Metal Specialties Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 15, 1943

48 N.L.R.B. 50 (N.L.R.B. 1943)

In the Matter of METAL SPECIALTIES MANUFACTURING Co. and INTER-
NATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA, CIO
Case No. R-41947.-Decided March 15, 1943
Jurisdiction : metal specialties manufacturing industry.
Investigation and Certification of Representatives : existence of question. refusal
to recognize the union until certified by the Board ; election necessary.
Unit Appropriate , for Collective Bargaining : production and maintenance em-
ployees with specified inclusion and exclusion ; watchmen included over com-
pany's objection when, among other reasons, they were not deputized ; foremen
found to exercise supervisory authority excluded over union's objection.
Pope & Ballard, by Mr. Henry E. Seyf o9 th, of Chicago, Ill., for
the Company.
Meyers cC Meyers, by Mr. Bea Meyers, of Chicago, Ill., for the
Union.
Mr. Louis Cokin., of counsel to the Board.
DECISION -
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Automo-
bile, Aircraft & Agricultural Implement Workers of America, CIO,
herein called the Union, alleging that a question affecting cominerce
had arisen concerning the representation of employees of Metal Spe-
cialties Manufacturing Co., Chicago, Illinois, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before William W. Ward, Jr., Trial
Examiner. Said hearing was held at Chicago, Illinois, on February
26; 1943. 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.
48 N. L. R. B., No. 11. -
50
METAL SPECIALTIES MANUFACTURING COMPANY 51,
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Metal Specialties Manufacturing Co. is an Illinois corporation with
its principal place of business at Chicago; Illinois, where it is engaged
in the manufacture of metal specialties. During 1942 the Company
purchased raw materials valued at about $500,000, approximately
80 percent of which was shipped to it from points outside the State
of Illinois. During the same period the Company manufactured prod-
ucts valued at about $1,400,000, approximately 90 percent of which
was shipped to points outside the State of Illinois. The Company
admits, for the purposes of this proceeding, that .it is engaged in
commerce within the meaning of thg National Labor Relations Act.
rY. THE ORGANIZATION INVOLVED '
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The' Company refuses to recognize the Union as the exclusive
representative of its employees until such time as the Union is
certified by the Board.
A statement of the Regional Director, introduced into evidence
during the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be
appropriate.1
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union contends that all production and maintenance em-
ployees of the Company, including watchmen, but excluding super-
visory employees, foremen, and office and clerical employees, con-
1 The Regional Director reported that the Union presented 84 authorization cards
bearing apparently genuine signatures of `persons whose naives appear on the January
31, 1943, pay roll of the Company. There ate approximately 107 employees in the ap-
propriate unit.
521247-43-vol. 48-5
52 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
stitute an appropriate unit. The only controversy with respect to
the unit concerns watchmen and four named employees.
The Company employs three watchmen . The Company urges
that they be excluded from the unit and the Union that they be
included . The watchmen work only in the plant , take care of the
furnace, and occasionally perform janitorial services . They are not
deputized or uniformed and do not carry firearms . The Company
has a contract with an outside protection agency which furnishes
deputized guards who perform specialized duties for the Company.
We shall include the watchmen in the unit , since they are primarily
maintenance employees with no special duties warranting excluding'
them.
• Youngberg , White, Ladwig, and Apel are classified by the Com-'
pany as foremen . The Company requests that they be excluded from
the unit and the Union urges that they be included . Each of these
employees has from 4' to 10 subordinates and'exercises the right to
recommend the hire, discharge , and discipline of his subordinates.
We find that Youngberg, White, Ladwig, and , Apel are, foremen and
we shall therefore exclude them from the unit.
We find that all production and maintenance employees of the
Company, including watchmen, but excluding supervisory em-
ployees, all foremen, and office and clerical employees , 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 means of 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 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 Re-
lations 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 repre-
sentatives for, the purposes of collective bargaining , with Metal
Specialties Manufacturing Co., Chicago, Illinois; an election by secret
ballot shall be conducted as early as possible, but not later than
METAL SPECIALTIES MANUFACTURING CO. 53
thirty (30) days from the date of this Direction, under the direc
tion 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 10, of said Rules
and Regulations, 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 any
such employees who did not work during said pay-roll period be-
cause they were ill or on vacation or temporarily laid off, and in-
cluding employees in the armed forces of the United States'who pre-
sent themselves in person at the polls, but excluding any who have
since quit or been discharged for. cause, to determine whether or not
they desire to be represented by International Union, United Auto-
mobile, Aircraft & Agricultural Implement Workers of America,
affiliated with the Congress of Industrial Organizations, for the pur-
poses of collective bargaining.