National Lead Co.Download PDFNational Labor Relations Board - Board DecisionsMay 31, 194456 N.L.R.B. 1128 (N.L.R.B. 1944) Copy Citation In the Matter of NATIONAL LEAD COMPANY, CARTER PLANT and UNITED FARM EQUIPMENT AND METAL WORKERS OF AMERICA, C.-I. O. k Case No.,13-R-2388.Decided May 31, 1944 Mr. J. F. Boand , of Chicago , Ill., for the Company. Mr. H. E . Baker,'of Chicago , Ill., for the C. I. 0.. Mr. John L : Beano, of Chicago , Ill., for District 50. Mr. Louis Cokin , of counsel to the Board. DECISION AND DIRECTION' OF ELECTION STATEMENT' OF THE CASE Upon petition duly filed by United Farm Equipment and Metal Workers of America, C. I. 0., herein called the C. I: 0., alleging that a question affecting commerce had arisen concerning the representa- tion of employees of National Lead Company, Carter Plant, Chicago, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Russell,Packard, Trial Examiner.- Said-hearing was held.at Chicago, Illinois, on May 3; 1944. At the commencement of the hearing, the Trial Examiner granted a motion of District 50, United Mine Work- ers of America, Local 12245, herein called District 50, to intervene. The Company, the C. 1. 0., and District 50 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 preju- dicial error and are hereby affirmed. All parties were afforded oppor- tunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY National Lead Company is a New Jersey corporation engaged in the sale and manufacture of white lead and related products. We are 56 N. L. R. B., No. 197. 1128 r NATIONAL LEAD -COMPANY 1129 here concerned with its Carter Plant'at Chicago, Illinois . During 1943 raw materials and finished products valued in excess of $1,000,000 were transported to or from the Carter Plant in interstate commerce. The Company- admits that it is engaged in commerce within the meaning of the National Labor Relations Act. - H. THE ORGANIZATIONS INVOLVED United Farm Equipment and Metal Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. District 50, United Mine Workers of America, Local 12245; is a labor ` organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On March 22, 1944, the C. I. O.,requested the Company to recognize it as the exclusive collective bargaining representative' of the Com- pany's employees. The Company refused this request. On August 1, 1941, and August 27, 1942, respectively, the Company and District 50 entered into an exclusive bargaining contract and a supplemental agreement. The contract, as supplemented, expired by its terms on December 31, 1943. A statement of a Field Examiner of the Board, introduced into evi- dence at the hearing, indicates that the C. I. O. represents a substan- tial number of employees in the unit hereinafter found to be 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 C. I. O. urges that,all production and maintenance employees at the Carter. Plant of the'-Company, including watchmen, but exclud- ing office and clerical employees, salaried employees, executives, and supervisors constitute an appropriate unit. The only controversy with respect to the unit concerns watchmen. The Company employs four watchmen. The C. I. O. would in- clude them in the unit while the Company and District 50 would 'exclude them. The watchmen are unarmed and perform only the I The Field Examiner reported that the C I. O. presented 50 application ' membership cards bearing names of persons oil, the March 25, 1944, pay roll of the Company. There are approximately 80 employees in the appropriate unit. District 50 did not present Tiny evidence' of representation but relies upon its contract as evidence of its interest in the instant proceeding. 1130 DECISIONS OF NATIONAL LABOR BELATIONS'BOARD customary duties of watchmen. They hate no duties relating to per- sonnel or management . We shall include the watchmen in, the unit. We find that - all production and maintenance employees at the ' 'Carter Plant 6f' the Company, including watchmen, but excluding office and clerical employees, 'salaried employees, executives,, and, all 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 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 vitrue 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 3, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes.'of collective bargaining with. National Lead Company, Carter Plant, Chicago, Illinois, an election by secret bal- lot 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 sub- ject to Article III, Sections-10 and,-ll,,of stid,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 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 any 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 Farm Equipment and Metal Workers of America, C. I. 0., or by District 50, United Mine Workers of America, Local 12245, for the purposes of collective bargaining, or by neither. Copy with citationCopy as parenthetical citation