Interstate Metal Products Co.

National Labor Relations Board - Board Decisions

Jan 10, 1941

28 N.L.R.B. 1182 (N.L.R.B. 1941)

In the Matter of INTERSTATE METAL PRODUCTS Co. and UNITED FuRNI-
TURE WORKERS OF AMERICA, LOCAL 18-B, AFFILIATED WITH THE
C.I.O.
Case No. -R-2110.Decided January 10, 1941
Investigations and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Robert R. Rissnuan, for the Board.
Edelson, Edelson, cQ Wise, by Mr. Mitchell Edelson, of Chicago, Ill.,
for the Company.
Meyers and Meyers, by MM. Ben Meyers, of Chicago, Ill., for the
United.
Mr. Samuel P. Gurmnan, of Chicago, Ill., for the Metal Workers.
Mr. Milton E. Harris, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On June 13, 1940, United Furniture Workers of, America, Local
18-B, affiliated with the Congress of Industrial Organizations, herein
called the United; filed with the Regional Director for the ,Thirteenth
Region (Chicago, Illinois) a petition, and on June 25, 1940, an
amended petition, alleging that a question affecting commerce had
arisen concerning the representation of employees of Interstate Metal
Products Co.,l herein called the Company, engaged in the design,
manufacture, sale, and distribution of^metal utility cabinets and furni-
ture specialties at Chicago, Illinois, and requesting an investigation
and certification of representatives, pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act. On
September 27, 1940, the National Labor Relations Board, herein called
the Board, acting pursuant to Section 9 (c) of the Act, and Article
III, Section 3, of National Labor Relations Board Rules and Regu-
lations=Series 2, as amended, ordered an investigation and authorized
the Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
1 Sometimes referred to in the record as Interstate Metal Products Company
28 N. L. R. B., No. 158.
1182
INTERSTATE' METAL PRODUCTS co: 1183
"On October 2, 1940, the Regional Director issued a notice of hearing
on the amended petition. Copies of the notice of hearing were duly'
served upon the Company, upon the United, and upon Sheet Metal
Workers International Association, Local 115, affiliated 'with the
American Federation of Labor, herein called the Metal' Workers.
Pursuant to notice ,2 ahearing was held at,Chicago, Illinois, from
October 11 to 19, 1940, before a Trial Examiner duly designated by
the Board. ,
On October 22, 1940, the Company filed with the Regional Director
a written motion for oral argument before the Board,3 for the inclu-
sion in the official stenographic transcript of proceedings of certain
"off-the-record" matters, and for a further period of 20 days within
which to file exceptions to s>.tch additional matters. On October 24,
1940, the Company, the United, and the Metal Workers entered into a,'
stipulation, providing in part that the parties would forthwith ex-
,ecute a stipulation for certification by the Board, upon a consent
election.
On November 6, 1940, the Company, the United,, the Metal Workers,
and an attorney for the Board entered into a "Stipulation for Certi-
fication upon, Consent Election," subject to the, approval of the
Board.4 ' On November 9, 1940, the Board issued and duly served
on the parties an order approving the aforesaid Stipulation for Certi-
fication Upon Consent Election and making it a part of the record in
this case.
Pursuant to the stipulation, an election by secret ballot was con-
ducted on, December 12, 1940, under the direction and supervision of
the Regional 'Director, acting in the matter as agent for the Board,
among 'all' the Company's employees at 4401 West Ogden Avenue and
4416 West Ogden Avenue, Chicago, Illinois, excluding office workers,
office executives, supervisory employees, non-working foremen, jani-
tors, watclilnen, truck drivers,, and truck drivers' helpers, to determine
whether said employees desired- to be represented for the purposes of
collective bargaining by the United, by the Metal Workers, or 'by
neither. On December 16, 1940, the Regional Director issued and
duly served upon the parties his Election Report on the ballot. No
objections to the conduct of the ballot or the Election Report have
been filed by any of the parties. .
I On October 9, 1940 , the Regional Director ;saved and duly served upon the parties ad
order continuing the liearing to October 11, 1940.
3 Under date of October 23, 1940, the Metal Workeis also requested oral argument before
the Board • -
4In this stipulation , the parties waived their rights to further hearing and agreed that
the petition the amended petition , the order directing investigation and hearing , the notice
of hearing , the stipulation , the notice of election , and the Election Report should consti-
tute the record of the proceeding The parties turther agreed that objections to the Elec-
tion Retort, if any, the Regional Director ' s report on the objections, if any, and 911
subsequent orders and reports made by the Regional Director should also - be included in the'
i ecord , but then e vote no objections or subsequent orders or reports.
- 1184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In his Election Report, the Regional Director reported as follows
concerning the balloting and its results :
Total number eligible------------------------------------- 243
Total ballots cast----------------------------------------- 223
Total number of ballots cast for United Furniture Workers
of America , Local 18-B, affiliated with the C . I. 0-------- 52
Total number of ballots cast for Sheet Metal Workers In-
ternational Association , Local 115 , affiliated with , the Amer-
ican Federation of Labor----------------------------- . 165
Total ballots cast for' neither -- ---------- ------------ ------ 0
,Total number of challenged ballots------------------------ 5
Total number of void ballots ------------------------------- 1
Total number of blank ballots---------------------------- 0
Upon the basis of the stipulation, the Election Report, and the
entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Interstate Metal ' Products Co., Chicago,
Illinois, within.the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act. -
2. All the Company's employees at 4401 West Ogden Avenue and
4416 West Ogden Avenue, Chicago, Illinois, excluding office workers,
office executives, supervisory employees, non-working foremen, jani-
tors, watchmen, truck drivers, and truck drivers' helpers, constitute, a
unit appropriate for the purposes of collective bargaining, within the
meaning. of Section 9 (b) of the National Labor Relations Act.
3. Sheet Metal Workers International Association, Local 115, affili-
ated with the American Federation of Labor, has been designated and
selected by a majority of the employees in the above unit as their
representative for the purposes of collective bargaining, and is the
exclusive representative of all the employees in said unit, within- the
meaning of Section 9 (a) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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,
IT IS HEREBY CERTIFIED that Sheet Metal Workers International As-
sociation, Local 115, affiliated,with the American Federation of Labor,
has been designated and selected by a majority of the employees of
Interstate Metal Products Co. at 4401 West Ogden Avenue and,4416
West Ogden Avenue, Chicago, Illinois, .excluding office workers, office
executives, supervisory employees, non-working foremen, janitors,
INTERSTATE METAL PRODUCTS CO. 1185
watchmen, truck drivers, and truck drivers' helpers, as their repre-
sentative for the purposes of collective bargaining, and that, pursuant
to the provision of Section 9' (a) of the Act, Sheet Metal Workers
International Association, Local 115, affiliated with the Americaii
Federation of Labor, is the exclusive representative of all such em-
ployees for the purposes of collective bargaining in respect to
rates of pay, wages, hours of employment, and other conditions
of employment.