Electric Household Utilities Corp.

National Labor Relations Board - Board Decisions

Nov 30, 1945

64 N.L.R.B. 1181 (N.L.R.B. 1945)

In the Matter of HURLEY MACHINE DIVISION OF ELECTRIC HOUSE-
HOLD Ti TILITIES CORPORATION and INTERNATIONAL MOLDERS AND
FOUNDRY WORKERS UNION OF NORTH AMERICA, LOCAL 233, AFL,
AFFILIATED WITH THE CHICAGO AND VICINITY CONFERENCE BOARD
Case No. 13-R-3113.-Decided November 30, 1945,
less, i. Leonard Davidson and A. R. Nickson, of Cicero, Ill., for
the Company.
Messrs. William Lorenz and Peter H. Haroian, of Chicago, Ill., for
the AFL.
Mn Irving Kr ane, of Chicago, Ill., for the CIO.
tlis^ Helen Hart, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Molders and Foundry
Workers Union of North America, Local 233, AFL, affiliated with
the Chicago and Vicinity Conference Board, herein called the AFL,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Hurley Machine Division of Elec-
tric Household Utilities Corporation, Cicero, Illinois, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Benjamin B. Salvaty,
Jr., Trial Examiner. The hearing was held at Chicago, Illinois, on
August 3, 1945. At the commencement of the hearing, the Trial Ex-
aminer granted a written motion to intervene made by Local 1130,
United Electrical, Radio and Machine Workers of America, CIO,
herein called the CIO. The Company, the AFL, and the CIO ap-
peared,i participated and were afforded 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 hear-
ing are free from prejudicial error and are hereby affirmed. All.
parties were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
"1'hor Entploi ps Association and Thor Workers ' Independent Union were served with.
nonce of hraiin ,' but falled to appear.
64N L II B, No 197). 1181
1182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Hurley Machine Division of Electric Household Utilities Corpora-
tion, an Illinois corporation, has three plants, one located at Bloom-
ington, Illinois, one at Toronto, Canada, and its main plant at Cicero,
Illinois; it also has eight branch offices located in different cities
throughout the United States. The Company's plant at Cicero, Illi-
nois, which is involved in this proceeding, is engaged in the manu-
facture of shell boosters; the peacetime operations of the Cicero plant
consist of the manufacture of electric washing machines and irons.
During 1944, the Company purchased raw materials, consisting prin
cipally of steel, brass, and iron, valued in excess of $4,500,000 of which
approximately 50 percent was shipped to the Company from points
outside the State of Illinois. During the same year, the Company's
total sales exceeded $10,000,00 and more than 60 percent of the prod-
ucts sold were shipped by the Company to points outside the State of
Illinois.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Molders and Foundry Workers Union of North Amer-
ica, Local 233, affiliated with the Chicago and Vicinity Conference
Board and the American Federation of Labor, is a labor organization
admitting to membership employees of the Company.
Local 1130, United Electrical, Radio and Machine Workers of Amer-
ica, affiliated with the Congress of Industrial Organizations, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 17, 1944, the Company and the CIO entered into a written
contract, effective for 1 year, in which the Company recognized the
CIO as the collective bargaining agent for all its Cicero plant produc-
tion and maintenance employees.2 At this time the foundry of the
Cicero plant was not in operation and the section of the building in
which it was formerly located was engaged in the manufacture of
shells.-' In May 1945, the foundry resumed operations, replacing the
shell manufacturing department.
2 This contract covered a unit found appropriate by the Board in an earlier proceeding
involving the Company's employees See 48 N L R. B 295.
J Nor was the foundry in operation at the time of our decision in the prior case affecting
the Company's employees ( see Section IV, infra).
ELECTRIC HOUSEHOLD UTILITIES CORPORATION 1183
On May 26, 1945, the AFL filed the petition herein for an investiga-
tion and certification-of representatives of the foundry employees; and
shortly thereafter, about June 2, 1945, the AFL informed the Com-
pany that it represented a majority of the Company's foundry em-
ployees and requested recognition as their exclusive bargaining rep-
resentative. In a conference with a Board agent about June 4, 1945,
the Company refused to recognize the AFL until it had been certified
by the Board.
