Electric Household Utilities Corp.

National Labor Relations Board - Board Decisions

Mar 19, 1943

48 N.L.R.B. 295 (N.L.R.B. 1943)

In the Matter of HURLEY MACHINE DIVISION OF ELECTRIC HOUSEHOLD
UTILITIES CORPORATION and UNITED ELECTRICAL, RADIO & MACHINE
WORKERS OF AMERICA
Case No. R- 4935.Decided March 19,19V.
Jurisdiction : ordnance manufacturing industry.
Investigation and Certification of Representatives : existence of question: com-
pany refused to accord petitioner recognition and sii'ggested that the,matter
be referred to the Board; contract granting rival union exclusive recognition
dnd maintenance 'of membership entered into after filing of petition and not,
asserted as a bar by, the contracting union, held no bar: election necessary.
Units Appropriate for Collective Bargaining : (1) all employees with specified,
exclusions; and (2) watchmen and guards, who were excluded from the in-
dustrial unit although one of the organizations involved desired their inclu-
sion, and were found, under the circumstances, to be appropriately combined in
a single unit.
dlr. Benjamin J. Krywick, of Cicero, Ill., for the Company.
Messrs. Ernest DeMaio and living Krane, of Chicago, Ill., for the
U.E.
Lofton ,& Gleason, by Mr. Joseph B. Lofton, of Chicago, Ill., for the
Independent.
Mr. Robert 8ilagi, of counsel to the'Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition and an amended petition, duly filed by United
Electrical, Radio & Machine Workers of America, herein called the
U. E., alleging that a question affecting connnerce had arisen con-
cerning the representation of employees of Hurley Machine Division
of Electric Household Utilities Corporation, Cicero, Illinois, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before David Karasick, Trial
Examiner. Said hearing was held at Chicago, Illinois, on February
22 and 23, 1943. The Company, the U. E., and Thor Workers' Inde-
pendent Union, herein called the Independent, appeared, participated,
and were afforded full opportunity'to be heard, to examine and cross-
48 N. 'L. R B, No. 41
295
296 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Hurley Machine Division of Electric Household Utilities Corpo-
ration is an Illinois corporation. . The Hurley Machine. Division,
located in Cicero, Illinois, the only plant herein involved, is one of
three plants owned and operated by Electric Household Utilities
Corporation. The other two plants are located in Bloomington, Illi-
nois, and Toronto, Ontario, Canada. Prior to the war, the Company
engaged in the manufacture of washing machines. The Company is
now engaged entirely in the manufacture of war materials. During
1942, the Company purchased for use at ith Cicero plant, raw materials
valued at approximately $4,500,000, about 65 percent of which was
shipped to said plant from points outside the State of Illinois. Dur-
ing the same period, the Company manufactured at its Cicero plant
products valued at approximately $16,000,000, about 92 percent of
which was shipped from said. plant to points outside the State of
Illinois.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
It. THE ORGANIZATIONS INVOLVED
United Electrical, Radio & Machine Workers of America, affiliated
with the Congress of Industrial Organizations, is a labor organiza
tion, admitting to membership employees of the Company.
.Thor Workers' Independent Union is an unaffiliated labor organi-
zation, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Annually since 1937, the Company and the Independent have exe-
cuted members-only contracts, the most recent of which expired on
September 17, 1942. On August 28, 1942, the U. E. notified the com-
pany that it represented a substantial number of the employees at
the Cicero plant, and requested recognition as their bargaining repre-
sentative. About 6 weeks later, by telephone and by letter, the U. E.
1 Following the hearing, the parties entered into a stipulation t6 correct certain errors
in the transcript. Said stipulation is hereby approved and the stipulated corrections are
hereby ordered to be made in the official transcript.
HURLEY MACHINE DIVISION 297
informed the Company that it represented a majority of the foundry
employees at the Cicero plant and requested collective bargaining
rights for them. At the same time, it also informed the Company that
it represented a majority of all employees at the Cicero plant, and
requested the Company not to renew its contract with the Independ-
ent. The Company asked for more time to consider the Union's re-
quest, and suggested that the platter be referred to the Board. On
October 7, 1942, the U. E. filed a petition for an investigation and
certification of representatives and on November 9, 1942, filed its
amended petititon herein.
Meanwhile, the Independent requested a renewal of its contract
with the Company and on November 24, 1942, the Company signed
a new agreement with the Independent, granting it exclusive recog-
nition and maintenance of membership. This contract was made
retroactive to September 17, 1942, and provided that it should remain
in effect for 1 year. The Independent does not assert the contract
as a bar and-we find that it does-not preclude a present determination
of representatives.2
A report prepared by the Regional Director and introduced into
evidence at the Hearing, and a statement made on the record by the
Trial Examiner, indicate that both the U. E. and the Independent
represent a substantial number of employees in the units hereinafter
found appropriate .3 1
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.
z_See Matter of General Cable Corporation and United Rubber Workers of Aine,ica, Local
Union 208 , 33 N L. R. B 328
3 The Regional Director reported that the U E submitted 747 cards that 526 cards bore apparently
genuine signatures and were the names of persons listed on the Company's pav roll of November 30, 1942,
which contained 1.773 persons in the appropriate unit, that 470 cards were dated between February 1942
and January 1943, and that 56 cards were either undated or dated prior to 1942
The Trial Examiner conducted a spot check of 389 names appearingiamong the names of 1,789 persons
listed as members of the Independent according to the records of its financial secretary The results showed
that 267 out of the 389 names checked, appeared on the Company's pav roll of November 30, 1942 It also
appeared that 1,180 employees on the pay roll of that date had paid dues to the Independent during the last
-5 months of 1942 In addition, the Independent relies upon its contract with the Ccmpanyasevidencecf
its membership -
A statement of the Trial Examiner concerning representation in certain contested job classifications may
be summarized as follows
Classification
Number of
employees U E des- Independ-cut desig- Duplt-in classifi - ignation3 nations satedcation
