Simpson Electric Co.

National Labor Relations Board - Board Decisions

Jul 31, 1945

63 N.L.R.B. 84 (N.L.R.B. 1945)

In the Matter of SIMPSON ELECTRIC COMPANY and UNITED ELECTRICAL,
RADIO AND MACHINE WORKERS OF AMERICA, CIO'
Case No. 13-R- 059.-Decided July 31, 1945
Messrs. Fyffe cfc Clarke, by Mr. Albert J. Smith, of Chicago, Ill.,
for the Company.
Messrs. Irving Krane and-Edward Palmer, 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 United Electrical, Radio and Machine.
Workers of America, CIO, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Simpson Electric Company, Chicago, Illinois, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Gustaf B. Erick-
son, Trial Examiner. Said hearing was held at Chicago, Illinois, on
May 28, 1945. The Company and the Union appeared,2 participated,
and were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
At the hearing the Company moved for a dismissal of the petition
herein, and the Trial Examiner reserved ruling on this motion for
the Board. For reasons stated in Section III, infra, the Company's
motion is hereby denied. 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 :
1 At the hearing the Union requested that "Local 1150" be deleted from its name as It
appeared on all papers in this proceeding . The Trial Examiner granted this request.
2 The record indicates that Notice of Hearing was duly served upon International Union,
United Automobile Workers of America, Local 286, AFL ; General Service Employees Union,
Local 73, of the Building Service Employees International Union, A. F. L.; and Local
B-1031, International Brotherhood of Electrical Workers, A F of L. However, none of
these organizations appeared at the hearing.
63 N. L. R. B., No. 7.
84
SIMPSON ELECTRIC COMPANY
FINDINGS OF FA(,'T
1. THE BUSINESS OF THE COMPANY
85
Simpson Electric Company, an Illinois corporation with its prin-
cipal office and place of business located in Chicago, Illinois, is engaged
in the manufacture and sale of electrical measuring instruments. In
the course and conduct of its business, the Company uses brass, steel,
wire, bakelite parts, and other miscellaneous materials in an amount
exceeding $50,000 per year, more than 50 percent of which is received
by the Company from points outside the State of Illinois. The Com-
pany annually manufactures finished products valued at more than
$75,000, of which in excess of 50 percent is shipped to points outside
said State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Electrical, Radio and Machine Workers of America is a
labor organization affiliated with the Congress of Industrial Organiza-
tions, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to grant recognition to the Union as the col-
lective bargaining representative of certain of its employees in the
absence of certification by the Board.
A statement of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the Union represents a
substantial number of employees in the unit hereinafter found
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.
H The Field Examiner reported that the Union submitted 225 applications , of which 153
contained the names of persons appearing upon a pay- roll of the Company , and that there
were approximately 494 employees in the unit hereinafter found appropriate.
The Company' s motion to dismiss the petition herein is based upon the failure to pro-
duce the Union 's applications at the hearing for the purpose of checking them in order to
ascertain whether or not they actually requested membership in the Union or some other
labor organization . We have denied the motion . "It has been made quite clear by the
Board that the report of its agent embodying the results of his investigation of the proof
of substantial representation is not subject to direct or collateral attack at the hearing,
since the requirement is but an administrative expedient adopted to enable the Board to
determine for itself whether or not further proceedings are warranted ." Ninth Annual
Report of the National Labor Relations Board, p. 24.
86 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
Substantially in accordance with the unopposed request of the Union
and based upon the record, we find that all production and mainte-
nance employees of the Company, including tool and die makers, ma-
chine operators, assemblers, employees of the shipping and receiving
departments (but not including supervisors attached to these depart-
ments 4 ), molders, punch press operators, inspectors, stockroom em-
ployees, janitors, and group leaders,5 but excluding all office and
clerical employees, time-clerks, pay-roll clerks, production control
engineering employees, design control engineering employees,' sales-
men, expediters, foremen, department heads, supervisors, 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 DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees 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 Direc-
tion.
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 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 Simpson Electric
Company, Chicago, Illinois, 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
employees in the unit found appropriate in Section IV, above, who
'The record indicates that such supervisors possess supervisory authority within the
meaning of our customary definition . Accordingly , despite the Union's contention to the
contrary , we shall exclude such employees
5 The record indicates that these employees do not possess supervisory powers within
the meaning of our usual definition
SIMPSON ELECTRIC COMPANY 87
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 who have
not been rehired or reinstated prior to the date of the election, to deter-
mine whether or not they desire to be represented by United Electrical,
Radio and Machine Workers of America, affiliated with the Congress
of Industrial Organizations, for the purposes of collective bargaining.
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