The Yale & Towne Manufacturing Co.

National Labor Relations Board - Board Decisions

Oct 19, 1940

27 N.L.R.B. 967 (N.L.R.B. 1940)

In the Matter of SAGER LOCK WORKS AND BARROws LOCK WORKS,
DIVISIONS OF THE YALE & TOWNS MANUFACTURING COMPANY, A
CORPORATION , and BUILDERS' HARDWARE WORKERS OF WAUKEGAN,
ILLINOIS , A CORPORATION
Case No. R-1685.-Decided October 19, 1940
Jurisdiction : hardware manufacturing industry.
Investigation and Certification of Representatives : existence of question' con-
flicting claims of rival representatives; election necessary. '
Labor organization which stated, at a time when Company had not posted
and maintained notices in compliance with Board's order in prior complaint
case, that it did not desire to participate in an election, granted leave to
make application to have its name appear on ballot where Company has
since posted and maintained notices in compliance with Board's order.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees excluding clerical and office workers, watchmen, salesmen, foremen
and all other supervisory employees
Mr. Charles F. McErlean for the Board.
Edwards d Block, by Mr. Sidney H. Block, of Waukegan, Ill., for
the- Company.
Mr. Gerald C. Snyder, of Waukegan, Ill., for _ the Hardware
Workers.
Mr. Robert F. Koretz, of counsel to the Board.
DECISION
DIRECTION OF ELECTION
AND
ORDER
STATEMENT OF THE CASE
On December 15, 1937, Builders' Hardware Workers of Wauke-
gan, Illinois , a labor organization , herein called the Hardware Work-
ers, filed a petition with the Regional Director for the Thirteenth
Region (Chicago, Illinois) alleging that a question, affecting com-
merce had arisen concerning the representation of employees of The
Yale & Towne Manufacturing Company, a corporation,,. North Chi-
i This is ' the correct designation of the Company . It is referred to in the petition and
other papers as "Yale and Towne Mfg. Co, a corporation "
27 N. L. R. B., No 161.
967
968 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cago, Illinois , herein called the Company,' employed at the North
Chicago plant of the Company in the Sager Lock Works and Barrows
Lock Works divisions thereof, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On February 23, 1938, the National Labor Relations- Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, of National Labor Relations Board Rules and
Regulations-Series 1, , as amended , ordered an investigation 'and
authorized the Regional Director to conduct it and to provide for
an appropriate hearing upon due notice.
,About the time the investigation was directed , Lodge 1647, Amal-
gamated Association of Iron, Steel & Tin Workers of North America,
a labor organization herein called the Lodge , acting through Steel,
Workers Organizing Committee , a labor organization , initiated pro-,
ceedings under Section 10 of the Act in a certain case entitled Matter
,of The Yale c6 Townze Manufactltring Company and Amalgamated
Association of Iron, Steel and Tin Workers of North America Lodge
No. 1647, through the Steel Workers Organizing Committee , afl-
iated with . the Committee for Industrial Organization , Case No.
C-928,2 charging the Company , among other things , with dominating
and interfering with the formation and administration of, and con-
tributing support to, the Hardware Workers, in violation of Section
8 (2) of the Act, and with interfering with, restraining, and coercing
its North Chicago plant employees in the exercise of rights guaran-
teed them under the Act, in violation of Section 8 (1). Pending de-
cision in that case , no notice of hearing was issued nor were other
proceedings had herein . On November 13, 1939, the Board issued its
Decision and Order in that case , wherein it found that the Company
had not dominated or interfered with the formation or administration
of, or contributed support to , the Hardware Workers, but did find
and conclude that the Company otherwise had interfered with, re-
strained , and coerced its North Chicago plant employees in the exer-
cise of rights guaranteed them under the Act. The Company was
ordered to cease and desist from 'engaging in such interference, re-
straint, and coercion , and to post in the plant notices to its employees
stating that it would cease and desist therefrom.
