D.W. Onan & Sons

National Labor Relations Board - Board Decisions

Oct 15, 1943

52 N.L.R.B. 1421 (N.L.R.B. 1943)

In the Matter of D. W. ONAN & SONS and UNITED ELECTRICAL, RADIO &
MACHINE WORKERS OF AMERICA, C. I. O.
Case No. 18-R-8,02.-Decided October 15, 1943
Mr. R. H. Fryberger, of Minneapolis, Minn., for the Company.
Mr. Douglas Hall, of Minneapolis, Minn., for the United.
Mr. M. F. Darling, of Minneapolis, Minn., for the I. B. E. W.
Mr. Louis Cokin, of counsel to the'Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio & Machine,
Workers of America, C. I. 0., herein called the United, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of D. W. Onan & Sons, Minneapolis, Minne-
sota , herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Stephen
M. Reynolds, Trial Examiner. Said hearing was held at Minne-
apolis, Minnesota, on September 24, 1943. At the commencement of
the hearing the Trial Examiner granted a motion of International
Brotherhood of Electrical Workers, A. F. of L., herein called the
I. B. E. W., to intervene., The Company and the United appeared
at and participated in the hearing and all parties were afforded full
opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Exam-
iner'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 :
'During the course of the hearing the I. B. E. W. requested leave to withdraw from
the case. The request is hereby granted.
52 N. L. R. B., No 238. ,
1421
1422 DECISION'S OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
D. W. Onan & Sons is a limited partnership operating 5 plants
at Minneapolis, Minnesota, where it is engaged in the manufacture
of electrical power plants and equipment. During 1942 the Company
purchased raw materials valued at about $5,580,000, approximately
60 percent of which was shipped to it from points outside the State
of Minnesota. During the same period the Company manufactured
products valued at about $8,525,000, approximately 99 percent of
which was shipped to points outside the State of Minnesota. The
Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
/
United Electrical, Radio & Machine 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
On September 2, 1943, the United requested recognition of the Com-
pany as the exclusive bargaining representative of the Company's
employees. The Company refused this request.
A statement of, the Regional Director, introduced into evidence at
the hearing, indicates that the United represents a substantial number
of employees in the unit hereinafter found to be appropriate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6), and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union urges that all employees at the five Minneapolis plants
of the Company, including inspectors, set-up men, stock clerks, and
receiving clerks, but excluding foremen, assistant or subforemen, line
supervisors, secretaries to proprietors, managerial employees, heads
of departments, first-aid employees, draftsmen, engineers, procure-
ment expediters, guards, employees of outside building maintenance
contractors, outside truck drivers, and confidential employees, con-
stitute an appropriate unit. _ The only controversy with respect to the
7 The Regional Director reported that the United presented 691 membership applica-
tion cards bearing apparently genuine signatures of persons whose names appear on the
Company's pay roll of September 22, 1943. There are approximately 1,708 employees
In the appropriate unit.
n. W. oNAN- & SONS - ' 1423
unit concerns clerical employees and production control employees.
The Union requests that all such persons be excluded from the unit
and the Company that they be included.
The production control employees perform work essentially clerical'
in nature, and the Company agrees that they should be treated in the
same manner as other clerical employees. Since no affirmative show-
ing has been made nor any compelling arguments advanced as to why
we should depart from our usual practice of excluding clerical employ-
ees from a unit largely composed of production and maintenance
employees we shall exclude the clerical employees and the production
control employees from the unit.
We find that all employees at'the five Minneapolis plants of the Com-
pany,` including inspectors, set-up men, stock clerks, and receiving•
clerks, but excluding secretaries to proprietors, heads of 'departments,
first-aid employees, draftsmen, engineers, procurement expediters,
guards, employees of outside building maintenance contractors, out-
side truck drivers, confidential employees,,' clerical employees, produc-
tion control employees, managerial employees, supervisory employees
such as foremen, assistant or subforemen, and line supervisors, and
any other supervisory employees with authority to hire, promote, dis-
cipline, discharge, 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 mean-
ing 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 Re-
lations 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 D. W. Onan &
8 The parties agreed at the hearing that the confidential employees are those occupying
the same or similar positions as Donald Al Hanson , W. H Niles, Avis Stevens, Betty
Vanderhagen , Lois Belford, Violet Thomas, Vivian Busse, and Helen Husei.
1424 DECISION'S OF NATIONAL LABOR RELATIONS BOARD
Sons, Minneapolis, Minnesota, 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 Eighteenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 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 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 dis-
charged for cause, to determine whether or not they desire to be
represented by United Electrical, Radio & Machine Workers of
America, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining.