J. J. Tourek Manufacturing Co.

National Labor Relations Board - Board Decisions

Feb 28, 1942

39 N.L.R.B. 380 (N.L.R.B. 1942)

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In the Matter of J. J. TOURER MANUFACTURING Co. and UNITED /
ELECTRICAL, RADIO & MACHINE WORKERS` OF AMERICA, AFFILIATED
WITH THE C. I. O.
'Cage No. B-3518.-Decided February 28, 1942
Jurisdiction : screw machine products manufacturing industry.
Investigation and Certification of Representatives : existence of question : refusal
to accord union recognition until certified by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees including apprentices, but excluding guards, timekeepers, students,
office, clerical (including production clerks), engineering, and supervisory
employees; no controversy as to.
Mr. Albert J. Smith, of Chicago, Ill., for the Company.
Mr. Ernest De Maio, of Chicago, Ill., for the C. I. O.
Mr. Harry J. Guyon, of Chicago, Ill., for the Independent.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 20, 1942, United Electrical, Radio & Machine Workers
of America (C. I. 0.) herein called the C. I. 0., filed with the
Regional Director for the Thirteenth Region (Chicago, Illinois) a
petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of J. J. Tourek Manufac-
turing • Co., Chicago, Illinois, herein called the Company, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On January 27, 1942, 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 Rela-
tions Board Rules and Regulations-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.
39 N. L. R. B., No. 63.
380
J. J. TOUREK MANUFACTURING CO. / 381
On January 27, 1942, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, and
the C. I. O. Pursuant to notice, a hearing was held on February 3,
1942, at Chicago, Illinois, before William J. Isaacson, the Trial Ex-
aminer duly designated by the Chief Trial Examiner. At the hear-
ing, a motion to intervene was, made on behalf of J. J. Tourek Mfg.
Co. Employees' Independent Union, herein called the Independent,
a labor organization claiming to represent employees directly affected
by the investigation. The motion was allowed by the Trial Ex-
aminer . All parties were represented and participated in the hear-
ing. Full opportunity to examine-and cross-examine witnesses, and
to introduce evidence bearing on the issues was afforded all parties.
During the course of the hearing the Trial Examiner made several
rulings on motions and on objections to the admission of evidence.
The Board has reviewed the rulings of the Trial Examiner and finds
that no prejudicial error was committed. The rulings are hereby
affirmed.
Upon the entire record in the case, the Board makes the ' following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
J. J. Tourek Manufacturing Co. is an Illinois corporation with
its principal place of business and office at Chicago, Illinois. The
Company is engaged at its plant in, Chicago, Illinois, in the manu-
facture, sale, and distribution of screw machine products. The Com-
pany purchased during the year 1941 raw materials valued at more
that $200,000, of which raw materials over 40 percent were purchased
in interstate commerce. During the same period, the Company sold
finished products valued at more than $400,000, of which finished
products over 50 percent were sold in interstate commerce. The
Company employs approximately 250 employees. '
The Company admits that it is engaged in commerce within the
meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
United Electrical, Radio & Machine Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
J. J. Tourek'Mfg. Co. Employees' Independent Union is an un-
affiliated labor organization, admitting to membership employees of
the Company.
382 DECISIONS OF NATIONAL ,LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
Shortly before the filing of the petition herein, the C. I. 0. re-
quested recognition from the Company as the.exclusive representative
of its employees. The Company refused to grant recognition until
the C. I. 0. had been certified as such- representative by the Board.
At the hearing, there was introduced in evidence a report of the
Regional Director showing that each union represents a substantial,
number of the employees in the appropriate unit.'
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE _
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in. Section I -above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing, the C. I. 0. and the Independent stipulated that
the appropriate unit should consist of all production and mainte-
nance employees including apprentices, but excluding guards, time-
keepers, students, office, clerical, engineering, and supervisory em-
ployees. The Company took no position. All parties are agreed that
the four production clerks should be excluded as clerical employees.
In accordance with the stipulation and agreement we find that all
production and maintenance employees including apprentices, but
excluding guards, timekeepers, students, 'and office, clerical (includ-
ing production clerks), engineering, and supervisory employees, con-
stitute a unit appropriate for the purposes of collective 'bargaining.
We further find that said unit will insure to employees of the Com-
pany the full benefit of their right to self-organization and to col-
lective bargaining and otherwise will effectuate the policies of the
Act.
I The Regional Director reported that the C I. 0 had submitted 123 signed authorization
cards of which 80 were dated January 1942 and 18 undated Of the 123 cards presented,
98 contained names of persons on the Company's pay roll of February 1, 1942
The Regional Director further reported that the Independent had submitted 148 signed
membership cards, all undated , of «hnch 133 cards bore the names of persons on the
Company's pay roll of February 1, 1942.
There are approximately 200 employees in the appropriate unit
448105-42=vol. 39-26
J. J. TOUREK MANUFACTURING Co. 383
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot. The C. I. O. requests that the pay roll
for 'the period immediately prior to the filing of the petition be
used to determine eligibility; the Independent desires use of thet
pay roll immediately following the filing of the petition. We see
no' reason for departing from our usual practice, and accordingly
shall 'direct that those eligible to vote in the election shall be those
employees within the appropriate unit who were employed during the
pay-roll period immediately preceding the Direction of Election
herein, subject to limitations and additions set forth in the Direction.
CONCLUSIONS OF LAW
1. A question affecting commerce' has arisen concerning the repre-
sentation of employees of J. J. Tourek Manufacturing Co. within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act.
2. All the production and maintenance employees of J. J. Tourek
Manufacturing Company, including apprentices, but excluding guards,
timekeepers, students, and office, clerical (including production
clerks), engineering, and supervisory employees,, constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the National Labor Relations Act.
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 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that , as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with J. J. Tourek Manufacturing 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 Re-
lations Board and subject to Article III, Section 9, of said Rules and
Regulations , among all the production and maintenance employees
of the Company who were employed during the pay-roll period im-
mediately preceding the date of this Direction of Election , including
384 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
apprentices and those employees who did not work during such pay-
roll period because they were ill or on vacation or in the active
military service or training of the United States, or temporarily laid
off, but excluding guards, timekeepers, students, and office, clerical
(including production clerks), engineering, and supervisory em-
ployees and those who have since quit or been discharged for cause,
to determine whether they desire to be represented by United Electri-
cal, Radio & Machine Workers of America (C. I. 0.), or by J. J.
Tourek Mfg. Co. Employees' Independent Union, for the purposes of
collective bargaining, or by neither.
CHAIRMAN M=s took no part in the consideration of the above
Decision and Direction of Election.
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