Polar Ware Co.

National Labor Relations Board - Board Decisions

Nov 23, 1943

53 N.L.R.B. 831 (N.L.R.B. 1943)

In the Matter Of POLAR WARE COMPANY and UNITED FARM EQUIPMENT
AND METAL WORKERS OF AMERICA , LOCAL No. 166, C. I. 0.
Case No. 13-R-2059.-Decided November 23, 1943
Mr. George Currie, of'Sheboygan , Wis., for the Company.
Meyers & Meyers , by Mr. H. E. Baker , of Chicago , Ill., for the C. 1. 0.
Mr. Norman Kleist, of Sheboygan , Wis., for the A. F. of L.
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, Local No. 166, C. I. 0., herein called the C. I. 0.,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Polar Ware Company, Sheboygan,
Wisconsin, herein called the Company, the National Labor Relations
Board' provided for an appropriate hearing upon due notice before
Robert Ackerberg, Trial Examiner. Said hearing was held at She-
boygan,' Wisconsin, on November 4, 1943. At the 'commencement of
the hearing, the Trial Examiner granted a, motion of Fabricated Metal
& Enamelware Workers, A. F. of L., herein called,the A. F. of L., to
intervene. The Company; the C. I. 0., and the A. F. of L. appeared
at and participated in the hearing, and 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 hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded full opportunity 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
Polar Ware Company is a Wisconsin corporation with its principal
place of business at Sheboygan, Wisconsin, where it is engaged in
53'N. L. R. B.,'No. 154.
sal
832 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the sale, distribution, and manufacture of enamelware and stainless
steel utensils. During the 6-month period ending September 30, 1943,
the Company purchased raw materials valued at about $191,948, over
60 percent of which was shipped to it from points outside the State of
Wisconsin. During the same period the Company manufactured prod-
ucts valued in excess of $600,000, over 80 percent of which was shipped
to points outside the State of Wisconsin. The Company admits, with
respect to its Sheboygan plant, that it is engaged in commerce within
the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Farm Equipment and Metal Workers of America,'Local No.
166, is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.
Fabricated Metal & Enamelware Workers is ' a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On September 17, 1943, the C. I. O. requested the Company to rec-
ognize it as the exclusive collective bargaining representative of the
Company's employees. The Company refused this request.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the C. I. O. represents a substantial 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
We find, in substantial agreement with a stipulation of the parties,
that all production and maintenance employees at the Sheboygan plant
of the Company, including factory typists, but excluding office cleri-
cal employees, watchmen, foremen, assistant foremen, and any other
supervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section 9 (b)
of the Act.
' The Regional Director reported that the C I. 0 presented 117 application member-
ship cards bearing apparently genuine signatures of persons whose names appear on the
September 25, 1943, pay roll of the Company . There are approximately 215 employees in
the appropriate unit. He further reported that the A. F. of L. presented 33 cards bearing
apparently genuine signatures of persons whose names appear on the, September 25, 1943,
pay roll.
POLAR WARE COMPANY
V. THE DETERMINATION OF REPRESENTATIVES
833
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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DmEcnm that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Polar Ware Com-
pany, Sheboygan, Wisconsin, 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 Director 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, among the em-
ployees 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 election, to determine
whether they desire to be represented by United Farm Equipment and
Metal Workers of America, Local No. 166, C. I. 0., or by Fabricated
Metal & Enamelware Workers, A. F. of L., for the purposes of collec-
tive bargaining, or by neither.