The Lock Nut Corp. of America

National Labor Relations Board - Board Decisions

Mar 14, 1946

66 N.L.R.B. 754 (N.L.R.B. 1946)

In the Matter of THE LOCK NUT CORPORATION OF AMERICA, A
DELAWARE CORPORATION, AND/OR TIIE Boss BOLT AND NUT COMPANY
and AMALGAMATED LOCAL 453, UAW-CIO
Case No. 13-R-3366.-Decided March 14,1946
Mr. George Venca, of Chicago, Ill., for the Company.
Messrs. Hilliard D. Ellis and David B. Rothstein, of Chicago, Ill.,
for the Union.
Mr. Julius Topol, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Amalgamated Local 453, UAW-CIO,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of The Lock
Nut Corporation of America, a Delaware Corporation, and/or the
Boss Bolt and Nut Company,' Chicago, Illinois, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Thomas S. Wilson, Trial
Examiner. The hearing was held at Chicago, Illinois, on December
19, 1945.
At the beginning of the hearing the Company appeared specially
in order to move to dismiss the petition on the grounds that (1)
I The Company was described in the petition and formal papers as the "Boss Bolt and
Nut Company." At the hearing counsel for the Company stated that the name of the
employer here involved is "The Lock Nut Corporation of America" and that "Boss Bolt
and Nut Company" was not a corporate entity but merely a trade name used by the
Company. Whereupon the Union moved to amend the petition and all formal papers
to read as above. The Company objected to the amendment on the ground that there is
no employer named "Boss Bolt and Nut Company" operating at the location stated.
The Trial Examiner referred the objection to the Board for determination.
The record clearly shows that at one time "Boss Bolt and Nut Company" was, in
fact, a business entity ; that the Company printed the name "Boss Bolt and Nut Com-
pany" on its pay-roll checks and building sign ; and that the Company is listed under
that name in the local telephone book. No other known business organization is using
the same trade name It is thus apparent that "The Lock Nut Corporation of America"
and the "Boss Bolt and Nut Company" are identical. In view of the foregoing the
Company's objection to amending the petition and formal papers is hereby overruled.
66 N. L. R. B., No. 99.
754
THE LOCK NUT CORPORATION OF AMERICA 75S
there is no employer named "Boss Bolt and Nut Company" operating
at the location stated in the petition, (2) authorization cards sub-
mitted by the Union that are signed by employees who purport to
work for the "Boss Bolt and Nut Company" may not be used to indi-
cate that the Union represents a substantial number of employees of
"The Lock Nut Corporation of America," and (3) inasmuch as the
Company is engaged in the manufacture of steel products and is
closely allied with the steel industry the Union, whose parent organ-
ization is identified with employees in the automobile industry,
is incompetent to represent the Company's employees. The Trial
Examiner referred the motion to the Board for determination. For
the reason stated in footnote 1, supra, the motion to dismiss on the
first ground is denied, and for the reasons set forth in Section III,
infra, the motion to dismiss on the other grounds is also denied.
Without waiving its special appearance the Company then partici-
pated in the hearing; the Union also appeared and participated.2
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 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 Lock Nut Corporation, a Delaware Corporation, and/or the
Boss Bolt and Nut Company, operates its only plant at Chicago,
Illinois, where it is engaged in the manufacture of bolts, nuts, and
rivets of various descriptions. During the first 10 months of 1915
the Company purchased raw materials, consisting principally of cold
rolled steel, coiled wire, bar stock, and bar steel, amounting in value
to more than $125,000. Approximately 40 percent of these raw ma-
terials was purchased outside the State of Illinois. During the same
period the value of the Company's total sales exceeded $250,000, of
which about 87 percent represented shipments to points outside the
State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
2 The Union waived the right to object to any election which may be ordered herein
on the basis of the charges filed in Case No. 13-C-2708.
756 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATION INVOLVED
Amalgamated Local 453, United Automobile Workers, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate a
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company,4 within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union seeks a unit of all production, maintenance, and ship-
ping room employees of the Company, including the toolroom em-
ployees and non-supervisory working foremen, but excluding office
employees, the shipping clerk, cut-threading department foreman, ]lot
shop foreman , cold press nut machines foreman, toolroon foreman.
and all other supervisory employees within the meaning of the
Board's usual definition. The only disagreement between the parties
