Gasway Corp.

National Labor Relations Board - Board Decisions

Aug 13, 1947

74 N.L.R.B. 994 (N.L.R.B. 1947)

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.