Miller-Connell Mfg. Co.

National Labor Relations Board - Board Decisions

Jul 2, 1946

69 N.L.R.B. 277 (N.L.R.B. 1946)

In the Matter Of MILLER-CONNELL MFG. Co. and UNITED STEELWORKERS
OF AMERICA, C. I. 0.
(c c No. 1 1^ 49 i.-Dccidcd Jul y ,2, 1946
Pi i is ker, Pri t._ke, & ( l i rt toll , by M,,. Stanford Clinton, of Chicago,
Ill., for the Company.
Messrs . 0. H. Mills and Ben Fischer , of Chicago , Ill., for the C. I. O.
Messrs. Daniel J. O'Brien, John Hill, and Kenneth Hindley, of
Chicago, Ill., for the A. F. of L.
Mr. Elmer P. Frei•schlagr, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT or TIIE CASE
Upon a petition duly filed by United Steelworkers of America,
C. I. 0., herein called the C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
Miller-Connell Mfg. Co., Chicago, Ill., herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Robert Ackerberg, Trial Examiner.
Hearing was thereupon held at Chicago, Illinois, on April 29, and
May 2, 1946. On May 10. 1946, before transfer of the case to the
Board, an election was conducted pursuant to Article III, Section 3,
of the Board's Rules and Regulations,' among employees of the Com-
pany in the unit alleged as appropriate in the petition, to determine
whether or not they desired to be represented by the C. I. O. for the
purposes of collective bargaining.
At the close of the election, a Tally of Ballots was prepared which
evidenced its results. This Tally, which has been made a part of
the record, shows that, there were approximately 212 eligible voters,
that 188 of those eligible voters cast ballots, of which 163 were
for the C. I. O., 19 were against the C. I. 0., 2 were void, and 4 were
challenged.
1 11 % aau•aihui fit of N, ea ,ber 27 194.7, this Section of the Rules now pernuts the eon-
dw t of .1 'erret hallo, of eniplmee. p, ion to hearing , or after hearing but befoc e transfer of
fl o , ,.,'e io the Boanl , n, (ayes 0011141, tre sent no substantial issues.
h:] N I. It B , No 33 277
278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Thereafter, pursuant to Article III, Section 10,2 of the Rules and
Regulations of the Board , a further hearing was held on May 16,
1946, upon due notice. The Company, the C. I. 0., and Local 718,
International Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America, A. F. of L., herein called the A. F. of L.,
appeared and participated at the initial hearing; only the Company
participated at the further hearing." All parties 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 hearings 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 :
FINDI NGS OF FACT
1. 7'llE Bl S1NESS OF TIIE COIL PANY
Miller-Connell Mfg. Co., an Illinois corporation with its main office
and factory located in Chicago, Illinois, is engaged in the manufacture
of venetian blinds. The Company purchases annually raw materials
consisting of steel, wood, tape, cord, and paint, valued at approxi-
mately $500,000, of which $75,000 worth represents shipments to it
from points outside the State of Illinois. Approximately $300,000
worth of the Company's finished products is shipped aimually to point",
outside the State.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations. admitting to mem-
bership employees of the Company.
Local 718, International Brotherhood of Teamsters. Chauffeurs,
Warehousemen and Helpers of America is a labor organization affili-
ated with the American Federation of Labor, adm itting to membership
employees of the Company.
-'As amended November 27, 1945). this, Si( Lion e' oN ides that in Instances of elections
after hearing but before transfer of the ease to the Board all issues, including issues with
rospect to the conduct of the election of conduct affecting the election results and issues
raised by challenged ballots, still]] be heard at the subsequent hearing
9 The A F. of L withdrew from the hearing on May 2 , 1946 Its signed waiver and
Disclaimer. waiving any light, power or privilege to intervene in and dcscla uuinig a nv
rntere,.t in the case was admitted into evidence lust before such n ithdrawal
The C I 0 did not appear or participate in the heaiing on May 16, 1946 , although notice
thereof nas served upon it In this connection, the record shows that the C I O had
previousl indicated to the Trial Examiner that it had no ohlertion to the holding of the
hearing on that date
MILLER-CONNELL MFG. CO.
III. THE QUESTION CONCERNING REPRESENTATION
279
The Company has refused to grant recognition to the C. I. 0. as
the exclusive bargaining representative of its employees in the alleged
appropriate unit.
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 C. I. 0. and the Company agree that all production and main-
tenance employees of the Company, excluding office and clerical
employees, watchmen, foremen, and all other supervisory employees,
constitute an appropriate unit. They disagree, however, as to the
head fireman, assistant firemen, and mechanics, whom the C. I. 0.
would include in and the Company exclude from the appropriate
