Precision Scientific Co.

National Labor Relations Board - Board Decisions

Mar 30, 1945

61 N.L.R.B. 147 (N.L.R.B. 1945)

In the Matter of PRECISION SCIENTIFIC Co. and INTERNATIONAL UNION
OF MINE, MILL & SMELTER WORKERS, C. I. O.
Case No. 13-R-2,900.-Decided March .90, 1945
Messrs. Robert H. Eddy and A. I. Newman, of Chicago, Ill., for
the Company.
Mr. A. C. Skinner, of Chicago, Ill., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union of Mine, Mill &
Smelter Workers, C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of Precision Scientific Co., Chicago, Illinois, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Benjamin V. Sal-
vaty, Trial Examiner. Said hearing was held at Chicago, Illinois,
on March 14, 1945. The Company and the Union appeared,' par-
ticipated, 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. All parties were
afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Precision Scientific Co., an Illinois corporation with offices, main
plant, and warehouse located in Chicago, Illinois, is engaged in the
' Wholesale Dry Goods & Hardware Warehousemen Local Union No 743, I B. of T,
A F of L ; Sheet Metal Workers International Association , Local 115 ; and International
Brotherhood of Electrical Workers, Local B-715; although duly notified of this proceeding,
did not appear at the hearing.
61 N. L. R. B., No. 17.
147
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148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
manufacture and sale of laboratory equipment, including water stills,
apparatus for testing petroleum products, gas, and road materials,
as well as electric heaters, hot plates, constant temperature baths,
ovens, incubators, laboratory gas burners, and Kjeldahl equipment.
The principal materials used by the Company in the course and con-
duct of its business are copper, brass, steel, and iron. During the
year 1944, the Company purchased such materials valued in excess of
$200,000, 90 percent of which was received from points outside the
State of Illinois. The Company's sales of finished products man-
ufactured by it during this period exceeded $400,000 in value, of which
90 percent was sold and shipped to points outside the State of Illinois.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
.International Union of Mine, Mill & Smelter Workers is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the Union as the bargaining
representative of certain of its employees.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found
appropriate.2
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
Substantially in'accordance with the stipulation of the parties, we
find that all production and maintenance employees of the Company
engaged in its warehouse and main plant located in Chicago, Illinois,
including shipping and receiving room employees, stockroom em-
ployees, production timekeepers, experimental model makers, toolroom
and tool crib attendants, watchmen and floor inspectors, but excluding
office and clerical employees, engineering department employees,
research department employees (except model makers), time-study
men, and supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
2 The Field Examiner reported that the Union submitted 143 designations and that
there were approximately 232 employees in the unit alleged by the Union to be appropriate.
PRECISION SCIENTIFIC CO. % 149
ployees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning of
Section 9 (b) of the Act 3
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. The Com-
pany employs approximately 25 part-time workers in classifications
concededly part of the unit found appropriate in Section IV, supra.
It contends that these employees should be eligible to participate in
the election, whereas the Union contends that they should be ineligible.
The record indicates that these employees work between, 20 and 30
hours per week on regular.part-time shifts under the same supervisors
and similar working conditions as other production and maintenance
employees of the Company. Under these circumstances, we find that
they are eligible to participate in the election 4 Accordingly, we shall
direct that the employees of the Company eligible to vote in the
election shall be those in the appropriate unit, whether regular part-
time or full-time, 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.i
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Precision Scien-
tific Co., Chicago, Illinois, an election by secret ballot shall be con-
ducted as early as possible, but not later than sixty (60) 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 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
3 Pestel, Gaspar , Rutkowsky , and McGrath are included in the appropriate unit.
* Matter of The National Machinery Company, 56 N. L. R. B. 481 ; Matter of Phillips
Petroleum Company, 57 N. L R. B. 1100.
5 The Union requested that it appear upon the ballot as "International Union of Mine,
Mill & Smelter Workers, C . I. 0." This request is hereby granted
150 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 or not they desire to be repre-
sented by International Union of Mine, Mill & Smelter Workers,
C. I. 0., for the purposes of collective bargaining.
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