Stewart-Warner Corp.

National Labor Relations Board - Board Decisions

Sep 10, 1942

43 N.L.R.B. 1233 (N.L.R.B. 1942)

In the Matter Of STEWART DIE CASTING DIVISION OF STEWART-WARNER
CORPORATION and UNITED AUTOMOBILE WORKERS OF AMERICA, LOCAL
298, .C. I. O.
Case No. R-40'75.Decided September 10,194
Jurisdiction : metal castings and ordnance materials manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition ; persons whose employee status was in
dispute allowed to vote subject to challenge and their ballots directed to be
impounded awaiting further determination by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all hourly and piece-rate produc-
tion and maintenance employees, excluding supervisory and office employees,
draftsmen, and watchmen ; agreement as to.
Mr. F. H. Towner, of Chicago, Ill., for the Company. .
Owens & Owens, by Mr. Thomas L. Owens, of Chicago, Ill., and
Meyers & Meyers,'by Mr. Ben Meyers, of Chicago, Ill., for the Union.
Mr. "Louis Cokin and Mr. J. Benson Saks, of counsel to the Board.
DECISION
- AND
DIRECTION OF ELECTION,
STATEMENT OF THE CASE
Upon petition duly filed by United Automobile Workers of America,
Local 298, affiliated with the Congress of Industrial Organizations,
herein called the Union, alleging that a question affecting commerce
had arisen, concerning the representation of employees of Stewart
Die Casting Division of Stewart-Warner Corporation, Chicago, Illi-
nois, herein called the Company,'the National Labor Relations Board
provided for an appropriate hearing upon due notice before Lester
Asher, Trial Examiner. Said hearing was held at Chicago, Illinois,
on July 28, 1942. The Company and the Union appeared, partici-
pated, 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.,
43 N. L. R. B No. 193.
481039-42-vo1 43-78 1233
1234 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Stewart-Warner Corporation is a Virginia corporation engaged in
manufacturing enterprises in various States of the United States and
in Canada. The present controversy involves only the Stewart Die
Casting Division of the corporation, }which is located at Chicago,
Illinois. At this plant the Company is engaged in the manufacture
and distribution of metal castings, tools and similar products, and in
the manufacture of ordnance materials under contracts with'the United
States Government. During the year 1941 the Company used at this
plant raw materials from sources outside the State of Illinois approxi-
mating $500,000 in value. During the same period the Company sold
products valued at approximately $2,000,000, over 30 percent of which
represented sales of goods to places outside the State of Illinois.
II. THE ORGANIZATION INVOLVED
United Automobile Workers of America, Local 298, is ,,l, labor organi-
zation affiliated with the Congress of Industrial Organizations. It
admits to membership employees of the Company.
II'I. THE QUESTION 'CONCERNING REPRESENTATION
On December 4, 1941, the Union addressed.a letter to the Company
requesting recognition as sole bargaining agent for employees of the
Company in an alleged 'appropriate unit. The Cbmpany denied the
request.
A report of the Regional Director, introduced in evidence at the
hearing, shows 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. this company, within the meaning
of Section 9 .(c) and Section 2 (6) and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with the agreement of the parties, that all
hourly and piece-rate production and maintenance employees, exclud-
ing supervisory and office employees, draftsmen, and watchmen, consti-
tute a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
1 The Regional Director's statement shows that the Union submitted 255 cards, all of
which contain apparently genuine signatures and bear dates between January and De-
cember 1941. The Company declined to submit its pay roll against which to check these
signatures.
STEWART DIE CASTING DIVISION 1235
V. DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
employees in the appropriate unit.
The Company and the Union are in disagreement as to the eligibility
of certain persons to vote. The Company contends that these persons,
former employees, are not eligible to vote because they are no longer
employed by the Company and are not entitled to employment by it.
The Union contends that these persons are still employees 'of the Com-
pany or, in the alternative, entitled to employment by it and as such
are employees within the iileaning of the Act and eligible to vote. The
following are' the categories of persons whose eligibility`'to vote is in
dispute.'
1. Those persons on a preferential hiring list now maintained
by the Company pursuant to court decree enforcing a previous
order of the Board.'
2. Those persons to whom the Company addressed letters.
requesting them to return to work. .
3., Those persons who did not receive such letters to return to
work but who are covered by the previous decision and order of
the Board.3
4. Those personswha returned to work in answer to the Com-
pany's letter_ but were not offered substantially equivalent em-
ployment.
5. Those persons who returned to work and in a'short time were
discharged as inefficient or violators of Company rules.
6. Those persons offered reinstatement but refused to return be-
cause of alleged discriminatory action on the part of the Company
with respect to other employees.
7. Those persons who, though in receipt of the_ Company's letter,
did not return to work because at that time they were not informed
of the true facts, but who would return to work at present on re-
ceipt of another offer from the Company.
We shall direct that these persons be allowed to vote, subject to chal-
lenge, and that their ballots be impounded awaiting the further deter-
mination of the Board. .
The Company and the Union are also in disagreement 'as to the pay-
roll date to be used in the determination of eligibilty to vote. The
Company requests a current pay roll while the Union requests that pay
roll in effect nearest to July 28, 1942. Under all the circumstances, we
2 Stewart Die Ca,tmg Corporation v. National Labor Relations Board, 114 F. (2d) 849
C. C A. 7) 1 940; enfoicing as modified Matter of Stewart Die Casting Corporation and
United Automobile Workers of America, Local 298, 14 N L R B 872
a Matter of Stewart Die Casting Corporation and United Automobile Workers of America,
Local 298, 14 N. -L R B. 872.
'1236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
shall direct that an- election be held within thirty (30) days from the
date of our Direction of Election and that persons eligible to vote in
such- election shall be those employees in the appropriate unit who
were employed during the pay-roll period nearest July 28, 1942, and
the persons in the categories mentioned above, 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 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part -of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Stewart Die Cast-
ing Division of Stewart-Warner 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, Section 9, of Said Rules and Regula-
tions, among the employees in the unit found appropriate in Section
IV, above, who were employed during the Pay-roll period nearest
July 28, 1942, including those persons in the categories set forth in
Section V, above, and under the limitations set forth therein, and in-
cluding any such employees who did not work during said' pay-roll
period because they were ill, or on vacation or in the active military
service or training of the United States, or temporarily laid off, but
excluding any, who have since quit or been discharged for cause, to
determine whether or not they desire to-be represented by United Auto-
mobile Workers of America, Local 298, affiliated with the Congress of
Industrial Organizations, for the purpose of collective ,bargaining.
Chairman MILLIS took no part in the consideration of the ' above
Decision and Direction of Election.