Gasway Corp.Download PDFNational Labor Relations Board - Board DecisionsAug 13, 194774 N.L.R.B. 994 (N.L.R.B. 1947) Copy Citation In the Matter of GASWAY CORPORATION , EMPLOYER and INTERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT No. 8, PETITIONER Case No. 13-R-4226.-Decided August 13 ,19-117 Mr. Allan W. Cook, of Chicago , Ill., for the Employer. Mr. P. L. Siemiller , of Chicago , Ill., for the Petitioner. Mr. Martin Sacks , of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Chicago, Illinois, on March 17, 1947, before Robert T. Drake, hearing officer. The hearing officer's rulings made at the hearing are free from preju- dicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER Gasway Corporation, an Illinois corporation, is engaged at its Chi- cago, Illinois, plant, in the manufacture of venetian blind machinery. During the year 1946, the Employer purchased for use at this plant materials valued in excess of $300,000, of which 10 percent represented shipments from outside the State of Illinois. During the same period, the Employer sold finished products amounting to approximately $800,000, of which 70 percent represented shipments to points outside the State. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED The Petitioner is an unaffiliated labor organization , claiming to represent employees of the Employer. 74 N. L. R. B., No. 163. 994 GASWAY CORPORATION 995 III. TIIE QUESTION CONCERNING REPRESENTATION The Employer refuses to- recognize the Petitioner as the exclusive bargaining representative of employees of the Employer 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 Employer , within the mean- ing, of Section 9 (c) and Section 2 (6) and- (7) of the Act. IV. THE APPROPRIATE UNIT The Petitioner seeks a production and maintenance unit, includ- ing group leaders and the shipping clerk, but excluding field service men, Chicago service men, draftsmen, the part-time purchasing agent, and the service parts department man. The Employer is in general agreement on the requested unit, except that it takes no position as to the inclusion in or exclusion from the unit of group leaders; and that it opposes the exclusion of the service parts department clerk. The group leaders: Until shortly before the hearing, the Employer included on its staff about 45 production and maintenance employees. At the time of the hearing, however, its working complement con- sisted of only 26 such employees; 19 other employees having been dis- charged.' Among these 26 employees are the 4 group leaders in ques- tion viz, Strom , Englehorn , Kimse, and Oscar. The record reveals that each group leader directs the work of 2 men. It shows further .that, because of the presence in the shop of the superintendent and 2 foremen who exercise close supervision over the shop personnel, the group leaders have no supervisory authority within our customary -definition of that term. Accordingly, we shall include the group leaders in the unit of production and maintenance employees. The service parts department man: The Petitioner would exclude this clerk, Vastine, on the ground that he has no community of interest' with the production and maintenance employees, whereas the Em- ployer would include him. Vastine spends half his time at his desk located in the drafting and engineering room, and the other half in the plant proper. Although he normally performs no production work, this employee is on the shop pay roll, and is hourly paid like the production and maintenance employees. He handles outside calls for parts, and directs the shipping clerk in the shipping of parts which are in stock. When the required parts are not in stock, he makes out the shop order, gives it to a group leader or foreman, and follows it through to completion . The service parts department man ' See Section V, below 996 DECISIONS OF NATIONAL LABOR RELATIONS BOARD possesses no supervisory authority, and is under the same superin- tendent as the other shop employees. It appears from the foregoing that the service parts department man serves as an expediter or shop clerk, and we shall, accordingly, include him in the unit of production and maintenance employees •2 We find that all production and maintenance employees of the Employer, including group leaders, the service parts department man, and the shipping clerk, but excluding field service men, Chicago serv- ice men, draftsmen, the part-time purchasing agent, foremen, and all other supervisory employees with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, constitute a unit appro- priate for the purposes of collective bargaining, within the meaning_ of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES . The record indicates that, shortly before the hearing, the Employer had discharged 19 production and maintenance employees, and that the Petitioner had filed unfair labor practice charges with the Board,' alleging, inter alia, that these discharges were discriminatory. The- Employer took the position, at the hearing, that the discharges were brought about by economic conditions, and were not discriminatory, and urged that, because the ballots, if cast by the 19 discharged em- ployees, would almost certainly affect the results of the election, the- instant case should be remanded to the Regional Director for the pur- pose of taking evidence on the nature of the discharges in question and the eligibility of the discharged employees to vote. 'However, subsequent to the hearing, the charges were administratively dis- missed, and Petitioner's appeal from the dismissal has been denied. Thus, we find it unnecessary to pass on the Employer's request to remand. Accordingly, we shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Gasway Corporation, 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 Direc- 2 See Matter of Domestic Engine & Pump Company, 70 N L. R B 1263. 1 Case No. 13-C-3143. GASWAY CORPORATION 997 tor for the Thirteenth Region , acting in this matter as agent for the National Labor Relations Board, and pursuant to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations- Series 4, among the employees in the unit found appropriate 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 said pay-roll period because they were ill or on vacation or temporarily laid off , and including employees in the armed forces of the United States who present themselves in person ' at the polls, but excluding those employees 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 repre- sented by International Association of Machinists , District No. 8, for the purposes of collective bargaining. 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