Matthiessen & Hegeler Zinc Co.

National Labor Relations Board - Board Decisions

Jul 10, 1947

74 N.L.R.B. 480 (N.L.R.B. 1947)

In the Matter of MATTHIESSEN & HECELER ZINC COMPANY, EMPLOYER
and M & H ZINC WORKERS UNION, LOCAL No. 80, IUMSWA (CIO),
PETITIONER
Case No. 13-R-4388.-Decided July 10, 1,947
Cassels, Potter ct Bentley, by Mr. Richard H. Merrick and Messrs.
C. R. MacBrayne and L. J. Johns, of Chicago, Ill., for the Employer.
Messrs. Leon Despres and Frank Gerace, of Oglesby, Ill., for the
Petitioner.
Mr. John R. Gallagher, of La Salle, Ill., for the Intervenor.
Mr. Stanley Segal, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at La Salle,
Illinois, on May 28, 1947, before Robert Ackerberg, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Upon the 'entire record in the case, the National Labor Relations
Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Matthiessen & Hegeler Zinc Company is an Illinois corporation with
its principal place of business and only plant located in La Salle,
Illinois, where it is engaged in the smelting and fabricating of zinc.
The Employer annually purchases raw materials valued in excess of
$1,000,000, of which approximately 90 percent is purchased from
points outside the State of Illinois. It annually sells finished products
valued in excess of $1,500,000, of which approximately 50 percent is
shipped to points outside the State.
The Employer admits and we find that it is engaged in commerce
-within the meaning of the National Labor Relations Act.
74 N L. R. B, No. 87.
480
0
MATTHIESSEN & HEGELER ZINC COMPANY
II. THE ORGANIZATIONS INVOLVED
481
The Petitioner, M & H Zinc Workers Union, Local No. 80, Indus-
trial Union of Mamie and Shipbuilding Workers of America, is a
labor organization affiliated with the Congress of Industrial Organ-
izations, claiming to represent employees of the Employer.
Local No. 80, International Union, Mine, Mill & Smelters Workers,
herein called the Intervenor, is a labor organization affiliated with the
Congress of Industrial Organizations, claiming to represent employees
of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of'Section 9 (c) and Section 2 (6) and (7) of the Act.'
IV. THE APPROPRIATE ]UNIT
In substantial accordance with the agreement of the parties, Ave find
that all production and maintenance employees of the Employer,
excluding office and clerical employees, full-time weighinen, watch-
men, laboratory employees, foremen, assistant foremen, working fore-
man, and all other supervisory employees, constitute a unit appropri-
ate 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, subject to the
limitations and additions set forth in the Direction.
The Petitioner desires to appear on the ballot as "M & H Zinc
Workers Union, Local No. 80, I. U. M. S. W. A. (CIO)." The Inter-
venor desires to appear on, the ballot as "Local No. 80, International
Union of Mine, Mill and Smelter Workers, CIO." The Petitioner
objects to the Intervenor's proposed designation, insofar as it contains
the words "Local No. 80," claiming that the members of Local No. 80
'None of the pasties specifically contends that it 1946 contract between the Employer
and the Intervenor constitutes a bar to the proceeding, nor could such a contention be
validly advanced, inasmuch as the petition in this case was filed before the 1947 effective
date of the automatic renecial clause of the agreement.
6
482 DECISIONS OF NATIONAL LABOR RELATIONS BOAR])
properly disaffiliated from, and returned their charter to, Interna-
tional Union of Mine, Mill and Smelter Workers, CIO; and that they
thereafter affiliated with, and received a charter as Local No. 80 from,
Industrial Union of Marine and Shipbuilding Workers of America,
CIO. We shall designate the Intervenor on the ballot in the form
it desires, and we shall place the Petitioner on the ballot under its full
name: "M. & H. Zinc Workers Union, Local No. 80, Industrial Union
of Marine and Shipbuilding Workers of America, CIO." The words
"Industrial Union of Marine and Shipbuilding Workers of America"
in the Petitioner's designation, and the words "International Union
of Mine, Mill and Smelter Workers" in the Intervenor's designation,
should eliminate confusion if conspicuously printed on the ballot, and
thereby clearly indicate to the voters the identity of the competing
labor organizations.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pilr-
poses of collective bargaining with Matthiessen & Hegeler Zinc Com-
pany, La Salle, 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 Sections 203.55
and 203.56, of National Labor Relations Board Rules and Regula-
tious-Series 4, among the employees 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
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 election, to determine whether they desire to
be represented by Al. & H. Zinc Workers Union, Local No. 80, Indus-
trial Union of Marine and Shipbuilding Workers of America, CIO,
or by Local No. 80, International Union of Mine, Mill and Smelter
Workers, CIO, for the purposes of collective bargaining, or by
neither.
2 Any participant in the election herein order ed may, upon its prompt request to, and
approval thereof by , the Regional Director, have its name removed from the ballot.