On December 15, 1939, the then Acting Regional'Director for the
Thirteenth Region, in pursuance of the afore -mentioned order of
February 23, 1938, issued a notice of hearing herein , and on December
20, 1939, the Regional Director issued an order postponing the hear-
ing, copies of which were duly served upon the Company , the Hard-
ware Workers, and the Lodge ., Pursuant to the notice and order a
2 17 N L R B 666
SAGER LOCK WORKS 969
hearing was held on January 15, 1940, at Waukegan, Illinois, before
Herbert Wenzel, the Trial Examiner duly designated by the Board.
The Board, the Company, and the Hardware Workers appeared,
were represented by counsel, and participated in the hearing. The
Lodge did not appear at the hearing, but informed the Regional Di-
rector that it did not desire to, and would not, participate in any
election directed herein. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues was afforded all parties. At the beginning of the hearing
the Trial Examiner granted a motion by the Hardware Workers to
amend the petition. At the close of the hearing the Hardware
Workers moved that it be certified upon the basis of the evidence
in the record. Ruling on this motion was reserved for the Board.
For reasons appearing hereinafter, said motion is hereby denied.
During the course of the hearing the Trial Examiner made various
rulings on objections to the admission of evidence. The Board has
reviewed the rulings of the Trial Examiner and finds that no preju-
dicial errors were committed. The rulings are hereby affirmed.
At the hearing counsel for the Company stated that the Company
had not posted the notices required of it under the order in Case
No. C-928, but that discussion in respect of the same were then being
,had by it with the Regional Director. On October 10, 1940, the Re-
gional Director reported to the Board that the Company posted and
maintained notices in compliance with the aforesaid Order, and ad-
vises that an election, if directed, may appropriately be held at this
time. We, therefore, have now proceeded to direct below an election
among employees of the Company within the unit hereinafter found
to be appropriate.
In view of the report and advice of the Regional Director, it may
be that the Lodge now desires to participate in such an election.
Accordingly, we shall issue an order making provision therefor.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Yale & Towne Manufacturing Company is a Connecticut cor-
poration, with a plant and place of business at North Chicago, Illi-
nois. The Company is engaged in the manufacture, sale and distri-
bution of locks for buildings and builders' hardware, consisting mainly
of door knobs, escutcheon plates, knockers, and similar products. In
the year ending December 31, 1939, the Company purchased for use
in the course of production at the North Chicago plant 4,100,000
pounds of raw materials, approximately 53 per cent of which were
970 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
shipped that year to the plant from points outside the State of Illinois.
In the same period the Company manufactured 3,461,918 pounds of
finished products, approximately 91 per cent of which were shipped
from the North Chicago plant to points outside the State of Illinois.
As already indicated the North Chicago plant comprises two divisions,
Sager Lock Works and Barrows Lock Works. Approximately 280
production and maintenance workers are employed by the Company
in these divisions.
The Company admits, for the purposes of these proceedings, that it
is engaged in interstate commerce, within the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
Builders' Hardware Workers of Waukegan, Illinois, is an unaffili-
ated labor organization incorporated under the laws of Illinois. Lodge
1641, Amalgamated Association of Iron, Steel & Tin Workers of North
America, is a labor organization affiliated with Steel Workers Or-
ganizing Committee and Congress of Industrial Organizations. The
Hardware Workers and the Lodge each admit to membership produc-
tion and maintenance workers of the Company employed in the Sager
Lock Works and Barrows Lock Works divisions of the North Chicago
plant.
III. THE QUESTION CONCERNING REPRESENTATION
In 1937 the Hardware Workers requested the Company to recognize
and otherwise bargain collectively with it as the exclusive representa-
tive of employees of the Company at its North Chicago plant. The
Company refused this request on the ground that it had received a
like request from the Lodge for collective bargaining. The Company
assumes the position that it will not recognize or deal with either labor
organization as the statutory representative of its employees unless
and until such labor organization is certified by the Board as such
representative. '
We find that a queston has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation 'which has arisen,
occurring'in connection with the operations of the Company described
in Section I above, has a close, intimate , and substantial relation to
trade, traffic, and commerce among the several States , and tends to
lead to labor disputes burdening and obstructing commerce and the
free flow of commerce.
