J. D. Wallace & Co.

National Labor Relations Board - Board Decisions

May 20, 1944

56 N.L.R.B. 736 (N.L.R.B. 1944)

,In the Matter of J. D WALLACE & Co. and UNITED FARM EQUIPMENT
AND METAL WORKERS OF AMERICA, C. I. O.
Case No. 13-B-395.Decided May 20,1944,
Fyffe cC Clarke, by Mr. John Harrington, of Chicago , Ill., for the
Company.
Meyers & Meyers , by Mr. Ben Meyers, of 'Chicago, Ill., for the
Union. .
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
I
STATEMENT OF THE CASE
Upon f petition duly filed by United Farm Equipment and Metal
Workers of America, C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of J. D. Wallace & Co., Chicago, 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 April 24,
1944. 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. 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
I.1 THE BUSINESS OF THE COMPANY
J. D. Wallace & Co., an Illinois corporation with its plant and office
located in Chicago, Illinois, is engaged in the manufacture of wood-
working machinery. During the year 1943, the Company used in its
manufacturing processes steel castings, electrical motors, and miscel-
laneous materials having a value of more than $50,000. Approxi-
mately 60 percent of the castings and motors were obtained by the
Company from points located outside the State of Illinois. During
56 N. L . R. B., No. 138.
736 k
J. D. WALLACE & CO. 737
the same period, the Company sold products valued at more than
$75,000, , of which approximately 90 percent was shipped to points
located outside the State of Illinois. -
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. TIIE ORGANIZATION INVOLVED,
United Farm Equipment and Metal Workers of America is a labor
organization affiliated with the' Congress of Industrial Organizations,
admitting to membership employees 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 a Board Field 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
Both the Company and the Union agree that all production and
maintenance employees of the Company, including inspectors, but ex-
cluding foremen, supervisory employees, and office clerical employees,
constitute an appropriate Unit .2 The parties disagree -with respect to
the status of set-up men; the Union contends that they should be in-
cluded within the unit, whereas the Company contends that the status
of these employees should be passed upon by the Board.
The record indicates that the Company employs two set-up men who
spend the major portion of their time setting up machines and prepar-
ing them for operation by other employees. At one time, when the
Company operated a night shift, set-up men, were in charge of this -
shift. However, at the present time, the Company operates on one
shift, and the record clearly shows that set-up men have no responsi-
bility with respect to the hiring or-discharging of employees or the
recommending of such action. Under these circumstances, we are of
the opinion that they are not supervisory employees, and may properly
be included within an industrial unit.
I The Pield Examiner reported that the Union submitted 26 designations, of which 22
checked with the Company's pay roll, and that there are 28 employees in the unit herein-
aftei found appropriate
2 The Union, in its petition, sought the exclusion of watchmen However, the record
discloses that the Company employs no one in this, classification.
587784-45-vol. 56-48
738 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that all production and maintenance employees of the Com-
pany, including inspectors and set-up men, but excluding office clerical
employees, foremen, and all 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.
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 employ-
ees in the appropriate unit who were employed during the pay-roll,
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in, the
Direction.
DIRECTION OF, ELECTION
By virtue of and pur§uarit 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 Rela-
tions 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 J. D. -Wallace'&
Co., 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
Director for the Thirteenth Region, acting in' this matter-as agent for
the National Labor Relations' Board, and subject to Article III, Sec-
tions 10 and 11, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed 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 iii -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 de-
termine whether or not they desire to be represented by -United Farm
Equipment and Metal Workers of America, affiliated with the Con-
gress of Industrial Organizations, for the purposes of collective
bargaining., -
CHAIRMAN MILLIS took no part in the consideration of 'the above
Decision' and Direction of Election. ' . '