Lyon Metal Products, Inc.

National Labor Relations Board - Board Decisions

Jul 17, 1945

62 N.L.R.B. 1350 (N.L.R.B. 1945)

In the Matter of Lvox METAL PRODUCTS , INCORPORATED and UNITED CON-
STRUCTION WORKERS, U. M. W.
Case No. 13-R-2941.-Decided July 17, 1945
Mr. Erwin W. Roemer, of Chicago, Ill., and Messrs. Earl D. Power and
Neal Ormond, of Aurora, I11., for the Company.
Mr. Milton Hodson, of Hammond, Indiana, and Messrs. Robert L.
Meyers and Donald P. Cheever, of Chicago Heights, Ill., for the U. M. W.
Mr. Raymond Sarocco, of Harvey, Ill., and Mr. Charles A. Ryan, of
Aurora, Ill., for the C. I. O.
Mr. Joseph D. Manders, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Construction Workers, U. M. W.,
herein called the U. M W., alleging that a question affecting commerce had
arisen concerning the representation of employees of Lyon Metal Products,
Incorporated, Chicago Heights, Illinois, herein called the Company, the
National Labor' Relations Board provided for an appropriate hearing upon
due notice before Benjamin B. Salvaty, Jr., Trial Examiner. Said hearing
was held at Chicago, Illinois, on May 15, 1945. The Company, the U. M. W.,
and the United Steelworkers of America, CIO,' 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 issue,. At the close of the hearing, the C. I. O. moved to dismiss the
petition on the ground that the unit which the U: M. W. has requested is
inappropriate For reasons stated in-Section IV, infra, the motion is denied.
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.
i The motion of the C I. 0 to intervene was granted at the commencement of the hearing.
62 N. L R B., No. 183.
1350
LYON METAL PRODUCTS, INCORPORATED 1351
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Lyon Metal Products, Incorporated, is an Illinois corporation with its
general offices in Aurora, Illinois. It operates manufacturing plants in
Aurora, Illinois, and Chicago Heights, Illinois; the Chicago Heights plant
is the sole plant involved in the instant proceeding. The Company manufac-
tures and sells such peacetime products as storage shelving, steel lockers,
steel shop equipment, store fixtures, folding furniture and toolroom equip-
ment. At the present time it is engaged in the manufacture and sale of such
war products as ship parts and equipment, landing mats, airplanes, subma-
rine assemblies, tank parts, mobile units equipment, and equipment for over-
seas bases. The principal raw materials presently used by the Company are
sheets, steel, angles, channels, forms, paints, enamels, crating lumber, car-
tons and aluminum. During the calendar year 1944, the Company pur-
chased raw materials valued in excess, of $500,000, approximately 90 percent
of which was shipped from points outside the State of Illinois. During the
same period, the Company manufactured products, valued in excess of
$1,000,000, approximately 90 percent of which was shipped to points out-
side the State of Illinois.
The Company concedes that its operations at the Chicago Heights plant
affect commerce within the meaning of the National Labor Relations Act,
and we so find
II. THE ORGANIZATIONS INVOLVED
United Construction Workers, affiliated with the United Mine Workers,
is a labor organization admitting to membership employees of the Company.
United Steelworkers of America, affiliated with the Congress of Indus-
trial Organizations, is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the U. M. W. as the
exclusive bargaining representative of the employees in the alleged appro-
priate unit until the U. M. W. has been certified by the Board in an appro-
priate unit.
A statement of a Board agent, introduced into evidence at the hearing,
indicates that U. M. W. represents a substantial number of employees in
the unit hereinafter found appropriate?
The Field Examiner reported that thee U M W submitted 273 application cards, 259 of which
bore apparently genuine original signatures of persons appearing on the Company's pay roll of
April 19, 1945, which contained the names of 347 employees in the unit hereinafter deemed appro.
priate; and that the application cards were dated in November 1942, October 1943, February, March,
1352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of Sec-
tion 9 ( c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The U. M. W. contends that all production and maintenance employees
at the Chicago Heights plant of the Company, including watchmen, shipping
and billing clerks, matrons, janitors, apprentices, die setters, and group
leaders, but excluding militarized guards, employment office clerks, clerical
employees, timekeepers, superintendents, division superintendents, fore-
men, assistant foremen, and all other supervisors who fall within the Board's
customary definition, constitute an appropriate unit. The C. I. O. initially
stipulated that the above unit was appropriate, but at the close of the hearing
contended that a unit composed of the employees of both the Chicago
Heights and Aurora plants was the only appropriate unit. As an alternative,
the C. I. O. further urged that in the event it wins an election held solely
at the Chicago Heights plant, it should then be accorded the privilege of con-
solidating the unit of said plant with the unit already in existence at the
Aurora plant.' The Company is in substantial agreement with the unit pro-
posed by the U. M. W., but indicates that it would prefer a two-plant unit
on the ground of "convenience."
The Chicago Heights plant, which is 46 miles from the Aurora plant,
began operations in 1908. With the exception of an abortive attempt to ini-
tiate collective bargaining at the Chicago Heights plant in 1937,' there has
been no endeavor to organize the employees at said plant prior to the organi-
zational activities of the U. M. W. On the other hand, the Company and the
C. I. O. have been engaged in collective bargaining at the Aurora plant since
1934.' All functional operations affecting both plants are performed at the
Aurora plant.' Labor policies governing the two plants are also formulated
at Aurora.' However, each plant has its own superintendent and foremen
April, September, October, and November of 1944, and January , February, March, and April of
1945 ( Sixteen application cards were undated )
The C. I 0 submitted 68 application cards , 23 of which bore apparently genuine original signa-
tures of persons appearing on the Company 's pay roll of April 19, 1945. The application cards were
dated in October 1943, February, September , October, and November of 1944 (Two application
