Edison General Electric Appliance Co., Inc.

National Labor Relations Board - Board Decisions

Jun 10, 1943

50 N.L.R.B. 387 (N.L.R.B. 1943)

In the Matter of EDISON GENERAL ELECTRIC APPLIANCE COMPANY,
INC. and INTERNATIONAL ASSOCIATION OF, MACHINISTS, DIE & TOOL
MAKERS LOCAL 113 OF DISTRICT No. 8
Case No. B-5393.-Decided June. 10, 1943
Messrs. R. W: Stone and M. R. Zelder, of Chicago , Ill., for the
Company.
. Messrs. J. W. Ramtsey'arid B. H. Skidmore , of Chicago ,' Ill., for the
Union.
Mr. Ralph Winkler, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon, a petition duly, filed by International Association of Machin-
ists, Die & Tool Makers Local 113 of District No. 8, herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Edison General Electric
Appliance Company, Inc., Chicago, Illinois, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Leon A. Rosell, Trial Exam-
iner. Said hearing was held at Chicago, Illinois, on May 20, 1943.
The Company and the Union appeared, participated, and were af-
forded 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. On May 28, 1943, the Company filed
a brief which the Board has, considered.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Company, an Illinois corporation , operates one plant in Chi-
cago, Illinois, and two plants in Cicero, Illinois, where it is engaged
in the manufacture and sale of munitions and cooking equipment for
the armed services . These plants are known as the Taylor Street,
Cicero, and Ordnance plants and are within a mile's distance from
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387
. 388 • DECISIONS OF, NATIONAL LABOR RELATIONS BOARD
one another. The Company annually purchases raw materials having
a value in excess of $1,000,000, of which 25 percent is obtained from
other States; its annual sales exceed $1,000,000,, of which 75 percent
is shipped to other States. The Company admits that it is engaged
in commerce within the meaning of the. Natiolial Labor Relations Act.
II. THE - ORGANIZATION INVOLVED
International Association of Machinists, Die & Tool Makers Local
113, of District No. 8, is a'labor organization admitting; to-membership
the toolroom employees of the Company.
III. THE -QUESTION CONCERNING REPRESENTATION
The Company has refused' to grant recognition'to the'•Uiiion' as
the exclusive bargaining representative; of the toolroom employees
because it doubts that the Union represents a majority of these
employees.
A statement of the Regional Director, 'i`ntroduced into 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: mean=
ing of Section 9 (c) and Section 2 (6) and (7) of the; Act. • '
IV. THE APPROPRIATE UNIT
The Union claims that the appropriate unit should include all
toolroom employees of the Company's three plants, in 'Chicago - and
Cicero, with the exception of clerical and salaried employees .and
supervisors having the right to hire and discharge. ,While in general
agr'eement' with, this proposed unit, the Company' would exclude there-
from'six employees who are engaged•'in producing'tool .bits and hot
plates;. five tool crib attendants, three oilers; and,six: janitors:
The, general wor-k performed in the toolroom consists, of making
tools, dies, gauges, and other. precision work., : The employees pei=,
forming these operations include tool and- die workers, apprentices,
six operators producing tool bits and hot plates, and other machinists.
They are skilled employees with a general wage level higher than
that of the main body of production,and maintenance workers and
their interests are substantially different from those of the oilers,
janitors, 'and. crib. attendants. 'We will therefore: exclude -the oilers,
janitors arid, crib iattendants from the unit-.2 ' - ' . -'' -
1 The Regional Director reported that a check of the Union ' s dues records against the
Company ' s pay roll dated April 15, 1942 , containing the names of 116 'Persons within the
alleged appropriate unit, disclosed that 72 employees - were members in good ' standing of
this Union
2 The Union and the Company agreed to include in the unit three supervisors and'tone
assistant foreman These four employees take charge of the toolrooms in the foremen's
t
EDISON GENERAL ELECTRIC APPLIANCE COMPANY, INC . 389
We find that the toolroom employees of the Company's three plants
in Chicago, and Cicero, Illinois, including tool and die workers, ap,
prentices, operators producing tool bits and hot plates, and other
machinists, but excluding clerical and salaried employees, and super-
visors having the right to hire and discharge or to recommend such
action; constitute a unit appropriate `for' the purposes of collective-
1ai-gaming"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 aii' election` by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period, inu-nediately, preceding the; date of the, Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTION
Byyirtiie, of and ,pu1zs1 ant to the,power vested iii the National Labor
Relations' Bpard by Sectiori•9 (c) :of the National Labor•Relations Act,
and pursuant,to,Ai:ticle III, S'ection•,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, Edison, General
Electric :Appliance =Company, Inc.,, Chicago, Illinois, an. election by
secret -ballot, shall, •be , conducted as early, as pos'sible, but not later
than thirty. (30), days.from,the date;of• this Direction, under the direc-
tion and supervision of the Regional Director : for the Thirteentlr
Region, acting In thisrinatter, as,agent'for the NationallLabor,Rela-
tions Board, and, subject to Article-III,, Section 10, 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 'e`mployees in
the armed forces of, the United .States.,who present, themselves in per-
son at, the polls, but_ excluding those, employees' who have since quit
or been discharged -for cause,-to determine -whether or not they desire
to be represented by 'International, Association of Machinists, Die &
Tool Makers, Local 113 of District No. 8;ifor• the purposes of collective
bar••gaining.'.:..
absence, receive higher rate ' of pay than the other employees , give instiuctions, and
perform some construction work Although they do not have the power to` hire and dis-
charge , it is not clear from the record whether they recommend such action We'shall
exclude them from the unit if they do so. ,
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