Lyon Metal Products, Inc.

National Labor Relations Board - Board Decisions

Aug 12, 1943

51 N.L.R.B. 1243 (N.L.R.B. 1943)

In the Matter of LYON METAL PRODUCTS, INCORPORATED and INTERNA-
TIONAL BROTHERHOOD OF BLACKSMITHS, DROP FORGERS AND HELPERS,
A. F. OF L.
Case No. R 5'755.Decided August 12, 1943
Mr. Earl D. Power, of Aurora, Ill., for the Company.
Mr. A. J. Eberhardy, of Chicago, Ill., and Mr. Gerald Wols f elt,
of Aurora, Ill., for the A. F. of L.
Mr. Albert A. Krzywonos, of Joliet, Ill., for the C. I. O.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
J
Upon petition duly filed by International Brotherhood of Black-
smiths, Drop Forgers and Helpers, affiliated with the American
Federation of Labor, herein called the A. F. of L., alleging that a
question affecting commerce had arisen concerning the representation
of employees of Lyon Metal Products, Incorporated, Aurora, 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 July 23, 1943. The Company, the A. F. of L., and Local
Union No. 1636, United Steelworkers of America, affiliated with the
Congress of Industrial Organizations, herein called the C. I. 0.,
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 opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
' At the hearing, the petition and other formal papers were amended to show the correct
name of the Company.
51 N L. R B, No. 196.
1243
1244 DECISIONS OF NATIONAL LABOR RELATIONIS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Lyon Metal Products, Incorporated, has its principal office at
Aurora, Illinois, and operates plants at Aurora and at Chicago
Heights, Illinois. The Company's plant at Aurora is the only plant
involved in this proceeding. During peacetime the Company is en-
gaged in the manufacture and sale of steel storage shelving, steel
lockers, steel shop equipment, steel fixtures, folding furniture, and
toolroom equipment. At the present time it is engaged in the manu-
facture and sale of ship parts and equipment, tank parts, airplane
parts, and mobile unit equipment.
The principal raw materials used by the Company are sheet steel,
anvils, channels, forms, paint, enamels, crating lumber; cartons, and
aluminum. During the year 1942 the Company received at its plants
raw materials valued in excess of $500,000, of which 90 percent was
shipped from points outside Illinois. During the, same period the
Company finished products at its plant valued in excess of $1,000,000,
more than 90 percent of which was shipped to points outside Illinois.
The Company admits that it is engaged in commerce, within the
meaning of the National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
International Brotherhood of Blacksmiths, Drop Forgers and
Helpers is a labor organization affiliated with the American Fed-
eration of Labor, admitting to membership employees, of the Com-
pany.
Local Union No. 1636, United Steelworkers 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
On April 27, 1943, the A. F. of L. asked the Company for recog-
nition as sole bargaining representative of the Company's employees
at the Aurora plant. On April 29, the Company refused so to recog-
nize the A. F. of L. on the ground that the C. I. O. was the bar-
gaining representative of the employees in question. On May 12,
the A. F. of L. filed the petition in this proceeding.
In July 1939 the Company recognized the predecessor of the
C. I. 0., and thereafter the C. I. 0., as sole bargaining representative
of the Company's employees at the Aurora plant. The Company
agreed to negotiate wages and grievances with the representative of
its employees, but refused to enter into any written agreement with
LYON METAL PRODUCTS , INCORPORATED 1245
the C . I. O. on ' their behalf . The Company and the C. I. O. have
from time to time conferred and exchanged written memoranda con-
cerning wages and working conditions . By arrangement between the
Company and the C . I. 0., the Company posts on its,bulletin board
notice' of contemplated changes in wage schedules , hours of work,
and other major changes in working conditions 15 days before such
changes are put into operation . As a result of its dealings with the
C. I. 0., the Company has adopted certain labor policies which it
has incorporated into a booklet distributed to its employees , entitled•
"Your Job at Lyon, Regulations and Policies Relating to Employees
and Their Work." This booklet is from time to time revised. The
booklet does not contain any recognition of, or any reference to, the
C. I. O.
The Company and the C. I. O. contend that their oral arrange-
ments and their exchange of memoranda constitute a written contract
between the Company and the C. I. O. and that such written contract
operates as a bar to a determination of representatives at this time.,
We find no merit in this contention . At best the arrangements be,
tween the Company and the C . I. O. are of indefinite duration.
Under the circumstances , we find that the bargaining arrangements
between the Company and the C. I. O. do not operate as a bar to a
determination of representatives upon the petition of a rival union
claiming to represent a majority of employees involved.2
A statement prepared by the Regional Director ' and introduced
