell, of Chicago, Ill., for the A. F. L.
Messrs. Louis Torre end John T. Bernard, of Chicago, Ill., for, the
C. I. O.
Mr. Wallace E. Royster, of counsel to the Board.
DECISION -
AND
DIRECTION OF ELECTION
SATEMENT OF THE CASE -
Upon a petition duly filed by International Association of Machin-
ists, District No. 8, affiliated with the A. F. of L., herein called the
A. IF. L., alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Dreis & Krump Manufac-
turing Company, Chicago, Illinois', herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before William W. Ward, Trial Examiner. Said
hearing was held March 2-92,1943, in Chicago, Illinois. The Company,
the A. F. L., and United. Electrical, Radio & Machine Workers of
America, affiliated with the C. 1. 0., herein called the C. 1. 0., appeared,
participated, and were afforded ,full opportunity to be heard, to
examine and cross-examine witnesses, and to, introduce evidence bear-
ing on the issues. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
48 N. L. R. B, No. 125.
1035
1036 DECISIONS OF NATIONAL LABOR RELATION BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY,
Dreis & Krump Manufacturing Company, an Illinois -corporation,
has its main office and only plant in Chicago, Illinois, where it is en-
gaged in the manufacture of tools, dies, power brakes, and other
machinery. The principal raw materials used by the Company, are
steel and aluminum. During 1942, the Company used raw materials
valued in excess of $500,000, of, which approximately 20 percent was
shipped to the Company from points outside Illinois. During the
same period, the Company manufactured finished products valued in
excess of $500,000, of which approximately 90 percent was shipped
by the Company to points outside Illinois.
The Company concedes for the purpose of this proceeding that it is
engaged in commerce within, the meaning of the National Labor
Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists, District No. 8, , affiliated
with the American Federation of Labor, is a labor organization ad-
mitting to membership employees of the Company.
United Electrical, Radio & Machine Workers of America, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 3, 1943, the A. F. L. requested recognition as the exclu-
sive bargaining agent of the Company's employees. The. Company
refused such recognition and asserted that the A. F. L. does not rep-
resent a majority of such employees. ` At the hearing the C. I. O. was
permitted to intervene on its allegation that it represents a substantial
number of employees in the unit claimed by the A. F. L.
A statement of the Regional Director, introduced in evidence, indi-
cates that the A. F. L. and the C. I. O. each represents a substantial
number of employees in the unit hereinafter found appropriate.'
1 The Regional Director stated that the A. F. L. submitted 117 designations, of which
116 bore apparently genuine, original signatures . Eighty-eight designations were dated
variously from September 1942 to February 1943 and 5 were undated; all of these bore
the names of persons whose names appear on the Company ' s pay roll of February 5, 1943.
The pay roll contains the names of 328 persons in the appropriate unit.
The C. I. 0 submitted 1 08 designations , of which 107 bore apparently genuine, original
signatures Sixty-two designations were dated variously from, July 1942 to February
1943 , and 23 were undated : all of these bore the names of persons whose names appear
on the Company 's pay roll of February 5, 1943:
DRESS & FRUMP MANUFACTURING COMPANY, 1037
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 parties are in general agreement as to an appropriate unit but
there is a dispute concerning the inclusion of certain categories of
employees and individuals.
The A. F. L. and the C. I. 0. would exclude from the unit, and the
Company would include the following :
Cost department employees. There are two cost department clerks,
also described as time clerks or factory clericals. They work apart
from the regular office force and keep cost, production, and time rec-
ords. They do no manual work, handle no materials, and report
directly to the plant superintendent. We find no reason to differ-
entiate between these employees and office employees and shall exclude
them from the unit.
Engineering department employees. There are four non-super-
visory employees in this department. All are engaged in drawing and
designing plans of machines used or manufactured by the Company.
Most of them have college training in drafting or engineering. Their
working place is separate from the production and maintenance de-
partments of the Company. It is our practice to exclude such
employees from a unit of production and maintenance employees at
the request of the unions involved and, under the present circum-
stances, we shall exclude them here.
Armed guards. Three employees are carried on the pay roll as
armed guards. They do not wear uniforms and have not been
'deputized. As the designation 'implies, they carry arms. They are
engaged wholly in protecting the property of the Company and
checking employees and visitors in and out of the plant. They report
directly to the plant superintendent. In accordance with our usual
policy as to such employees, we shall exclude them from the unit.
The A. F. L. requests the exclusion of certain individual employees 2
and the C. I. 0. of others,3 each alleging that the employees it names
have supervisory authority. The testimony at the hearing indicates
clearly that all of these employees are employed in the production
and maintenance departments and are under the supervision of the
foremen in these departments. Each of them by virtue of seniority
and skill receives a higher hourly wage than those working with him.
None receives the bonus allowed to foremen nor is any one of them
carried on the pay roll as a supervisory employee. It does not appear
2 Viz, Joseph Eckl and George Ott.,
$ Viz, Henry, Hespen, Vito Macmo, Frank Niehoff, Robert Roberts, Andy Stumpf, Herbert
Tartar, David Van Bevern, .Alex Zauga , and Emil Gardes.
1038 DECISIONS' OF NATIONAL LABOR RELATIONS BOARD
that any of them'has supervisory authority or is a representative of
management. 'Accordingl'y, we shall include them in the unit.
In accordance with the foregoing'and the stipulation of the parties,
we find that the employees of the Company at its plant in Chicago,
Illinois, including those named in footnotes 2 and 3, above, but exclud-
ing executives of the Company, superintendents, foremen, assistant
foremen, supervisory employees, office' employees, cost department
e^inployees, engineering department employees, truck drivers, and
armed guards, constitute a unit appropriate for the purposes of col-
lective 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 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 Rela-
tions 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 Dreis & Krump.
Manufacturing Company, Chicago, Illinois, an election by secret bal-
lot 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, Section 10, of said Rules and Regulations,
among the employees of the Company 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"
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 present themselves in person
at the polls, but excluding any who have since quit or been discharged
for cause, to determine whether they desire to be represented by Inter-
national Association of Machinists, District No. 8,'affiliated with the
A. F. of L., or by United Electrical, Radio & Machine Workers of
America, affiliated with the C. I. 0., for the purposes of collective
bargaining, or by neither.