Trindl Products, Ltd.

National Labor Relations Board - Board Decisions

Jul 18, 1947

74 N.L.R.B. 563 (N.L.R.B. 1947)

In the Matter of TRINDL PRODUCTS, LTD., EMPLOYER and UNITED PACK-
INGIIOUSE WORKERS OF AMERICA , C. I. 0., PETITIONER
Case No. 13-R-4395.-Decided July 18,1947
Mr. Joseph H. Trindl, of Chicago, Ill., for the Employer.
Mr. John R. Hackney, of Chicago, Ill., for the Petitioner.
Mr. Morton B. Spero, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Upon a petition duly filed, the National Labor Relations Board on
May 21, 1947, conducted a prehearing election among employees of the
Employer in the alleged appropriate unit, to determine whether or not
they desired to be represented by the Petitioner for the purposes of
collective bargaining.
At the close of the election a Tally of Ballots was furnished the
parties. The Tally shows that there were approximately 31 eligible
voters and that 30 of these eligible voters cast ballots, of which 17 were
for, and 13 were against, the Petitioner.
Thereafter, a hearing was held at Chicago, Illinois, on June 13, 1947,
before Robert T. Drake, 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
Trindl Products , Ltd., an Illinois corporation , operates a plant in
Chicago, Illinois , where it is engaged in the manufacture of electric
and are welding equipment . During the 12-month period preceding
the hearing, the Employer purchased for use at this plant raw mate-
rials valued at over $50,000, of which amount approximately 25 percent
represented shipments from sources outside the State of Illinois. Dur-
ing the same period, the Employer sold from this plant over $100,000,
74 N. L . R B., No . 1 08. 563
564 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
worth of finished products, of which 75 percent represented shipments
to points outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer, until the
Petitioner has been certified by the Board in an appropriate unit.
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
We find, in accordance with the agreement of the parties at the hear-
ing, that all employees at the Chicago, Illinois, plant of the Employer,
excluding all office and clerical employees, and all supervisory em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.'
V. THE DETERMINATION OF REPRESENTATIVES
The results of the election held before the hearing show that the
Petitioner secured a majority of the valid votes cast. Under these
circumstances, we shall certify the Petitioner as the collective bargain-
ing representative of the employees in the appropriate unit.
CERTIFICATION OF REPRESENTATIVES
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining, it is hereby certified that the United
Packinghouse Workers of America, C. I. 0., has been designated and
selected by a majority of all employees at the Chicago, Illinois, plant
of Trindl Products, Ltd., excluding all office and clerical employees,
and all supervisory employees, as their representative for the purposes
of collective bargaining, and that, pursuant to Section 9 (a) of the
I The election was held among employees in this unit.
TRINDL PRODUCTS, LTD. 565
Act, the said organization is the exclusive bargaining representative
of all such employees for the purposes of collective bargaining with
respect to rates of pay, wages, hours of employment, and other condi-
tions of employment.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Certification of Representatives.