cards were undated )
3 See Matter of Lyon Metal Products, Incorporated , 51 N L. R B 1243
4 At that time, the Company refused to extend recognition to the C I 0 without a prior Board
certification Shortly thereafter , attempts to initiate collective bargaining ceased.
5 In Matter of Lyon Metal Products, Incorporated , supra , the C I 0 petitioned for a unit limited
to the employees at the Aurora plant . Subsequent Board certification resulted in a collective bar-
gaining agreement which began on March 15 , 1945 , and continues in effect for an indefinite term,
but contains a 30-day "escape" clause
6 Such plant contains , inter olio, the general offices, pin chasing, time study, and standards and
methods departments 0
7 All changes in hours, wages and working conditions achieved through collective bargaining with
the C. I 0 and made applicable to the Aurora plant were voluntarily introduced by the Company
in the Chicago Heights plant.
LYON METAL PRODUCTS, INCORPORATED 1353
who are responsible to the vice president in charge of production, located at
Aurora. The Company maintains a separate pay roll for the Chicago
Heights plant. Each plant produces a different and distinct product, and in
addition thereto, the facilities at the Chicago Heights plant are capable of
turning out fully processed and fiiuslned products.' There is no interchange
of employees between the two plants! During normal times the Chicago
Heights plant hired its own personnel, but due to the manpower shortage
the hiring of employees for either plant is not limited to a particular locale
at present.
Under these circumstances, we are of the opinion that the employees in
the Chicago Heights plant are a distinct cohesive group and capable of func-
tioning as a separate unit for purposes of collective bargaining.19
As to the composition of the unit the parties are in agreennent. At the
hearing, evidence was introduced with respect to a number of occupational
categories, including group leaders and apprentices
The number of group leaders varies with the nature of the production
set-up. Group leaders devote approximately 90 percent of their time to the
performance of manual tasks ; their remaining time is spent instructing the
employees with whom they work. They receive a higher rate of pay when
serving in the capacity of a group leader, but when a specific job is com-
pleted they may immediately revert to the status of an ordinary production
employee with a corresponding decrease in wages. The Company states-that
such employees do not exercise supervisory authority. We shall, accord-
ingly, include the group leaders in the bargaining unit."
In conformance with the Government program, the Company hires high
school graduates in the capacity of apprentices, and trains them in various-
types of machine work for a period of 4 years. At the time of the hearing,
the Company did not employ any apprentices, but the parties agreed to in-
clude said apprentices if employed by the Company at the time all election is
directed. We shall include apprentices in the appropriate unit.
We find that all production and maintenance employees at the Chicago
Heights plant of the Lyon Metal Products, Incorporated, including watch-
men,'2 billing clerks, matrons, janitors, apprentices, die setters, and group
leaders, but excluding office and clerical employees, militarized guards,
timekeepers, superintendents, foremen, assistant foremen, and all other
supervisory employees with authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees, or effectively reconn-
8 However, in some instances , small items manufactured at the Aurora plant are used in the assem-
bly of the main product at the Chicago Heights plant
9 A company witness testified that the employees at the Chicago Heights plant ale quite reluctant
to be transferred to the Aurora plant.
10 See Matter of The Prosperity Company, Inc. 55 N L R B. 350, Matter of Hannifin Manu-
facturing Company, 61 N L R B 965
11 See Alatte, of Palmer-Bce Co , 60 N L R B 972
12 Such employees are neither militarized , nor armed
1354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mend 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 employees 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 limita-
tions and additions set forth in the Direction"
It appears that the Company employs approximately 13 part-time work-
ers at the Chicago Heights plant. They work a scheduled 4 hours per night
and average approximately 24 hours per week." Their rates of pay, duties,
and other working conditions are similar to those of full-time employees.
The U. M. W. and the C. I. O. desire their exclusion from the list of eligible
voters, the Company contends for their' eligibility. We are of the opinion
that these regular part-time employees devote a substantial amount of time
to the performance of their tasks at the Chicago Heights plant and derive
therefrom a substantial interest in the wages, hours, and working conditions
which there prevail. We, therefore, find that the Company's part-time em-
ployees are eligible to vote 15
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 representatives
for the purposes of collective bargaining with Lyon Metal Products, Incor-
porated, Chicago Heights, Illinois, an election by secret ballot shall be con-
ducted 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 Direc-
tor 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, and the determination as to part-time em-
ployees set forth in Section V, above, among the employees in the unit found
appropriate in Section 1V, above, who were employed during the pay-roll
period immediately preceding the date of this Direction, including employ-
ees who did not work during the said pay-roll period because they were ill
13 The request of the U. M. W. to be designated on the ballot in a manner other than as set forth
in the Direction of Election is hereby referred to the Regional Director.
14 The turnover of both part- time employees and full -time employees amounted to 3.6 for the month
of April 1945
15 See Matter of Grays Harbor Pee-Fab Company, 52 N. L R. B. 799.
LYON METAL PRODUCTS, INCORPORATED 1355
or 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 those employees who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether they desire to be represented by United Con-
struction Workers, U. M. W., or by United Steelworkers of America,
C 1. 0., for the purposes of collective bargaining, or by neither.