40 N.L.R.B. 400 (N.L.R.B. 1942)

Fred A. Snow Co.

National Labor Relations Board - Board DecisionsApr 10, 1942

40 N.L.R.B. 400 (N.L.R.B. 1942)

In the Matter of FRED A. SNOW COMPANY and INTERNATIONAL UNION, UNITED AUTOMOBILE , AIRORAFP AND AGRIOUI!rURAL IMPLEMENT WORKERS OF AMERIaA (U. A. W.-C. I. 0.) Case No. R-3640.-Decided April 10, 1942 Jurisdiction : metal processing industry. Investigation and Certification of Representatives : existence of question : refusal to accord petitioner recognition until certified by the Board ; employee alleged to have been discriminatorily discharged held eligible to vote, but his ballot segregated and the ruling as to its validity, deferred; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees including working foremen, but excluding other supervisory employees, outside truck drivers and watchmen. Mr. Albert J. Smith, of Chicago, Ill., for the Company. Mr. Irving Meyers, of Chicago, Ill., for the Union. Mr. A. Sumner Lawrence, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On March 4,1942, International Union, United Automobile, Aircraft and Agricultural Implement Workers of America (U. A. W.-C. I. 0.), herein called the Union, filed with the Regional Director for the Thir- teenth Region (Chicago, Illinois) a petition alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Fred A. Snow Company; Chicago, Illinois, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, herein called the Act. 04 March 12, 1942, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 40 N. L. R. B., No. 67. 400 FRED 'A. SNOW COMPANY, ` - `401 On March 13, 1942, the Regional Director issued a notice of hearing, -copieslof which were duly served upon the Company and the Union. Pursuant to notice, a hearing was held on March 18, 1942, at Chicago, `Illinois, before-Riissell Packard, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the Union were represented and participated in the hearing. Full opportunity to be heard, to examine' and cross-examine witnesses, and to introduce evi- dence bearing on the issues was'afforded all parties. During the hear- ing no objections were made to rulings of the Trial Examiner. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Fred A. Snow Company is an Illinois corporation with its office and plant at Chicago, Illinois. The Company is engaged in treating and processing metal bars and forms, which are shipped to its plant in Illinois from and through States of the United States other than the State of Illinois. After being treated or processed in the Com- pany's plant, the - metal bars and forms are transported from the plant to points outside the State of Illinois. During the calendar year,1941, the value of metal bars-and forms received by the.-Com- pany from,outside the State find shipped by it -to points in other States after treatment or processing was in excess of one-half mil- lion dollars. The Company employs approximately 110 employees. The Company admits that it is engaged in commerce within the meaning of the Act. II. THE ORGANIZATION INVOLVED international Union, - United Automobile , Aircraft and Agricul- tural Implement Workers of America is a labor organization , affili- ated with the Congress of Industrial Organizations . It admits-to' - membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about February 28, 1942, the Union, claiming to represent a majority of the Company's employees, demanded recognition for pui- -poses of collective bargaining, but the Company refused to recognize the Union until it had been certified by the Board. 455771-42-vol 40-26 402 DECISIONS OF NATIONAL LABOR RELATIONS BOARD A statement by the Trial Examiner at the hearing shows that the Union represents a substantial number of employees in the unit here- inafter found appropriate.' We find that a question has arisen concerning the representation of employees of the Company. IV. THE-EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section, I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends-to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union claimed in its petition that the appropriate unit should consist of all production and maintenance employees, excluding supervisory employees, office and clerical employees, outside truck drivers, and watchmen. At the hearing, the Union clarified its position by stating that it desired to limit the term "supervisory employees" to those who de- -vote full time to supervisory work and that it wished to include .working foremen within the appropriate unit. The Company, while taking no position with respect to the appropriate unit, stated that it had no objection to the inclusion of working foremen. In the absence of any dispute on the subject, and since the only union in- volved apparently admits to membership the working foremen, we shall include them within the appropriate unit.' There is no dispute respecting the requested exclusion of office and clerical employees, outside truck drivers; and watchmen. We see no reason for departing from our usual custom of excluding office and clerical employees from a unit of production and maintenance 1 The Trial Examiner stated that the Union had presented 57 signed application cards, of which 2 were dated December 1941 and the rest undated . The names on 52 of the cards were the names of persons on the Company ' s pay roll of March 14 , 1942 , There are ap- proximately 101 employees in the appropriate unit. 2 See Matter of Burton-Dixie Corporation and Furniture, Bedding & Allied Trade Workers Union, Local 92, CIO, 36 N . L. R B. 322; Matter of Savannah Electric and Power Co and International Brotherhood of Electrical We, kers, 38 N L. R. B. 47; Matter of The Parrafine Companies, Inc. and United Welders, Cutters & Helpers of America, 38 N. L. R B. 118 3 The Company 's trucking work is performed pursuant to contract by a number of con- cerns , including one individual who owns his own truck and devotes all his time to truck- ing for the Company. This person is not on the Company ' s pay roll and no claim is made that he is an employee of the Company. FRED A. SNOW COMPANY 403 employees. It appears that the watchmen have not been organized by the Union. These three groups will, therefore, be excluded from the appropriate unit. We find that all.production and maintenance employees of the Company including working foremen, but excluding -Supervisory employees other than working foremen, office and clerical