Essex-Graham Co.

National Labor Relations Board - Board Decisions

Mar 4, 1954

107 N.L.R.B. 1491 (N.L.R.B. 1954)

ESSEX-GRAHAM COMPANY 1491
helpers, but excluding all other employees, professional, con-
fidential, and office clerical employees, guards, and super-
visors, constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
[Text of Direction of Election omitted from publication.]
Member Beeson took no part in the consideration of the above
Decision and Direction of Election.
is there evidence to show that they have authority to discipline employees or effectively to
recommend changes in any employee's status. Moreover, any exercise of the functions of a
supervisor are so sporadic as not to be sufficient to constitute the group leaders supervisors
within the meaning of the Act. Wilson & Co., Inc., 97 NLRB 1388.
ESSEX-GRAHAM COMPANY and UNITED STEELWORKERS
OF AMERICA, CIO, Petitioner. Case No. 13-RC-3657.
March 4, 1954
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Kenneth
L. Keith, hearing officer. The hearing officer's rulings made
at the hearing are free from prejudicial error and are hereby
affirmed.
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the mean-
ing of the National Labor Relations Act.
2. The labor organizations involved claim to represent
certain employees of the Employer.
3. The Employer and the Intervenor, Warehouse & Mail
Order Employees Union, Local 743, I.B.T.C.W. & H. of A.,
AFL, move to dismiss the instant petition on the ground that
an existing contract bars an election at this time. The record
discloses that on October 26, 1953, the Intervenor demanded
and was accorded recognition by the Employer, and an oral
agreement was reached on that date covering the substantive
terms and conditions of employment for the Employer's
employees. On October 29, 1953, the Petitioner filed its
petition herein. On November 4, 1953, the Employer and the
Intervenor formally executed the contract orally agreed
upon on October 26. As the petition was filed prior to the
execution of the contract on November 4, we find, in accord
with our usual policy, that the oral agreement between the
Employer and the Intervenor does not bar this proceeding.'
The motions to dismiss are therefore overruled.
Accordingly, we find that a question affecting commerce
exists concerning the representation of certain employees
of the Employer within the meaning of Section 9 (b) of the
Act.
iH W. Rickel & Company, 105 NLRB 679; Filtration Engineers , Incorporated . 98 NLRB
1210.
107 NLRB No. 292.
1492 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. The parties agree, and we find , that all production,
warehouse , and maintenance employees at the Employer's
plant in Chicago , Illinois , excluding office clerical employees,
professional employees , guards, and all supervisors as defined
in the Act, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the Act.
5. The parties stipulated that only those employees in the
unit who are employed for more than 20 hours per week
should be included and be eligible to vote . However, all
regular part - time employees , regardless of the number of
hours worked, are necessarily included in the unit, They
are also eligible to vote unless good cause is shown to the
contrary . Accordingly, we do not adopt the stipulation of the
parties . We find that all regular part - time employees are
eligible to vote , subject to challenge on the ground that their
interests and duties are not sufficient to warrant their in-
clusion in the unit.
[Text of Direction of Election omitted from publication.)
Member Beeson took no part in the consideration of the
above Decision and Direction of Election.
McCANN ERICKSON COR_"ORATION, ET AL., PUBLICIDAD
BADILLO and DRY MILK CO. INC. PUBLICIDAD ASTRA,
ET AL ZERBE-PENN ADVERTISING CO., ET AL., PUBLI-
CIDAD BADILLO, ET AL. and GREMIO DE PRENSA, RADIO,
TEATRO Y TELEVISION DE PUERTO RICO, IND., Peti-
tioner. Cases Nos. 24-RC-600, 24-RC-601, 24-RC-602,
24-RC-603, and 24-RC-626. March 5, 1954
DECISION, ORDER , AND DIRECTION OF ELECTIONS
Upon petitions duly filed and consolidated a hearing was held
before George L. Weasler , hearing officer . The hearing offi-
cer's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
Upon the entire record in these cases, the Board finds:
1. The Employers are engaged in commerce within the
meaning of the National Labor Relations Act.
2. The labor organization named below claims to represent
certain employees of the Employers.
3. Questions affecting commerce exist in Cases Nos.
24-RC-600 , 24-RC- 602, and 24-RC-603 concerning the repre-
sentation of certain employees of the Employers within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. No
questions affecting commerce exist in Cases Nos . 24-RC-601
and 24 -RC-626 concerning the representation of certain em-
ployees involved therein.
107 NLRB No. 297.