Dur-O-Lite Pencil Co.

National Labor Relations Board - Board Decisions

Aug 8, 1946

69 N.L.R.B. 1302 (N.L.R.B. 1946)

In the Matter of DuR-O -LITE PENCIL COMPANY, EMPLOYER and
UNITED RUBBER, CORK , LINOLEUM AND PLASTIC WORKERS OP
AMERICA, C. I. 0., PETITIONER
Case No. 18-R-3598.-Decided August 8, 19.46
Mr. Edgar H. Schroeder, of Chicago, Ill., for the Employer.
Mr. Mason L. James, of Chicago, Ill., for the Petitioner.
Messrs. S. G. Lippman and G. A. Jones, of Chicago, Ill., for the
A. F. L.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Chicago,
Illinois, on June 7, 1946, before Kate Wallach, Trial Examiner. The
Trial Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Dur-O-Lite Pencil Company, a Delaware corporation, has its general
offices and plant at Melrose Park, Illinois, where it is engaged in the
manufacture and sale of automatic pencils. During the calendar year
1945, the Employer purchased for the operation of its plant raw
materials valued in excess of $50,000, of which approximately 75 per-
cent was obtained from points outside the State of Illinois. During
the same period, the Employer manufactured finished products valued
in excess of $350,000, of which approximately 75 percent was shipped
to points outside the State of Illinois.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
69 N. L. R. B., No. 161.
1302
DUR-O-LITE PENCIL COMPANY
If. THE ORGANIZATIONS INVOLVED
1303
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations claiming to represent employees of the
Employer.
Rubber & Plastic Workers Union, Local 82, A. F. L., herein called
the A. F. L., is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer has refused to recognize the Petitioner as the exclu-
sive bargaining representative of employees of the Employer.
We find that a question affecting commerce has arisen concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, substantially in accord with the agreement of the parties,
that all production employees,' excluding office and clerical employees,
and all or any other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Dur-O-Lite Pencil Company,
Melrose Park, 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 National Labor Relations Board Rules and Regula-
tions-Series 3, as amended, 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 Direction, includ-
ing employees who did not work during said pay-roll period because
1 The parties stipulated at the hearing that shipping and receiving employees are produc-
tion employees ; that there are presently no full -time maintenance employees and that those
employees performing part -time maintenance work are otherwise engaged in production.
The above unit is substantially the same as that covered by a prior contract between the
A. F. L. and the Employer.
1304 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
they were ill or on vacation or temporarily laid off, and including
employees in the armed forces of the United States who present them-
selves-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 whether
they desire to be represented by United Rubber, Cork, Linoleum and
Plastic Workers of America, C. X. 0., or by Rubber & Plastic Workers
Union, Local 82, A. F. L., for the purposes of collective bargaining,
or by neither.
MR. JOHN M. HOUSTON took no part in the consideration of the above
Decision and Direction of Election.