Simpson Optical Manufacturing Co.

National Labor Relations Board - Board Decisions

May 30, 1945

61 N.L.R.B. 1610 (N.L.R.B. 1945)

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In the Matter of SIMPSON OPTICAL MANUFACTURING COMPANY and
OPTICAL AND INSTRUMENT WORKERS ORGANIZING COMMITTEE, CIO
Case No. 13-R-2947'.-Decided May 30,1945
Messrs. Otto A. Jaburek and J. S. Eagen, both of Chicago, Ill., for
the Company.
Messrs. W. J. Wideman and Walter H. Harris, both of Chicago, Ill.,
for the Union.
Miss Helen Hart, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION -
STATEMENT OF THE CASE
Upon a petition duly filed by Optical and Instrument Workers Or-
ganizing Committee, CIO, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Simpson Optical Manufacturing Company, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Gustaf B. Erickson,
Trial Examiner. Said hearing was held at Chicago, Illinois, on April
18, 1945. The Company and the Union appeared, 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 to dismiss the petition and the
Trial Examiner referred the motion to the Board. For reasons set
forth herinafter, the motion is 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:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Simpson Optical Manufacturing Company, an Illinois corporation,
operate a plant at Chicago, Illinois, where it manufactures precision
61 N. L. R. B., No. 250.
1610
SIMPSON OPTICAL MANUFACTURING COMPANY 1611
optics. The Company manufactures no finished instruments and all
of its work is sold to other concerns for further assembly. In 1944,
the Company purchased raw materials, consisting principally of glass,
brass, and aluminum, valued in excess of $50,000 of which more than
50 percent was shipped to its plant from points outside the State of
Illinois. In the same year, the Company sold manufactured products
valued in excess of $1,000,000 of which more than 50 percent was
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
Optical and Instrument Workers Organizing Committee , affiliated
with the Congress of Industrial Organizations , is a labor organization
admitting to membership employees of the Company.'
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the Union as the collective
bargaining representative of certain of its employees.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees 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
The Union and the Company agree that a unit composed of all
production and maintenance employees, excluding office and clerical
employees, employees in the plant engineering department, tool de-
signers, time-study men, guards, watchmen, expediters, clerks in the
routing and scheduling department, draftsmen, blueprint operators,
and executives is appropriate. However, the Union maintain that 22
foremen and assistant foremen are supervisory employees and, there-
fore, should be excluded from the unit and the Company opposes the
Union's position.
Foremen in the Company's plant effectively recommend the dis-
charge of employees. Also, requests for additional employees origi-
nate with the foremen and are carried to the employment office by the
'Contrary to the Company' s assertion , we are satisfied that the Union is a labor organi-
zation within the meaning of the Act.
'The Field Examiner reported that the Union submitted 109 membership application
cards and that there were 219 employees In the alleged appropriate unit.
1612 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
superintendent. An employee seeking time off or an increase in salary
must consult his foreman who initially determines whether the re-
quest merits consideration by the foreman's superior. Therefore,
foremen have the power to deny such requests at the outset. Assistant
foremen have the same duties and responsibilities as foremen when
foremen are off the floor. In view of these facts, we find that the
foremen and assistant foremen are supervisory employees within the
meaning of our customary definition. We shall exclude them from
the unit.
We find that all production and maintenance employees, excluding
office and clerical employees, employees in the plant-engineering de-
partment, tool designers, time-study men, guards, watchmen, expe-
diters, clerks in the routing and scheduling department, draftsmen,
blueprint operators, foremen, assistant foremen, executives, 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 Elec-
tion 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 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 Optical
Manufacturing Company, Chicago, Illinois, an election by secret
ballot shall be conducted 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, act-
ing in this matter as agent for the National Labor Relations Board,
and subject to Article III, Sections 10 and 11, of said Rules and Regu-
lations, among the employees in the unit found appropriate in Section
IV above, who were employed during the pay-roll period immediately
SIMPSON OPTICAL MANUFACTURING COMPANY 1613
preceding the date of this Direction, including employees who did not
work during the said pay-roll period because they were ill or on vaca-
tion 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 or not they desire to be represented by
Optical and Instrument Workers Organizing Committee, CIO, for
the purposes of collective bargaining-
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