Eversharp, Inc.

National Labor Relations Board - Board Decisions

Nov 7, 1950

91 N.L.R.B. 1538 (N.L.R.B. 1950)

In the Matter of EvERSHARP, INC., EMPLOYER AND PETITIONER and
LOCAL 949, UNITED AUTOMOBILE WORKERS OF AMERICA, AFL,
UNION
Case No. 13-B.41-93.-Decided November 7, 1950
DECISION AND ORDER
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Irving M. Friedman,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby aflirmed.1
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case , to a three-
member panel [Chairman Herzog and Members Houston and
.Reynolds] .
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. Novelty Workers Union-Local 44, AFL , claims to represent
employees of the Employer.
3. No question affecting commerce exists concerning the repre-
sentation of employees of the Employer within the meaning of Sec-
tion 9 (c) (1) and Section 2 (6) and (7) of the Act, for the following
reasons:
The Employer seeks an election among all production, maintenance,
service, and warehouse employees at its Chicago plant, excluding
guards and supervisors. The UAW-AFL contends that an election
at this time would be premature, because the Employer's operations
are in the process of expansion. Novelty Workers Union-Local 44,
AFL, is neutral.
In 1948, the Employer had approximately 900 production and
maintenance employees at its Chicago plant. At the time of the
hearing this number had dwindled to 19, comprising 2 shipping and
receiving clerks, 7 packers and order pickers,2 1 tool and plant main-
.1 The motion of United Automobile workers of America, AFL, herein called the UAW-
AFL, to dismiss the petition on the ground , among others, that an election now would
be premature, is granted for the reasons given in paragraph numbered 3, below.
2 One of the packers, Frances Koblenz, also spends part of her time on inspection and
final assembly of cartridges and pens manufactured for the l niployer by another company.
91 NLRB No. 236.
1538
EVERSHARP, INC. 1539
tenance man, 3 stationary engineers and firemen, 1 carpenter and
plant maintenance man, 1 elevator operator, 3 janitors, and 1 watch-
man. Formerly the Chicago plant manufactured the Employer's pen.
At the time of the hearing, this plant functioned as little more than
a stock and transshipment point. However, an official of the Em-
ployer testified that it planned to resume some manufacturing opera-
tions at Chicago before the end of 1950. Between 25 and 35
additional employees are expected to be hired initially for these
manufacturing operations.3
Employees to be hired in the initial stages of the new manufacturing
program, disregarding the prospective expansion which may not
materialize, will more than double the existing number of employees.
The new employees will be primarily machine operators, a classifica-
tion scarcely represented among the present employees. Under these
circumstances, we believe that the Employer's petition was prematurely
filed. The present employees are not representative of the larger
group of employees who may be expected to be employed in the near
future. Accordingly, we shall dismiss the petition without prejudice.
to the filing of another petition at a more appropriate time.'
ORDER
IT IS HEREBY ORDERED that the petition filed heren be, and it hereby
is, dismissed.
3 This number may be increased substantially if the Employer is successful in getting
a war contract upon which it is working , or if it becomes more difficult to contract out:
the manufacture of small machine parts.
' Coast Pacific Lvmber Co ., 78 NLRB 1245.
917572-51-vol. 91-98