On July 17, 1945, the contract between the Company and the CIO
expired. Proceedings are now before the National War Labor Board
concerning the extension of this 1944 agreement. No contention is
made, however, that this contract either covered foundry workers or
is currently in effect. Therefore, it is clear that no bar exists to a
present determination of representatives.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the AFL represents a substantial number
of employees in the unit it alleges to be appropriate.4
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. TIIE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The AFL and the Company contend that the following unit is
appropriate : all employees of the foundry, excluding the timekeeper,
the production man, the night watchman, and all supervisory em-
ployees. The CIO, however, opposes the establishment of the unit
sought, contending that foundry employees should be included as
part of the production and maintenance unit for which it presently
bargains. The CIO's representative stated at the hearing that should
the Board find that foundry employees appropriately constitute a
separate unit, it would accept the AFL's and the Company's definition
of the unit.
The Company's plant is composed of a series of buildings which
are located on both sides of 54th Street in Cicero. The foundry is
situated on the first floor of a two-story building; the pattern repair
shop and the pattern storage are on the second floor. The Company
presently employs about 26 men in the foundry. Until 1942, when
foundry operations were discontinued, the Company employed be-
tween 125 and 200 men. The foundry manufactures castings, the
'The Freld Examiner reported that the AFT, submitted 17 authorization cards and that
the names of all persons appearing on the cards were listed on the Company's pay roll
of June 14, 1945 The record reveals that there are 26 employees in the AFL's alleged
appropriate unit During the hearing, the CIO submitted 6 membership application cards.
The Trial Examiner reported that all the names appearing on the cards 'sere listed on
the aforesaid pay roll.
1184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
majority of which are for use in the Company's production depart-
ment; some castings, however, are sold to other. concerns. Some of
the 26 employees in the foundry are highly skilled men, such as
coremakers, molders, and glass makers, while the remainder are
laborers and the foundry maintenance crew. The foundry is super-
vised by its own superintendent and ordinarily there is no interchange
of employees between the foundry and other parts of the plant.
Therefore, it appears that foundry employees constitute a homo-
geneous and distinct group.
The foundry was originally located at Cicero, Illinois. In 1920,
it was moved to Waukegan, Illinois; in 1929; upon completion of
the present foundry building, it was moved back to its present site.
In February 1942, after obtaining Army contracts, the Company dis-
continued its foundry operations and this part of the factory, sub-
sequently classified as Department 180, was converted to the manu-
facture of shells; foundry equipment was replaced by lathes, drill
presses, and other machinery owned by the Army. Fourteen of
the Company's foundry employees were transferred to other jobs in
the plant; the foundry maintenance crew, consisting of four or five
men, became part of Department 180; and the other foundry em-
ployees were laid off. In May 1945, following the cancelation of the
Army contracts and removal of the Army machinery, foundry equip-
ment was again installed and foundry operations resumed.
From about 1918 until the closing of the foundry in 1942, the
Company had been bargaining with the AFL as the representative
of "all foundry employees, excluding foremen, superintendents, office
and clerical workers and all other employees" on the basis of written
contracts, annually executed.5 The last contract between the Com-
pany and the AFL was executed on May 1, 1941, and the foundry
was closed before the expiration of its 1-year term. The Company's
production and maintenance employees were represented by Thor
Workers' Independent Union from 1937 to 1942. The contracts be-
tween this union and the Company did not specifically exclude the
foundry workers, but the union never bargained for foundry em-
ployees. In 1942, after the foundry had been closed, the CIO filed
a petition for an investigation and certification of representatives
of the Company's employees and the Board found two units to be
appropriate: one, consisting of all watchmen and guards, and the
other made up of all other employees of the Company.' The
Phis was the unit established by the contiacting parties in their 1941 agreement and
apparently all contracts since 1918 between the AFL and the Company have se defined
the unit
6'flits unit found by the Board to be appropriate was defined as all employees of the
Companv, excluding office clerical employees , plant ci' it eal emplo}ces anpeivisoiv em-
ployees, drmftsu:en engineers , production planners, mapection engineers, the cafeteria
manager , outside trick drivers, and watchmen and guards " See footnote 2, supva
ELECTRIC HOUSEHOLD UTILITIES CORPORATION 1185
CIO received a majority of the valid votes counted in a run-off
election conducted among the latter unit of employees., Following
the CIO's certification by the Board, as stated in Section III, supra,
on July 17, 1944, the CIO executed a 1-year contract with the Com-
pany; and, as noted above, the foundry resumed operations in May
1945.
