Sunbeam Corp.

National Labor Relations Board - Board Decisions

Aug 8, 1947

74 N.L.R.B. 976 (N.L.R.B. 1947)

In the Matter of SUNBEAM CORPORATION, EMPLOYER and INTERNA-
TIONAL ASSOCIATION OF MACHINISTS, DIE AND TOOL WORKERS LODGE,
No. 113, PETITIONER
In the Matter of SUNBEAM CORPORATION, EMPLOYER and PATTERN
MAKERS LEAGUE OF NORTH AMERICA, CHICAGO ASSOCIATION, AFL,
PETITIONER
Cases Nos. 13-R-4312 and 13-R-4316, respectively.Decided August
8, 1947
Messrs. P. L. Siemiller and J. J. Dewey, both of Chicago, Ill., for
the I. A. M.
Messrs. G. Hallstrom and Joseph J. Zykowski, both of Chicago, Ill.,
for the Pattern Makers.
M ssi.s. H. T. Van Hell and C. J. Ulilir, both of Chicago, Ill., for
the Employer.
Mr. Irving Krane, of Chicago, Ill., for the Intervenor.
lllrs. Platonia P. Kaldes, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
Upon petitions duly filed, hearing in this case was held at Chicago,
Illinois, on May 28 and June 5, 1947, before Max Rotenberg, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
The Employer operates two manufacturing plants at Chicago, Illi-
nois, where it is engaged in the manufacture of electrical appliances,
electrical furnaces, and other electrical items. During the year 1946 it
purchased raw materials valued in excess of $1,000,000, of which more
74 N L R. B., No 159
976
SUNBEAM CORPORATION 977
than one-third came from points outside the State of Illinois. During
the same period its sales were valued at approximately $15,000,000, a
substantial portion of which involved shipment to points outside the
State of Illinois.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Association of Machinists, Die and Tool Makers
Lodge, No. 113, herein called the I. A. M., is a labor organization,
claiming to represent employees of the Employer.
Pattern Makers League of North America, Chicago Association,
herein called the Pattern Makers, is a labor organization affiliated with
the American Federation of Labor, claiming to represent employees
of the Employer.
United Electrical, Radio R Machine Workers (U. E.), Intervenor
herein, is a labor organization affiliated with the Congress of Industrial
Organizations, claiming to represent employees of the Employer.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Employer refused to recognize either of the petitioning unions
as the exclusive bargaining representative of employees of the Em-
ployer until each has been certified by the Board in an appropriate
unit.
At the hearing, the Intervenor contended that the proceedings
herein were barred by its contract of June 3, 1946, with the Employer.
Inasmuch as the contract expired on April 21, 1947, the Intervenor's
contention is clearly without merit
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The I. A. M. seeks a unit confined to all employees of the Employer's
toolrooms, including those in the experimental department toolroom,
but excluding all office and clerical employees and all supervisors. The
I There presently exists between the Employer and the Intervenor a contract dated May
22, 1947 , which does not cover the employees herein concerned , the contracting parties
having agreed to hold the contract coverage of such employees in abeyance pending dis-
position of the present case There is no question that this contract , executed after the
petition herein was filed , constitutes no bar to this proceeding.
978 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pattern Makers seeks a unit confined to the Employer's pattern mak-
ers, their helpers or/and apprentices, none.of whom are included in
the group sought to be represented by the I. A. M. Because each of
the foregoing groups of employees ,has been bargained for over a
period of many years as part of a more comprehensive production and
maintenance unit, the Intervenor contends that the proposed narrower
units are inappropriate. The Employer takes no position respecting
the units.
The record discloses that each of the two afore-mentioned groups
,of employees is composed of members of traditional craft groups 2 and
that each constitutes an administratively identifiable section in the
Employer's operations.3 The record further shows that similar craft
groups are separately established in the industry and in the area of
the Employer's operations and that neither of these two groups has
had a prior opportunity to express a desire for separate representation.'
Under all these circumstances, we are of the opinion that these em-
ployees should now be given the opportunity to indicate whether they
desire to be represented in separate craft units or in a plant-wide unit,
inasmuch as either unit may be appropriate.5 Accordingly, we shall
make no final unit determination at this time but shall permit the