Timekeepers - ---------------------------- ------- 23 6- 23 4
Timecheckers (counters and parts checkers ) ------ 59 14 23 8
watchmen--------------------------------------- 17 1 15 1
Guards ------ ------------------------ 9 0 9 0
Clerks in production and planning , inspection
and engineering departments ------------------- 9 0 0 0
298 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNITS
The parties are agreed that a unit consisting of all employees of
the Company excluding office clerical employees, supervisory ein-,
ployees,4 draftsmen, engineers, production planners, inspection engi-
neers, the cafeteria manager, and outside truck drivers, is appro-
priate. There is disagreement, however, with respect to plant clerical
employees and watchmen and guards. The Independent seeks to in-
'clude, and the Company and the U. E. to exclude, these employees.
Plant clerical employees-This classification includes timekeepers,
timecheckers (also referred to as counters and parts checkers), and
general clerks in the production and planning department, engineer:
ing department, and inspection department.
The timekeepers record the,time consumed for each production job.
Seven of these employees, of whom there are 23, work in the Com-
pany's general office, the remainder work in various departments
throughout the plant. General office timekeepers check the records,
of the plant timekeepers and also records of persons who work in the
general office. All timekeepers ,are, responsible to the head of the
timekeeping and pay-roll departments. In addition, general office
timekeepers substitute on occasion for plant timekeepers.'.
The timecheckers work in various departments of the plant. They
.check the quantity of work actually produced against production
records. Like the timekeepers, they are responsible, to the same
head of the timekeeping. and pay-roll departments.
The clerks in the,production and planning department maintain
production records. The clerks in the engineering' department keep
records on blueprints and tools, and the clerks in the inspection de-
partment keep records of scrap and parts inspected and rejected. The
Company considers each of these departments to be a part of its
general office rather than part of its production force. -
Although the Independent claims that plant clerical employees
have always been covered by the Company's contracts with- the In-
dependent, the Company contends that there has always been a con-
flict as to their exact status under the contracts and requests their
exclusion. In view of these facts, and because these employees per-
form clerical duties as distinguished from production work and are
under the jurisdiction of general office supervisors rather than pro-
duction supervisors, we shall exclude them from the appropriate unit.
Watchmen and guards-The Company employs 17 watchmen and
9 guards., The guards are uniformed, armed, have taken a military
4 The parties agree that the term "supervisory employees" includes the following classifications ' project
managers , department heads, foremen, assistant foremen, supervisors, inspection engineers in the gauge'
and tool inspection department , and the chief inspector.
HURLEY MACHINE DIVISION 299
oath, and are organized along military lines. They patrol definite
areas in the plant and check upon all individuals entering or leaving
these areas.
The watchmen are armed but not uniformed and are not auxiliary-
military police nor organized along military lines. They patrol the
entire plant, making rounds, punching clocks and observing condi-
tions generally. The watchmen are usually older men and generally
do not measure up-to the physical requirements for the guards. Both
guards and watchmen are supervised by the same plant-protection
manager. Both are covered by the contract with the Independent.
The Independent seeks to include watchmen and guards in the
production and maintenance units. In the event, however, that the
Board should exclude them from the larger unit, the Independent
iiequests that watchmen and guards, or either of them, be established
as a separate unit. In this respect, the U. E. states that it does not
wish to participate in an election for guards alone, but that it does
desire to participate in an election for a combined unit of watchmen
and guards. We uniformly hold that plant=protection employees
should not be included in a unit of production and maintenance em-
ployees. No reason appears, however, for establishing separate units
for watchmen and guards.5 Accordingly, we shall exclude watchmen
and guards from the larger unit and establish a separate unit for
them.
We find that the following units are appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act :
(1) All employees of the Company, excluding office clerical em-
ployees, plant clerical employees, supervisory employees,6 draftsmen,
engineers, production planners, inspection engineers, the cafeteria
manager, outside truck drivers, and watchmen and guards;
(2) All watchmen and guards, excluding supervisory employees.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by separate elections by secret ballot among the
employees in the appropriate units 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.
5 See Matter of Automatic Products Company and International Union, United Automo-
bile Workers of America, Local 736 (AFL), 40 N. L R B 941
6 See footnote 4.
300,- DECISIONS OF 'NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTION S
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 Hurley Machine
Division of Electric Household Utilities Corporation, Cicero, Illinois,
separate elections by secret ballot shall be conducted as early as pos-
sible, but not later than thirty (30) days from the date of this Direc-
tion, under the direction and supervision of the Regional Director
for the Thirteenth Region, acting in this matter as agent for the Na-
tional Labor Relations Board, and subject to Article III, Section
10, of said Rules and Regulations, among the employees in the units
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 in-
cluding employees in the armed forces of the United States who pre-
sent themselves in person at the polls, but excluding those employees
who have since quit or been discharged for cause (1) to determine
whether the employees in the production and maintenance unit de-
sire to be represented by United Electrical, Radio & Machine Workers
of America, C. I. 0., or by Thor Workers' Independent Union, for the
purposes of collective bargaining, or by neither; and (2) to determine
whether the employees in the watchmen and guard unit desire to be
represented by United Electrical, Radio & Machine Workers of Amer-
ica, C. I. 0., or by the Thor Workers' Independent Union, 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.