In these circumstances, particularly considering the history of
separate collective bargaining for the foundry employees and the
fact that they constitute a homogeneous group with interests differing
substantially from those of other employees, it appears that they
could comprise a separate appropriate unit. However, since the
Company conducts is operations on an integrated basis and the
foundry had been closed from February 1942 to May 1945, it ap-
pears that the foundry workers could also appropriately be bargained
for as part of the production and maintenance unit now represented
by the CIO.
Accordingly, we shall not make a present finding as to the ap-
propriate unit but shall determine the desires of the employees them-
selves by directing an election among employees in the foundry.
Upon the results of the election will depend, in part, our determina-
tion of the appropriate unit. If the employees in the foundry select
the AFL as their bargaining representative, they will be taken to
have indicated a desire to constitute a separate appropriate unit; if
they select the CIO, they will be taken to have indicated a desire
to be bargained for as part of the production and maintenance unit
presently represented by the CIO.
The CIO further contends that no election should be directed at this
tune because the Company's pay roll in the foundry, at the time of the
hearing, consisted of only 26 employees, about one-fifth of its contem-
plated personnel.8 The record reveals that the Company intends to
expand its foundry pay roll to approximately 125 employees as soon
as additional foundry equipment and labor can be obtained; it had
orders at the time of the hearing for the delivery of additional equip-
ment in September 1945. The record also reveals, however, that the
Company had no knowledge of when such equipment would actually
be delivered. In view of the uncertainty as to when the contemplated
expansion of the foundry pay roll will occur and in consideration of
the fact that the Company's current foundry staff is operating the
° Thor Workers Independent Union recen ed it majority of the valid votes counted in
the unit of watchmen and guards Subsequentl7. the name of the International Associa-
tion of Machinists was substituted by the Board for the name of the independent union
as the certified bargaining agent of the watchmen and guards. Apparently, the Interna-
tional Association of Machinists has never bargained for these emploiees
8 We find no merit in the CIO's assertion that the contemplated expansion of the
foundry personnel makes it impossible to determine at this time what employees will be
supervisors and that no election should, therefore , be conducted at this time.
670417-46-vol. 64-76
1186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
foundry and thus constitutes a sufficiently substantial and representa-
tive group, we see no reason to depart from our usual policy in such
circumstances of directing an immediate election." However, we shall
entertain a new petition for an investigation and certification of repre-
sentatives affecting the employees involved herein within less than a
year, but not before the expiration of 6 months from the date of any
certification we may issue in the instant proceeding upon proof (1)
that the number of employees in the foundry is more than double the
number eligible to vote in the election hereinafter directed; and (2)
that the petitioner represents a substantial number of employees in
the expanded foundry group.
We shall direct that the question of representation which has arisen
be resolved by secret ballot among the following employees who were
employed during the pay-roll period immediately preceding the date
of our Direction of Election herein, subject to the limitations and addi-
tions set forth in the Direction :
All employees of the Company's Cicero plant foundry, excluding
the timekeeper, the production man, the night watchman, and all
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action.
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 Relations
Board Rules and Regulations-Series 3, 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,
an election by secret ballot shall be conducted as early as possible, but.
not later than sixty (60) days from the date of this Direction, under
the direction and supervision of the Regional Director for the Thir-
teenth 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 voting group set
forth 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
°Natter of Aluminum Company of America, 52 N L R B 1040; Matter of Eastport
Construction Company, 57 N L R Ii 1455; and Matter of The General Tore & Rubber
Company, 63 N L R. B 182.
ELECTRIC HOUSEHOLD UTILITIES CORPORATION 1187
person at the polls, but excludnlg 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 repre-
sented by International Molders and Foundry Workers Union of North
America, Local 233, AFL, affiliated with the Chicago and Vicinity
Conference Board, or by Local 1130, United Electrical, Radio and
Machine Workers of America, CIO, for the purposes of collective
bargaining, or by neither.