The Howell Co.

National Labor Relations Board - Board Decisions

Apr 13, 1944

55 N.L.R.B. 1257 (N.L.R.B. 1944)

In the Matter of THE HOWELL COMPANY and INTERNATIONAL ASSOCIA-
TION OF MACHINISTS, DISTRICT No. 108
Case No. 13-RD-310.-Decided April 13, 19441
Mr. James D. Moore, of Chicago, Ill., for the Company.
Messrs. P. L. Siemiller and J. Fitz Patrick, of Chicago, Ill., for
the I. A. Al.
Mr. Gerald K. Treadwell, of Elgin, Ill., for the Association.
Mr. Howard A. Plank, of Chicago, Ill., for the F. & O.
Miss Kate Wallach, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Association of Ma-
chinists, District No. 108, herein called the I. A. M., alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of The Howell Company, St. Charles, Illinois,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Jack G.
Evans, Trial Examiner. Said hearing was held at St. Charles, Illi-
nois, on March 8, 1944. The Company, the I. A. M., the Interna-
tional Brotherhood of Firemen and Oilers, Elgin, Illinois, Local
# 94, herein called the F. & 0., and The Howell Company Employees'
Association, herein called the Association, appeared and participated.
All parties 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. 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
1. THE BUSINESS OF THE COMPANY
The Howell Company is an Illinois corporation having its prin-
cipal office and place of business at St. Charles, Illinois, Where it is
engaged in the production of bombs and aircraft parts under war
55 N. L. R B, No. 229.
1257
1258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
contracts. During the calendar year 1943, the Company purchased
raw materials consisting of sheet steel, strip steel, steel tubing, etc.,
valued in excess of $1,000,000, all of which were shipped to the Com-
pany from points outside the State of Illinois. During the same
period, the Company sold finished products valued in excess of
$3,000,000, of which 90 percent were shipped from the plant 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 ORGANIZATIONS INVOLVED
The International Association of Machinists, District No. 108,
affiliated with the American Federation of Labor, is a labor organiza
tion admitting to membership employees of the Company.
The International Brotherhood of Firemen and Oilers, Elgin, Illi-
nois, Local #94, affiliated with the American Federation of Labor, is
a labor organization admitting to membership employees of the
Company.
The Howell Company Employees' Association is an unaffiliated labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The I. A. M. and the F. & O. each claims to represent a majority of
the Company's employees in an appropriate unit, and the Company
has declined to recognize either the I. A. M. or the F. & O. because it
has in the past entered into and is presently negotiating a new bargain-
ing contract with the Association as the representative of its
employees.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the I. A. M. 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.
'The Field Examiner reported that the I . A. M. submitted 84 application cards, all of
which bore apparently genuine , original signatures ; that the names of 82 persons appear-
ing on the cards were listed on the Company 's pay roll of February 18, 1944, which con-
tained the names of 160 employees in the appropriate unit ; and that 53 cards were dated
January, 12 cards February, and 17 were undated.
The F. & O. submitted 11 application cards , all of which bore apparently genuine,
original signatures . The names of all persons appearing on the cards were contained in
the aforesaid pay roll which contained the names of 14 employees in the alleged appro-
priate unit. The cards were dated February il, 1944.
The Trial Examiner stated at the hearing that from an examination of the Association's
entry book of dues receipts he found that 53 employees on the afore -mentioned pay roll
paid dues as follows : 5 through March 1944, 2 through February , 27 through January,
12 through December 1943, 2 through November 1943, 3 through September; and 2
through August 1943 . The names of 20 of these employees also appeared on application
cards submitted by the I A. M., 1 was duplicated by the F.,& O.
THE HOWELL COMPANY 1259
Iv. THE APPROPRIATE UNIT
The I. A. M. seeks a unit composed of production and maintenance
employees, including inspectors, group leaders, utility and yard em-
ployees, factory clericals, time clerks, the stock clerk at the Geneva,
Illinois, warehouse, and the trainees at the Modern Steel Equipment
Company at Geneva, Illinois, but excluding powerhouse, office, tech-
nical (including draftsmen and engineers), and clerical employees,
the industrial nurse, armed guards, and all supervisory employees.
The Association agrees with the unit sought by the I. A. M. The
F. & 0. requests a unit of maintenance employees exclusive of all pro-
duction, toolroom, and powerhouse employees, clerical employees,
watchmen, armed guards, industrial nurse, maintenance foremen, and
2 The Company takes no positionall other supervisory employees.
with regard to the appropriate unit. Thus, the only issue before the
Board is whether the maintenance department constitutes a separate
appropriate unit, as the F. & 0. contends.
The Association has for several years bargained for both the pro-
duction and maintenance employees of the Company, the last 2 years
as the exclusive representative of such employees. The employees in
the maintenance department have participated in collective bargain-
ing and have been represented on the grievance committee. The
record does not show that the employees in the maintenance depart-
ment have made any previous attempts to obtain separate recognition.
The employees whom the F. & 0. seeks to represent in a separate
unit fall into various craft groups which are usually within the juris-
diction of affiliated craft organizations .3 While the Board has found,
in the absence of collective bargaining history, that maintenance em-
ployees comprising various types of craftsmen may constitute an ap-
propriate bargaining unit,4 it has deemed such a unit inappropriate
where there is history on a plant-wide basis. The integrated opera-
tions of the Company indicate the appropriateness of a production and
maintenance unit, and in view of the bargaining history on a plant-
wide basis, we find that the maintenance group sought by the F. & 0.
does not constitute a separate appropriate unit.5
We find that all production and maintenance employees, including
inspectors, group leaders, utility and yard employees, factory clericals,
time clerks, the stock clerk at the Geneva, Illinois, warehouse, and
the trainees at the Modern Steel Equipment Company at Geneva,
2 Pursuant to a cross -check agreement reached before the Board in Case No . 13-R-1963,
the P & 0 has bargained for the powerhouse employees as their exclusive representative.
e Millwrights, electricians , steamfitters, carpenters , welders , and oilers
General Motors, Fisher Cleveland Aircraft Division , 52 N. L. R. B 1291; Allis Chal-
mers, Supercharger Works, 54 N. L R B. 1587; Douglas Aircraft Co., Inc., 53 N. L. R B.
4S6; Truscon Steel, 33 N. L. R B 61, 67; Corn Products Refining Co ., 52 N. L. R. B. 1324
5 See Matter of MacAndreiws d Forbes Co , 39 N L. R. B 699, 703.
1260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Illinois , but excluding powerhouse , office, technical ( including en-
gineers and draftsmen ), and clerical employees , the industrial nurse,
armed guards, 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 collective bargaining within the mean-
ing 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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Howell Com-
pany, St. Charles, 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 TV, above,
who were employed during the pay-roll period immediately preceding
the date of this Direction, including employees who did not work dur-
ing the 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
have not been rehired or reinstated prior to the date of the election,
to determine whether they desire to be represented by the International
Association of Machinists, District No. 108, affiliated with the Ameri-
can Federation of Labor, or by The Howell Company Employees'
Association, for the purposes of collective bargaining, or by neither.
CHAIRMAN 11MILLIS took no part m the consideration of the above
Decision and Direction of Election.