relates to the toolroom employees and the toolroom foreman. The
Company would exclude these employees from the unit on the ground
that it always considered toolroom employees as a separate group.
If, however , the toolroom employees are included in the unit the
3 The Field Examiner reported that the Union submitted 56 authorization cards and
that there are approximately 104 employees in the alleged appropriate unit
As noted above , the second ground of the Company 's motion to dismiss the petition
was, in effect , that authorization cards , signed by employees purporting to work for
"Boss Bolt and Nut Company," may not be used to indicate that the Union represents
a substantial number of employees of "The Lock Nut Corporation of America " Because.
as found in footnote 1, supra , these two names describe the same business entity, we
find this contention of the Company to be without merit
4 As the final ground of its motion to dismiss the petition, the Company contended that
because it manufactures steel products , and inasmuch as few, if any , of these products
are used by the automobile industry , the Union , whose parent organization is identified
with employees in the automobile industry , is incompetent to represent its employees
we do not agree . Mere identification of the parent organization with the employees in
one industry does not limit the authority of that organization or its affiliate to represent
employees in another industry . The authority of a bargaining agency, in such circum-
stances, must be sought in the employees ' consent. Accordingly , inasmuch as the em-
ployees have designated the petitioner as their bargaining agency, we find that the
petitioner is a competent labor organization and that the third ground of the Company's
motion is without merit.
THE LOCK NUT CORPORATION OF AMERICA 757
Company contends that the toolroom foreman should also be in-
cluded. The disputed employees are discussed below :
Toolroom employees: There is no history of collective bargaining
at the Company's plant. The Company employs approximately nine
toolroom employees who are under the immediate and separate super-
vision of the toolroom foreman. These employees are skilled machine
shop men whose principal duties are to keep production machines in
repair, to make dies for these machines, and to set the machines up for
production when changes in dies are necessary. Three employees do
part of their work in the general plant setting up and dismantling ma-
chines, while the remaining toolroom employees do all their work in
the toolroom which is physically set apart from the rest of the plant.
Because of their superior skill, toolroom employees are paid higher
hourly rates than employees who operate the production machines.
Despite the existing differences between toolroom employees on the
one hand and production and maintenance employees on the other
hand, the record establishes that toolroom employees perform work
which is an essential part of the production process and that they
have a community of interest with production and maintenance em-
ployees. Moreover, no labor organization in attempting to represent
them in a separate unit and to exclude them from the proposed unit
would deprive them of collective bargaining at this time. Under all
the circumstances we shall include the toolroom employees in the
unit .5
Poolroom foreman: Uncontradicted testimony indicates that this
employee has authority effectively to recommend the hire, promo-
tion, and discharge, or discipline of toolroom employees. He is,
therefore, a supervisory employee within the meaning of the Board's
customary definition of that term and we shall exclude him from
the unit.
We find that all production, maintenance, and shipping room em-
ployees of the Company, including toolroom employees and non-
supervisory working foremen,6 but excluding office employees, the
shipping clerk, cut-threading department foreman, hot shop foreman,
cold press nut machines foreman, toolroom foreman, 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.
5 See Matter of Pactific Mills, 60 N. L. R. B 467 ; Matter of Jaeger Watch Company,
45 N. L. R. B. 616; Matter of John Deere Harvester Works of Deere & Company, et al.,
44 N. L R. B 335; Matter of David Kahn, Inc, 31 N. L. R. B. 578.
This includes the pointer foreman, rolled thread foreman, upright tappers foreman.
hand trimmers foreman, and shipping room foreman
758 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election 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, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Lock Nut
Corporation of America, a Delaware Corporation, and/or the Boss
Bolt and Nut 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 super-
vision 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 Regula-
tions, 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
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 or not they
desire to be represented by Amalgamated Local 453, UAW-CIO, for
the purposes of collective bargaining.