SAGER LOCK WORKS
V. THE APPROPRIATE UNIT
971
At the hearing the Company, the Hardware Workers, and counsel
for the Board stipulated that all production and maintenance em-,
ployees of the Company at its North Chicago, Illinois, plant, excluding
clerical and office workers, watchmen, salesmen, foremen and all other
supervisory employees, constitute a unit appropriate for the purposes
of collective • bargaining. There appears to be no reason for our
finding this unit,to be inappropriate. Accordingly, we find that all
production and maintenance employees of the Company at its North
Chicago, Illinois , plant, excluding clerical and office' workers, watch=
men, salesmen , foremen and all other supervisory employees, consti-
tute a unit appropriate for the purposes of collective bargaining and
that said unit will insure to employees of the Company the full benefit
of their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
A substantial number of the persons employed at the North Chicago
plant within the unit above found to be appropriate applied for mem-
bership,in the; Hardware'Workers•and thereby designated that labor
organization as bargaining representative. However, in view of the
lapse of time since the hearing, and the circumstances of the case, we
are of the opinion, and we find, that the question concerning repre-
sentation which has arisen can best be resolved by the holding of an
election by secret ballot among employees in the appropriate unit
to determine their desires with regard to representation. Accord-
ingly, we shall direct that an election by secret ballot be held subject
to such limitations as may be stated in the Direction of Election and
Order.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question 'affecting commerce has arisen concerning the repre-
sentation of employees of The Yale.& Towne Manufacturing Company,
North Chicago, Illinois, employed at the North Chicago plant of the
said Company in the Sager Lock Works and Barrows Lock Works
divisions thereof, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the Act. _
2. All production and maintenance employees of the Company at
its North Chicago, Illinois, plant, excluding clerical and office work-
ers, watchmen. salesmen, foremen and all other supervisory employees,
972 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
constitute a unit appropriate for the purposes of collective bar-
gaining, within the meaning of Section 9 (b) of the Act.
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 Rela-
tions 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 authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with The Yale & Towne Manufacturing Company, North Chicago,
Illinois, an election by secret ballot shall be conducted in not less
than ten (10) nor more than thirty (30) days from the date of this
Direction of Election, under the direction and supervision of the
Regional Director for the Thirteenth Region, acting in this matter as
agent for the Board, and subject to Article III, Section 9, of said
Rules and Regulations, among all production and maintenance em-
ployees of the Company at its North Chicago, Illinois, plant, who were
employed by the Company during the pay-roll period immediately pre-
ceding the date of this Direction of Election, including employees
who did not work during such pay-roll period because they were ill
or on vacation and employees who were then or have since been tem-
porarily laid off, but excluding employees who have since quit or been
discharged for cause, and also excluding clerical and office workers,
watchmen, salesmen, foremen and all other supervisory employees, to
determine whether or not they desire to be represented by Builders'
Hardware Workers of Waukegan, Illinois, for the purposes of collec-
tive bargaining.
ORDER
By virtue of and pursuant to'Section 9 (c) of the National Labor
Relations Act, 49 Stat . 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations=Series
2, as amended,,
, IT IS HEREBY ORDERED that leave be, and the same hereby is, granted
to Lodge 1647, Amalgamated Association of Iron, Steel & Tin Workers
of North America to file with the Board at Washington, D. C., on
or before October 26, 1940, its application to have its name appear
upon the ballot in the election directed herein for the purpose of af-
fording employees eligible to vote in said election an opportunity to
select or designate, if they'so desire, Lodge 1647, Amalgamated Asso-
ciation of Iron, Steel & Tin Workers of North America , as their repre-
sentative for collective bargaining.