Haffner-Thrall Car Co.

National Labor Relations Board - Board Decisions

Apr 24, 1945

61 N.L.R.B. 703 (N.L.R.B. 1945)

In the Matter of A. J. THRALL, W. C. HAFFNER AND M. E. THRALL,
PARTNERS, D/B/A HAFFNER-THRALL CAR COMPANY and UNITED
CONSTRUCTION WORKERS, AFFILIATED WITH UNITED MINE WORKERS
OF AMERICA
Case No. 1.5-R-2875.-Decided April 94,194,5
Mr. W. C. Haffner, of Chicago Heights, Ill., for the Company.
Messrs. Floyd T. Higgins and Robert L. Meyers, of Chicago Heights,
Ill., for the Union.
Mr. Bernard Goldberg, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Construction Workers, affili
ated with United Mine Workers of America, herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of A. J. Thrall, W. C. Haffner and M. E.
Thrall, partners d/b/a Haffner-Thrall Car Company, Chicago
Heights, Illinois, 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
Chicago, Illinois, on March 30, 1945. The Company and the Union
appeared and participated. All parties 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.
All parties were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Haffner-Thrall Car Company is a copartnership engaged in build-
ing, rebuilding, and repairing railroad freight cars at its plant in
61 N. L. It. B., No. 111.
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704 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Chicago Heights, Illinois. During the calendar year 1944 the Com-
pany purchased for use in its operations raw materials valued at more
than $60,000, of which 60 percent was shipped to the plant from points
outside tha State of Illinois. During the same period the Company's _
sales exceeded $100,000, of which 90 percent was transported out of
the State of Illinois.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Construction Workers, affiliated with the United Mine Work-
ers of America, is a labor organization admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees until the Union
has been certified by the Board in an appropriate unit.
A statement of the Trial Examiner, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.'
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
The Union seeks a unit of all production and maintenance em-
ployees, including the watchmen, but excluding the. leadmen, clerks,
and supervisory personnel. The Company contends that all em-
ployees, excluding the partners should be in the unit. The Company
would include and the Union exclude the employees discussed here-
inafter.
The Company employs one foreman, Brockman, who supervises the
activities of from 20 to 25 employees and has the power to hire and to
discharge his subordinates. Since he is clearly a supervisory employee,
we shall exclude him from the unit.
The leadman, Stocchi, devotes all of his time to production work
including the inspection of completed cars. He usually instructs new
employees on the job but otherwise does not direct the work of any
employees. He has no power either to hire or discharge or otherwise
I The Trial Examiner reported that the Union submitted 14 membership cards, 12 of
which were dated between November 10, 1944, and February 25, 1945, and 2 of which
were undated , and that there were 28 employees in the unit petitioned for.
HAFFNER-THRALL CAR COMPANY 705
make recommendations which may affect the status of any of his fellow
employees. We find that the leadman is not a supervisor within the
Board's definition and we shall, therefore, include him in the unit.
The Company employs one girl clerk in its plant office building,
which is separate from the plant building, to do office work including
timekeeping, and another girl clerk in its Chicago office. Neither of
these clerks works in the plant, and we shall, in accordance with our
practice, exclude both from the unit as office clerical employees. The
Company also employs a general all-around man, Frank Kreger, who
works in both the plant and office at various jobs, including storekeep-
ing, unloading of trucks, receipt of materials, etc. We are of the
opinion that his interests are more closely linked to those of produc-
tion employees than to office employees; we shall include him.2
We find that all production and maintenance employees of the Com-
pany 3 at its Chicago Heights, Illinois, plant, including watchmen and
leadmen, but excluding office clerical employees, foremen, and all other
supervisory employees with authority to hire, promote, discharge, dis-
cipline, 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.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with A. J. Thrall, W. C.
Haffner and M. E. Thrall, partners d/b/a Haffner-Thrall Car Com-
pany, Chicago Heights, 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
2 Matter of Kearney R Trecker Corporation, 60 N. L R. B. 148.
3 This includes Frank Kreger.
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706 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
the said pay-roll period because they were ill or on vacation or tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding any who have since quit or been discharged for cause and have
not been rehired or reinstated prior to the date of the election, to deter-
mine whether or not they desire to be represented by United Construc-
tion Workers, affiliated with United Mine Workers of America, for
the purposes, of collective bargaining.