Everede Tool Co.

National Labor Relations Board - Board Decisions

Apr 8, 1944

55 N.L.R.B. 1121 (N.L.R.B. 1944)

In the Matter of J. R. Pnoies %, A. J. PI,OKSA AND EDITH CHAMBERS
D/B/A EVEIIEDE TOOL COMPANY and INTERNATIONAL ASSOCIATION OF
MACHINISTS, DIE & TOOL M AIU:B5 LODGE # 113, A. F. or L.
Case No. 13-R-232 3.Decided April 8, 19!4
Fyffe cf Clarke, by Mr. Albert J. Smith., of Chicago, Ill., for the
Company.
Mr. P. L. Siemiller, of Chicago, Ill., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
ST MMENT OF TTIE CASE
Upon petition and amended petition dilly filed by International
Association of Machinists, Die & Tool Makers Lodge #113, A. F. of L.,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of J. R. Proksa,
A. J. Prol:sa and Edith Chambers d/b/a Everede 'l'oot Company, Chi-
cago, Illinois, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Francis X. Helgesen, Trial Examiner. Said hearing was held
at Chicago, Illinois, on March 20, 1944. The Company and the Union
appeared, 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
hearing are free from prejudicial error and are hereby afl'irlned. All
parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board ntal:es the following:
FINDTNGS OF FACT'
1. 'IIIE BUS! IN ESS (IF THE C011 PA NY
J . E. Proksa , A. J. Proksa and Edith Chambers d/b/a Everede
Tool Company , is a co -partnership operat in), a plant at Chicago. Illi-
nois, where it is engaged in the manufacture of tool holders , jigs, fix-
55NLIIII , No202
575129-44-v of 55-72 1121
1122 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tures, gauges, bits, dies, and boring bars. During 1943 the Company
purchased raw materials valued in excess of $25,000, substantially all
of which was shipped to it from points outside the State of Illinois.
During the same period the Company manufactured products valued
in excess of $150,000, approximately 75 percent of which was shipped
to points outside the State of Illinois. The Company admits that it is
engaged in commerce within tho meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
International Association of Machinists, Die & Tool Makers Lodge
#113, is a labor organization affiliated with the American Federation
of Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 4, 1944, the Union requested the Company to recognize
it as the exclusive collective bargaining representative of the Com-
pany's employees. The Company refused this request.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be appropriate
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, ntiithin the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union urges that all toolroom, production, and maintenance
employees of the Company, including apprentices, but excluding execu-
tives, office and clerical employees, and supervisors, constitute an ap-
propriate unit. The Company took no position with respect to the
unit. Evidence introduced at the hearing indicates that the employees
claimed by the Union constitute a well-defined homogeneous group.
We find that all toolroom, production, and maintenance employees
of the Company, including apprentices, but excluding office and clerical
employees, executives, 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, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
'The Field Examiner reported that the Union presented 14 authorization cards bearing
apparently genuine signatures of persons whose names appe,ir on the Company's pay roll
of March 5, 1944. There are 24 persons in the appropriate unit.
EVEREDE TOOL COMPANY
V. THE DETERMINATION OF REPRESENTATIVES
1123
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with J. R. Proksa, A. J.
Proksa and Edith Chambers d/b/a Everede Tool Company, 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 direction and supervision of the Regional Director for the
Thirteenth Region, acting in this matter as agent for the National La-
bor Relations Board and subject to Article III, Sections 10 and 11, of
said Rules and Regulations, among the employees in the unit found ap-
propriate 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 such pay-roll period because they
were ill or on vacation or temporarily laid off, and including em-
ployees in the armed forces of the United States who present them-
selves in person at the polls, but excluding any 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 or not they desire to
be represented by International Association of Machinists, Die & Tool
Makers Lodge #113, A. F. of L., for the purposes of collective
bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.