into evidence at the hearing indicates that the A. F. of L . and the
C. I. O. each represents a substantial number of employees in the
unit herein 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 parties agree, and we find, that production and maintenance
employees of the Company at the Aurora plant, including watchmen,
truck drivers, shipping and billing clerks, matrons, janitors, high
school graduate indentured apprentices, die setters, and group lead-
2 Matter of anion Switch and Signal Company, 30 N. L. R. B. 922
a The A. F. of L. submitted 202 cards, 93 of which were undated and the remaining dated
in 1943, all of which appear to bear genuine original signatures of employees on the
Company's pay roll of May 28, 1943. Subsequently, the A F. of L. submitted 25 cards,
It undated and 14 dated in May and June 1943. These cards were not checked against
the Company's pay roll.
The C. I. 0. submitted 362 cards, 46 of which were dated in 1942, and the others in 1943,
all of which appear to bear genuine original signatures of employees on the pay roll of May
P8, 1943.
There are approximately 733 employees in the appropriate unit.
I
1246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ers 4 should be included in the bargaining unit. The parties further
agree, and we find, that superintendents, division superintendents,
foremen, assistant foremen, guards sworn into military police, em-
ployment office -clerks, and clerical employees should be excluded from
the bargaining 'unit. The C. I. 0. would "include timekeepers in the
unit. The Company and the A. F. of L. would exclude them.
The Company employs 18 timekeepers. Timekeepers work in booths
in the factory, but are not subject to factory foremen. The nature of
their work is clerical. They are salaried employees. They are bonded.
The head of the pay-roll division is their immediate, supervisor.
Timekeepers are promoted to better clerical positions in the financial
department. • Timekeepers were included in the bargaining unit be-
tween the Company and the predecessor of the C. I. 0. in 1938, at
which time they were hourly paid employees and under the supervi-
sion of production foremen. At least 1 timekeeper is presently a
member of the C. I. 0. The A. F. of L. does not admit timekeepers to
membership. The C. I. 0. has not engaged in any bargaining effort
for the timekeepers since 1939. Timekeepers are usually excluded
from bargaining units of production employees in this industry.
Under these circumstances, we shall exclude timekeepers with other
clerical employees from the bargaining unit.
We find that all production and maintenance employees of the
Company at the Aurora plant, including watchmen, truck drivers,
shipping and billing clerks, matrons, janitors, high school graduate
indentured apprentices, die setters, and group leaders, but excluding
guards sworn into military police, employment office clerks, clerical
employees, timekeepers, superintendents, division superintendents,
foremen, assistant foremen, and all supervisory employees who have
the power 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 bar-
gaining, within the meaning of Section 9 (b) of the Act.
V. 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 A. F. of L. requests that its name appear on the ballot "Inter-
national Brotherhood of Blacksmiths, Diop Forgers and Helpers,
American Federation of Labor"; the'C. I. 0., "Local Union No. 1636,
4 Group leaders supervise the work of 2 to 10 employees under them. They have the
power to reject work So far as the record discloses, group leaders have no other super-
visory authority. Our finding that they are included in the bargaining unit is predicated
upon our conclusion that they have no authority to hire, promote , discharge , discipline
or otherwise effect changes in the status of employees or effectively record such action.
LYON METAL PRODUCTS, INCORPORATED 1247
United Steelworkers of America, C.-I. O." We shall grant the
requests.
Those. eligible to vote in the election shall be all employees of the
Company in the unit found appropriate in Section IV, above, 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 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 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tatives for the purposes of collective bargaining with Lyon Metal
Products, Incorporated, Aurora, 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 super-
vision 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, Section 10, of said Rules and Regulations,
among all employees of the Company 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 of
on vacation or temporarily laid off, and including employees in the
armed forces of the United States who present themselves in person
at the polls, but excluding employees who have since quit or been
discharged for cause, to determine whether they desire to be repre-
sented by International Brotherhood of Blacksmiths, Drop Forgers
and Helpers, American Federation of Labor, or by Local Union
No. 1636, United Steelworkers of America, C. I. O., for the purposes
of collective bargaining, or by neither.
CHAIRMAN MIr ms took no part in the consideration of the above
Decision and Direction of Election.