United Wall Paper Factories, Inc.

National Labor Relations Board - Board Decisions

Nov 21, 1942

45 N.L.R.B. 721 (N.L.R.B. 1942)

In the Matter of UNITED WALL PAPER FACTORIES , INC. and DISTRICT No.
108, INTERNATIONAL ASSOCIATION OF MACHINISTS , A. F. OF L.
Case No. R-4488.-Decided November 21, 1942
Jurisdiction : ordnance manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to bargain with petitioner until certified by the Board ; election necessary.
Unit Appropriate for Collective Bargainin g: all employees, excluding executives,
supervisors, foremen, assistant foremen, inspectors, guards, timekeepers,
draftsmen, laboratory technicians, nurses, office and clerical employees ; stipu-
lation as to.
Mr. Robert C. Palmer, of New York City, and Mr. Nathammel S.
Clark, of Chicago, Ill., for the Company.
Mr. C. H. Guice, of Rockford, Ill., and Mr.•Lee J. Fitzpatrick, of
Aurora, Ill., for the Union.,
Mr. Seymour J. Spelman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended,petition duly filed by District No. 108,
International Association of Machinists, A. F. of L., herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of United Wall Paper Fac-
tories, Inc., Montgomery, Illinois, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Robert E. Dickman, Trial Examiner. Said
hearing was held at Chicago, Illinois, on November 6, 1942. The
Company and the Union appeared, participated, and 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.
45 N. L. R. B., No. 107. _
721
49350S-43-vol. 45--46
722 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
'United Nall Paper Factories, Inc., a Delaware corporation, having
its principal offices in Chicago, Illinois, operates a manufacturing
plant at Montgomery, Illinois, and other plants at various points in
the United States. The Montgomery plant is the only plant involved
in this proceeding, and it is engaged exclusively in the production of
materials for the armed forces of the° United States. During the
period from June 1, 1942 to October 31, 1942, the Company purchased
for use at its Montgomery plant, raw materials valued in excess of
$50,000, approximately 95 percent of which was shipped from places
outside the State of Illinois. During the same period, the Company
produced finished products at its Montgomery plant valued in excess
of $50,000, all of which was shipped to points outside the State of
Illinois. The Company concedes that it is engaged in commerce
within the meaning of the Act. -
II. TIIE ORGANIZATION INVOLVED
District No. 108, International Association of Machinists, is a labor
organization affiliated with the American Federation of Labor, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about August 19, 1942, the Union represented to the Company
that a. majority of all production and maintenance employees at the
Company's Montgomery plant had designated it as their exclusive
bargaining agent and requested recognition for the purposes of col-
lective bargaining. The Company refused to grant recognition.
A statement of the Acting Regional Director, introduced in evidence
at the hearing, shows that the Union represents a substantial number
of employees 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 Acting Regional Director stated that the Union submitted 159 designations, all
bearing apparently genuine original signatures . Of these, 58 appear to be the genuine
original signatures of persons whose names appear on the Company's pay roll of September
30, 1942, covering the appropriate unit, which pay roll contains the names of 154 persons
within the appropriate unit.
UNITED WALL PAPER FACTORIES, INC . 723
IV. THE APPROPRIATE UNIT
We find, in accordance with the stipulation of the parties, that all
employees at the Company's Montgomery plant, excluding executives,
supervisors, foremen, assistant foremen, inspectors, guards,, time-
keepers, draftsmen, laboratory technicians, nurses, and office and-
cleri-cal employees, 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
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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with United Wall
Paper Factories, Inc., Montgomery, 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 supervi-
sion of the Regional Director for the Thirteenth Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Section 10, of said Rules and Regulations, 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 any such employees who did not work
during said pay-roll period because they were ill or on vacation or in
the active military service or training of the United States, or tem-
porarily laid off, but excluding employees who have since quit or
been discharged for cause, to determine whether or not they desire to
be represented by District No. 108, International Association of Ma-
chinists, A. F. of L., for the purposes of collective bargaining.