Stanley Knight Corp.

National Labor Relations Board - Board Decisions

Feb 5, 1946

65 N.L.R.B. 813 (N.L.R.B. 1946)

In the Matter of STANLEY KNIGHT CORPORATION and UNITED AUTO-
MOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA, C. I. O.
Case No. 13-RD268.Decided February 5, 1946
Fyffe & Clarke, by 31r. John Harrington, of Chicago, Ill., for the
Company.
Meyers cC Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the
C. I. O.
Mr. Albert G. Fox, of Chicago, Ill., for the A. F. L.
Mr. John H. Wood, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by United Automobile, Air-
craft and Agricultural Implement Workers of America, C. I. 0.,
herein called the CIO, alleging that a question affecting commerce had
alaisen concerning the representation of employees of Stanley Knight
Corporation, Chicago, Illinois, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Leon A. Rosell, Trial Examiner. The hearing
was held at Chicago, Illinois, on November 8, 1945. The Company,
the CIO, and Sheet Metal Workers International Association, Local
Union 115, A. F. L., herein called the A. F. L., appeared and partici-
pated.' All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing 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:
"The A. F. L. appeared solely for the purpose of protecting its contract interest In
journeymen sheet metal workers and registered apprentices who are employed by the
Company at its plant
65 N. L. R B, No. 141. 813
814 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Stanley Knight Corporation is an Illinois corporation engaged in
the manufacture of soda fountains at its sole plant located at Chicago,
Illinois. During the year 1944, the Company purchased materials
valued in excess of $100,000, approximately 50 percent of which was
shipped to its plant from points outside the State of Illinois. Dur-
ing the same period, the Company manufactured goods valued in ex-
cess of $200,000, of which approximately 50 percent was shipped from
its plant to points outside the State of Illinois.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Automobile, Aircraft and Agricultural Implement Work-
ers of America, affiliated with the Congress of Industrial Organiza-
tions, is a labor organization admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the CIO as the
exclusive bargaining representative of certain of its employees until
it has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the CIO represents a substantial number of em-
ployees 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.
IV. THE APPROPRIATE UNIT
The CIO contends that all production and maintenance employees
of the Company, excluding office and clerical employees, journey-
men sheet-metal workers and registered apprentices, and supervisors,
constitute an appropriate unit. As already indicated, the journey-
men sheet-metal workers and registered apprentices are covered by a
contract between the Company and the A. F. L. The Company takes
no position on the appropriateness of the foregoing unit.
2 The Field Examiner reported that the CIO submitted 23 authorization cards, and that
there were 31 employees in the unit alleged to be appropriate.
STANLEY KNIGHT CORPORATION 815
We find that all production and maintenance employees of the Com-
pany, excluding office and clerical employees, journeymen sheet-metal
workers and registered apprentices, 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 collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
V. TUE 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 Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIIu c'r1E1) that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Stanley Knight
Corporation, 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, 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 during 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 those employees who have since quit or been dis-
charged 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 United Automobile, Aircraft and Agricultural Im-
plement Workers of America, C. I. 0., for the purposes of collective
ba rgaining.
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