Fresh'nd-Aire Co.

National Labor Relations Board - Board Decisions

Jan 22, 1947

72 N.L.R.B. 236 (N.L.R.B. 1947)

In the Matter of J. W. ALSDORF AND A. N. PRITZKER , GENERAL PART-
NERS OF LIMITED PARTNERSHIP , DOING BUSINESS AS FRESII 'ND-AIRS
COMPANY, EMPLOYERS and UNITED ELECTRICAL , RADIO & MACHINE
WORKERS OF AMERICA, C. I. 0., PETITIONERS
Case No. 13-R-3762.-Decided January 22, 1947
Mr. Stanford Clinton, of Chicago, Ill., for the Employer.
Mr. Leo Turner, of Chicago, Ill., for the Petitioner.
Mr. Ralph Winkler, of counsel to the Board.
DECISION
AND
DIRECTION
Upon a petition duly filed, the National Labor Relations Board on
July 31, 1946 , conducted a prehearing election among employees of the
Employers in the alleged appropriate unit, to determine whether or
not they desired to be represented by the Petitioner for the purposes of
collective bargaining.
At the close of the election , a Tally of Ballots was furnished the
parties . The Tally shows that there were approximately 41 eligible
voters, of whom 16 voted for the Petitioner , 16 against the Petitioner,
and 3 under challenge.
Thereafter , a hearing was held at Chicago , Illinois, on August 22,
23, and 26, 1946 , before Erwin A. Peterson , hearing officer. The
hearing officers rulings made at the hearing are free from prejudicial
error and are hereby affirmed. The Employers ' request for oral agu-
ment is denied inasmuch as the record , in our opinion , adequately
presents the issues and position of the parties.
Upon the entire record in the case, the National Labor Relations
Board makes the following:
FINDINGS OF FACT
1. TILE BUSINESS OF TIIE EMPLOYERS
J. W. Alsdorf and A. N. Pritzker, general partners of limited part-
nership, doing business as Fresh'nd-Aire Company, operate a plant in
Chicago, Illinois, where they are engaged in the manufacture of elec-
trical air circulators. The Employers annually purchase outside the
72 N. L. R. B., No. 45.
236
FRESH 'ND-AIRE COMPANY 237
State of Illinois raw materials having a value in excess of $100,000;
they annually ship outside the State finished products valued in excess
of $250,000.
The Employers admit and we find that they are engaged in com-
merce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations , claiming to represent employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employers refuse to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employers until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employers, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties agree that all the Employefs' production and mainte-
nance employees, excluding office and clerical employees and all super-
visory employees constitute an appropriate unit.
Two voters, Frank Ingers and William Cada, were challenged by
the Petitioner on the grpund that they are supervisory employees.
Ingers in effect occupies the position of assistant superintendent. At
the hearing, the Employers conceded that Ingers is a supervisory em-
ployee within the Board's definition and, accordingly, we shall exclude
hint from the unit.
Cada is one of four strawbosses or working foremen employed by
the Employers. Three of these strawbosses work entirely on the day
shift. Cada, however, divides his time between the clay shift and the
night shift. Asa day shift employee for 4 hours each day, he performs
regular production work. As a night shift employee for 4 hours
each night, he is in charge of approximately nine employees. He
assigns work to these subordinates, directs then in their work, and
trains new employees. But he spends the greater part of his entire
time on the night shift in ordinary production work. Whenever
difficulties arise on the night shift Cada telephones to the superintend-
ent for advice. The Petitioner concedes that the strawbosses who
work entirely on the day shift are not supervisory employees. It
urges that Cada's position is different because he is in complete charge
of the night shift. However, both Cada and the superintendent
testified without contradiction that the former, like the other straw-
238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
bosses, has no power to change or effectively to recommend a change
in the status of his night shift subordinates.' Accordingly, we find
that Cada is not a supervisory employee within the Board's definition.
We shall include him in the unit.
We find that all the Employer's production and maintenance em-
ployees excluding office and clerical employees, the superintendent
and assistant superintendent, and all other supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (a) of the Act.
V. TILE DETERMINATION OF REPRESENTATIVES
Benjamin Mound's ballot was challenged by the Employers on the
ground that he was not an employee of the Employers on the day of
the election and, therefore , not eligible to vote. Mound was hired
by the Employers on June 12 , 1946. He had contracted malaria while
in the Army and a recurrence of the illness caused him to lose 3 days'
work in the latter part of that month. Upon his return , he worked
until July 5 when lie suffered another attack. He never thereafter
worked for the Employers . However, on July 12, he called at the
plant to pick up his salary check for the preceding week. In a con-
versation with the superintendent , Mound explained his illness and
the superintendent suggested that Mound return to work on July 15
if he felt well enough to do so. Mound did not-again communicate
with the Employers until July 31, the morning of the election. On
that day he reported to the superintendent who informed Mound
that because of a shortage of, material there was no work for him.
The superintendent did, however , suggest that Mound report back
on the following Monday, August 5. Mound reported back on
August 5 but the superintendent informed him that there was no
work for him. Mound thereafter found a job elsewhere and is no
longer interested in returning to work for the Eunployers.
The pay -roll period ending July 10, 1946, was the eligibility date
of the prehearing election held on July 31, 1946 , with the election
rules providing , inter aiiia, that employees who were ill during said
pay-roll period would be permitted to vote and that employees whose
employment had been severed since that pay-roll date would not be
eligible to vote. The evidence shows that Mound 's name did in fact
1 Cada once discovered an employee stealing company property The employee had pre-
viously submitted his resignation to the Employers and Cada requested that he quit his
employment immediately-a day earlier than was contemplated-in order to save the em-
plovee the embarrassment of having Cada report the matter to his own supervisor. We do
not consider this incident as establishing Cada's authority to discharge employees
FRESH'ND-AIRE COMPANY 239
appear upon the aforestated pay-roll list and that while he was
absent from work after said period his absence was occasioned by
illness rather than by separation from employment. Under these
circumstances we find that Mound was in the Employers' employ on
July 31, 1946, and was, therefore, eligible to vote in the election of
that date.'
Inasmuch as we have found that William Cada is included in the
appropriate unit and Benjamin Mound was an employee of the
Employers on the day of the election, we find that both these em-
ployees were eligible to vote in the election. Accordingly, the chal-
lenges to their ballots are hereby overruled. We have found that
Frank Ingers is a supervisory employee. Accordingly, we hereby
sustain the challenge to his ballot. Inasmuch as the ballots of Cada
and Mound may affect the results of the election, we shall direct that
the Regional Director open and count the challenged ballots of these
two voters. '
DIRECTION
As part of the investigation to ascertain representatives for the
purposes of - collective bargaining with J. W. Alsdorf and A. N.
Pritzker, general partners of limited partnership, doing business as
Fresh'nd-Aire Company, Chicago, Illinois, the Regional Director for
the Thirteenth Region shall, within ten (10) days from the date of
this Direction, open and count the challenged ballots of William Cada
and Benjamin Mound and shall prepare and cause to be served upon
the parties a Supplemental Tally of Ballots including therein the
count of said challenged ballots.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction.
2 Matter of Republic Steel Corporation, 64 N L R B. 387, 391.
731242-47-vol 72-17