employees, outside truck drivers, and watchmen, constitute a unit appropriate for the purposes of collective bargaining, and that such unit will insure to employees of the Company the full benefit of their right to self organization and to collective bargaining and otherwise will effectu- ate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. There is pending before the Board a proceeding 4 against the Com- pany upon charges alleging unfair labor practices, including, among other things, the alleged discriminatory discharge of one Henry Jones. The Union, however, desires an early election and has for- mally waived the right to protest an election in this case on any ground set forth in that proceeding. Accordingly, we shall not post- pone the election pending a determination of the unfair labor prac- tice charges. In the event that the Company is hereafter found to have engaged in an unfair labor practice in discharging Henry Jones and the Board orders his reinstatement, his continuing employee status will have been established. We shall, therefore, in accordance with our usual practice in this respect," permit Jones to cast his ballot in the election. However, his ballot shall be segregated and we shall defer ruling as to its validity. The Union requests that eligibility to vote be determined by refer- ence to, the last pay roll preceding the date of the hearing. The Company requests that the usual policy of the Board be followed. We see no reason in this case to depart from our usual practice, and we shall therefore direct that the employees eligible to vote shall be those in the appropriate unit who were employed during the pay-roll period immediately preceding our Direction of Election herein, sub- ject to the limitations and additions set forth. in the Direction. Upon the basis of the above, findings of fact and upon the entire record in the case, the Board makes the following : I 4 Matter of Fred A. Snow Company and International Union, United Automobile, Air- craft and Agricultural Workers of America, affiliated with the C. I. 0., (Case No. XIII- C-1643). 6 See Matter of Ford Motor Company , a Delaware corporation and International Union, United Automobile Workers of America, affiliated with the C 1 0, 30 N . L R B 985 404 DECISIONS OF -NATIONAL LABOR RELATIONS BOARD CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of F-red A.-Snow Company, Chicago, Illinois, within the meaning of Section 9 (c) and Section, 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company including working foremen, but excluding supervisory, employees other than working foremen, office and clerical employees, outside -truck drivers, and watchmen, constitute -a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9- (b) of the National Labor Relations Act. 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 Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to, ascertain representatives for the purposes of collective bargain- ing with Fred A. Snow Company, Chicago, Illinois, an election by secret ballot shall be conducted as early as possible 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 Labor Relations Board and subject- to Article III, Section 9, of said Rules and Regulations, among all production and maintenance employees of the Company who were employed during the pay-roll period immediately'preced- ing the date of this Direction- of Election, including working fore- men and any such employees who did not work during such pay-roll period because they were ill or on vacation or in* the active military service or training of the United States, or temporarily laid off, but excluding supervisory employees other than working foremen, office, and clerical employees, outside truck drivers, and watchmen, and any who have since quit or been discharged for cause, to determine whether or not they desire to.be represented by International. Union, United Automobile, Aircraft and Agricultural Workers of America (U. A. W.-C. -I. 0.), for the purpose of collective bargaining. In the Matter of FRED A. SNOW COMPANY and INTERNATIONAL UNION] UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL ` IMPLEMENT WORKERS OF AMERICA (U. A. W.-C. I. 0.) Case No. R-3640 'CERTIFICATION OF REPRESENTATIVES May 7, 19.2 On April 10, 1942, the National Labor Relations Board issued a Decision and Direction of Election in the above-entitled proceeding' Pursuant to the Direction of Election, an election by secret ballot was conducted on April 21, 1942, under the direction and supervision of the Acting Regional Director for the Thirteenth Region (Chicago, Illinois). On April 22, 1942, the Acting Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties his Election Report. No objections to the conduct of the ballot or to the Election Report have been filed by any of the parties. As to the balloting and its results, the Acting Regional Director reported as follows : Number eligible-------------------------------------------- 108 Number of ballots cast------------------------------------- 101 Number of blank ballots------------* ----------- ------------- 0 Number of void ballots------------------------------------ 0 Number of ballots challenged not opened) ----------------- 1 Number of valid ballots counted plus unopened challenged ballots -------------------------------------------------- 101 Number of valid ballots necessary for majority--------------- 52 Number of valid ballots cast for the Union------------------ 73 Number of valid ballots cast against the Union --------------- 27 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations- Series 2, as amended, 1 40 N L R B 400 40 N. I. R B., No 67a 405 406 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IT IS HEREBY CERTIFIED that International Union, United Auto- mobile, Aircraft and ;Agricultural Implement Workers, of America, (U. A. W.-C. I. 0.), has been designated and selected by a majority of all production and maintenance employees of Fred A. Snow Com- pany, Chicago, Illinois, including working foremen, but excluding supervisory employees other than working foremen,,office and clerical employees, outside truck drivers, and watchmen, as their representative for the purposes of collective bargaining, and that, pursuant to the provisions of Section 9 (a) of the Act, International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, (U. A. W.-C. I. 0.), is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.