unit. The C. I. 0. also seeks to include Robert Williams and Guy
Vaughn, while the Company takes no position in the matter.
Head Fireman: This employee fires the boiler located in the base-
ment of the plant. During the winter or heating season, when the
boiler room operates on a three shift basis, he is assisted by two
assistant firemen, and the three employees take turns working an 8-
hour shift each day. During this season, the head fireman has the
authority to hire, discharge, and discipline these subordinates. Dur-
ing the summer or non-heating season, he works in the boiler room
unassisted . Despite his lack of subordinates during the non-heating
season , it does not appear that the head fireman undergoes any change
in wages, working conditions, or status. Under all the circumstances,
and on the entire record in the case, we are persuaded that the head
fireman is a supervisory employee within the Board's customary
definition of that term. We shall, therefore, exclude him from the
unit'
Assistant Firemen: As noted above, the two assistant firemen fire
the boiler during the winter or heating season . The record fails to
disclose the nature of their duties the balance of the year. How-
ever, inasmuch as they apparently exercise no supervisory functions,
and fall within the general category of maintenance employees, we
shall include them in the unit.-5
Mechanics: The Company employs two individuals in this classi-
fication. They work under the supervision of the maintenance fore-
man, and their duties consist of repairing and cleaning machinery
4 Cf. Matter of Hunt Foods, Inc, 68 N. L. R B 800
L Matter of Anchor Duck Mtills, 63 N. L R B 1079. Matter of The Dayton Rubber Manu-
ta(turnzq Company, 57 N L R. B. 388.
280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
operated by the production employees. It is clear that their interests
are closely related to those of the other production and maintenance
employees. Accordingly, we shall include them in the unit.'
Robert Williams and Guy Vaughn: These two employees are steel
painters and work on the steel painting machine in the steel painting
and cutting section of the plant, under the supervision of the plant
superintendent. Robert Williams works on the night shift and Guy
Vaughn on the day shift. In addition to operating their machines,
each one has the responsibility of indicating to the men operating
the cutting machine in this section the material to be processed by
them. Williams has the further responsibility of seeing that none
cf the three men operating the cutting machine on his shift fall
asleep. The record, however, fails to indicate that Williams and
Vaughn possess any supervisory authority within our usual definition
of the term. Accordingly, inasmuch as these two employees, like the
other steel painters in the unit, perform an essential part of the pro-
duction process, we shall include them.
We find, therefore, that all production and maintenance employees
of the Company, including assistant firemen, mechanics, and steel
painters,' but excluding office and clerical employees," watchmen, the
head fireman, foremen , and all other supervisory employees with
authority 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
bargaining within the meaning of Section 9 (b) of the Act.
V. THE DEPERMINATION OF REPRESENTATIVES
The results of the election show that the C. I. O. has secured a
majority of the votes cast, and that the challenged ballots would not
affect the results of the election. We shall, therefore, certify the
C. I. O. as the collective bargaining representative of the employees
in the unit found appropriate in Section IV, above.
CERTIFICATION OF REPRESENTATIVES
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, Sections 9 and 10, of National
Labor Relations Board Rules and Regulations-Series 3, as amended,
IT IS HEREBY CERTIFIED that United Steelworkers of America, C. I.
0., has been designated and selected by a majority of all production
e See Matter of Hicks -Hayward Company, 58 N. L. R. B. 1557.
Including Robert Williams and Guy Vaughn.
This includes the clerical employee in the shipping section, whom the C I 0 seek, to
exclude and as to whom the Company raises no objection.
MILLER-CONNELL MFG. CO. 281
and maintenance employees of Miller-Connell Mfg. Co., Chicago,
Illinois, including assistant firemen, mechanics, and steel painters, but
excluding office and clerical employees, watchmen, the head fireman,
foremen, and all other supervisory employees with authority to hire.
promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend such action, as their
representative for the purposes of collective bargaining, and that pur-
suant to Section A (a) of the Act, the said organization is the exclu-
sive representative or all such employees for the purposes of collec-
ti've bargaining with respect to rates of pay, wages, hours of em-
ployment, and other conditions of employment.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Certification of Representatives.