scope of the bargaining unit or units to be determined in part by the
results of the separate elections among the employees in the voting
groups hereinafter set forth.
The composition of the voting groups, described below, was not dis-
puted by the parties. However, the I. A. M. would include, as part
of its craft unit, certain tool crib attendants working in the toolrooln.
There are other tool crib attendants working in other departments
2 The unit sought by the IAM is wholly comprised of employees engaged in functions
relating to the building , maintenance , repair , or dismantling of tools , dies, fixtures, jugs,
molds, or experimental models with the exception of a number of employees classified
as tool crib attendants, no other employees of the Employer do similal work
The unit sought by the Pattern Makers includes all employees of the Employer working
in connection with pattern making.
3 The employees sought by the I A M about 100 in number , comprise 3 departments,
namely the General Tool Room (Department 12), the Experimental Department Tool Room,
and the fifth floor Tool Room (Department 53) All these employees are under different
supervision than are the enrplo%ees not sought by the I A M. The employees sought by
the Pattern Makers, approximately 3 in number , work together in a portion of the plant
phN sically separated by partitions from the rest of the employees
4 The Intervenor apparently claims that the craft groups here involved did have an
opportunity to demonstrate their desires as to separate representation in a consent election
conducted by the Board in 1943 in which the I. A. M and the Intervenor both participated
and the latter won The craft groups here involved voted in the election, but only as part
of the over-all production and maintenance unit However, had the I. A M. won the elec-
tion, it may have permitted various of its affiliates having jurisdiction over craft groups
(the petitioning I. A M union here being one of these affiliates ) to bargain separately for
the employees under its jurisdiction . But the employees ' rejection of the I . A M. at the
polls under all the circumstances does not warrant the conclusion that they thereby demon-
strated their desires to be represented in an over -all unit, rather than in craft groups.
5 Matter of the Standard Register Company , 73 N L . R B. 1221.
SUNBEAM CORPORATION 979,
and none of these employees performs work requiring the exercise of
any particular degree of skill. Under all the circumstances, we are
of the opinion that the tool crib attendants in the toolrooms have in-
terests more closely allied to those of the other tool crib attendants
than to the skilled crafts here sought to be represented by the I. A. M.
Accordingly , we shall exclude tool crib attendants from the toolroom
unit.
We shall direct that separate elections be conducted among the
following voting groups :
(1) All employees of the Employer 's toolrooms , including those in
the experimental department toolroom , but excluding tool crib attend-
ants , office and clerical employees , and supervisory employees.
(2) All employees of the Employer engaged as pattern makers and
pattern maker's helpers or apprentices , excluding all supervisory
employees.
If the employees in voting groups ( 1) and ( 2) select the I. A. M.
and the Pattern Makers , respectively , they will be taken to have indi-
cated their desire for separate representation ; if, however , they select
the Intervenor , they will be taken to have indicated a desire to continue
to be bargained for as part of the unit now represented by the
Intervenor.
DIRECTION OF ELECTIONS 6
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Sunbeam Corporation, Chicago,
Illinois, elections by secret btlllot 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 Sections 203.55, and 203.56, of
National Labor Relations Board Rules and Regulations-Series 4,
among the employees in the voting groups described 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 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, for the purposes of collective
bargaining:
6 Any participant in the elections herein may, upon its prompt request to and approval
thereof by the Regional Director, have its name removed from the ballot.
980 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1. The employees in Voting Group (1) desire to be represented by
International Association of Machinists, Die and Tool Makers Lodge,
No. 113, or by United Electrical, Radio & Machine Workers of America
(U. E.), CIO, or by neither;
2. The employees in Voting Group (2) desire to be represented by
Pattern Makers League of North America, Chicago Association, AFL,
or by United Electrical, Radio & Machine Workers of America (U. E.),
CIO, or by neither. '
I