Greenlee Bros. & Co.

National Labor Relations Board - Board Decisions

Nov 30, 1943

53 N.L.R.B. 1042 (N.L.R.B. 1943)

In the Matter of GREENLEE BROS . & COMPANY and UNITED ELECTRICAL,
RADIO, & MACHINE WORKERS OF AMERICA , LOCAL 1153, CIO
Case No. 13-B-1957.-Decided November 30, 1943
Messrs. Pope d Ballard, by Mr. C. R. Kaufman, of Chicago, Ill.,
for the Company.
Mr. Robert Kirkwood, of Chicago, Ill., and Mr. E. V. Roose, of Rock-
ford, Ill., for the Union.
Mr. Joseph W. Kulkis, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio & Machine
Workers of America, Local 1153, CIO, herein called the Union, alleg-
ing that a question affecting commerce had arisen concerning the repre-
sentation of employees of Greenlee Bros. & Company, Rockford, Illi-
nois, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Robert
T. Drake, Trial Examiner. Said hearing was held at Rockford, Illi-
nois, on November 6, 1943. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. The parties were
afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Greenlee Bros. & Company, an Illinois corporation, operates a
plant in Rockford, Illinois, where it is engaged in the manufacture
and sale of woodworking machinery, woodboring bits, chisels, machine
tools, carpenters' tools and grey iron castings. During the year
53 N. L. B. B., No. 194.
1042
GREENLEE BROS. & COMPANY 1043
ending October 31, 1943, the Company purchased more than $500,000
worth of pig iron, coke, coal, foundry sand and stone, steel, and
lumber. Of these materials, approximately 40 percent of the pig
iron was transported to the Company's plant from points outside the
State of Illinois. Approximately 85 percent of the coke, 75 percent
of the foundry sand, 65 percent of the steel, and all of the foundry
stone and lumber were also transported to the Company's plant from
points outside the State of Illinois. During the same period, the
Company sold more than $3,000,000 worth of products, approximately
85 percent of which was shipped to points outside the State of Illinois.
The Company admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America, Local
1153, is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about July 29, 1943, the Union requested the Company to
recognize it as the exclusive bargaining representative of the em-
ployees within an alleged appropriate unit. The Company refuses
to accord the Union such recognition unless and until the Union is
certified by the Board.
The Company contends that a prior consent election 1 should con-
stitute a bar to this proceeding. We have heretofore found that a
consent election held under Board auspices in which no bargaining
representative was chosen does not constitute a bar to a current de-
termination sought by the same petitioner when the petitioner has
procured substantial additional designations in the proposed unit 2
The union has now submitted additional designations indicating an
apparent majority representation and demonstrated a substantial
interest in this proceeding. Accordingly, we find that. the prior con-
sent election does not constitute a bar to this proceeding.
A statement of the Regional Director of the Board, introduced
into evidence at the hearing, indicates that the Union represents it
substantial number of employees within the unit hereinafter found
to be appropriate.3
Case No. 13-R-1631. The Union failed to demonstrate a majority status and the
petition was dismissed.
See Matter of Chrysler Corp., 37 N. L. R. B. 877; Matter of New York Central Iron
Works, 37 N. L. R. B. 894; Matter of Detroit Nut Company, 39 N. L. R. B. 739.
3 The report of the Regional Director shows that the Union submitted 690 authorization
cards bearing apparently genuine signatures ; 445 of the cards bear names appearing on the
October 30, 1943, pay roll of the Company, which contains the names of 971 persons within
the alleged appropriate unit.
1044 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a.question . affecting commerce has - arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of, the Act.
IV. THE APPROPRIATE UNIT
We find, substantially in accordance with the stipulation of the
parties, that all' hourly paid production and maintenance employees,
excluding office and clerical'einployees,' salaried employees, watchmen,
guards, assistant foremen, foremen, assistant superintendents, super-
intendents, 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 (b) of the Act.
i
V. THE DETERMINATION OF REPRESENTATIVES,
We shall direct that' the •question 'concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately. preceding the date ofithe Direction of
Election herein, subject to the 'limitations and additions set forth
in the Direction.4
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 '9, of National Labor
Relations Board Rules and Regulations=Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Greenlee Bros. &
Company, Rockford,'Illinois, an election by secret ballot shall be con-
ducted 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, Sections 10 and 11, of said' Rules and ' Regulations, 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 tempo-
The Union requested that it be designated on 'the ballot as "United Electrical , Radio &
Machine Workers of America , CIO." This request is hereby granted. '"
GREENLEE BROS. & COMPANY 1045
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but
excluding any who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of election, to
determine whether or not they desire to be represented by United
Electrical, Radio & Machine Workers of America, CIO, for the pur-
poses of collective bargaining.