Verson Allsteel Press Co.

National Labor Relations Board - Board Decisions

Apr 25, 1942

40 N.L.R.B. 858 (N.L.R.B. 1942)

In the Matter of VERSON ALLsrEEL PREss CoaIrANY and INTERNA-
TIONAL ASSOCIATION OF MACHINISTS, SHOP WELDERS & CUTTERS OF
AMERICA , LOCAL 1539, AFFILIATED wITH A. F. OF L.
Case No. R-3689.-Decided April 05, 19-1j2
Jurisdiction : metal equipment manufactiuing industry
Investigation and Certification of Representatives : existence of 7uestiou re-
fusal to accord petitioner recognition ; election necessary.
Unit Appropriate for Collective Bargaining : in absence of self-organization on
a broader basis, unit confined to welders and cutters and their helpers and
lay-out men (including gang leaders or working foremen, but excluding the
welding and cutting foremen), held appropriate.
Mr. Joseph Z. Willner and Mr. Samuel C. Horwitz of Chicago, Ill.,
for the Company. '
Mr. Nathan J. Kaplan,_of Chicago, Ill., for the Union.
Miss Marcia Hertzm ark, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On December 16, 1941, and March 30, 1942, respectively; Interiia-
tional Association of Machinists, -Shop Welders & Cutters of
America, Local 1539, affiliated with A. F. of L., herein called the
Union, filed with the Regional Director for the Thirteenth Region
(Chicago, Illinois) a petition and an amended petition alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Verson Allsteel Press Company, Chicago,
Illinois, herein called the Company, 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 March 18, 1942, . 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 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for
an appropriate hearing upon due notice.
40 N. L R. B. No 153.
858
17YRSON ALLSTEEL PRESS COMPANY 859
'On March 20, 1942, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
Union. Pursuant to notice, a hearing was held on March 31 and
April 1, 1942, at Chicago, Illinois, before William J. Issacson, the
Trial Examiner duly designated by the Chief Trial Examiner. The
Company and the Union were represented and participated in the
hearing. Full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues was afforded
all parties. During the hearing the Company filed with the Trial
Examiner an application for a subpoena daces tecum to_ the Union
to produce a certain agreement referred to in the hearing. The Trial
Examiner denied the application. His ruling is hereby affirmed.
During the course of the hearing the Trial Examiner made rulings on
other motions and on objections to the admission of evidence. The
Board has reviewed the rulings of the Trial Examiner and" finds that
no prejudicial errors were committed. The rulings are hereby
affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Verson Allsteel Press Company, a Delaware corporation, is en-
gaged at its plant in Chicago, Illinois, in the manufacture of metal
working equipment and forging equipment. The -Company uses
steel and gray iron castings, bronze, belts, motors, forgings, and
rubber in the manufacture of its products and, during the year
ending August 31, 1941, purchased approximately $800,000 worth of
such materials. About 50 percent of such materials was purchased
outside the State of Illinois. The Company's sales during,the-ssame.
period were approximately $2,000,000, and about 50 percent of this
amount represented sales of products shipped outside the State of
Illinois. The Company employs about 350 persons.
IT. THE ORGANIZATION INVOLVED
International Association of Machinists, Shop Welders & Cutters
of America, Local 1539, is a labor organization affiliated with the
American Federation of Labor. It admits to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 5, 1941, the Union wrote the Company a letter re-
questing that it meet to discuss collective bargaining. The Com-
pany did not reply to this letter. Following the: filing of the peti-
860 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion herein , company and union representatives met on several
occasions on each of which the Company refused to recognize the
Union for the unit it claimed to represent. In March 1942, pur-
suant to a request from the Company, the Union submitted a pro-
posed contract covering the unit it alleged to be appropriate, but no
action has been taken thereon.
A statement by the Regional Director introduced in evidence indi-
catesi that the Union represents a substantial number of employees
in the unit it claims to be appropriate?
We find that a question 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 com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union desires a unit composed of welders and cutters and
their helpers, and lay-out men. The Company contends that a,
plant-wide unit is appropriate. The partie's agreed to the exclusion
of the welding foreman and the cutting foreman, and to the inclusion
of gang leaders or working foremen, in the event the Board should-
direct, an election in the unit contended for,by the Union.
The welders and cutters are located in separate departments in
the plant, have their own foremen and spend" the major portion of
their time in the welding and cutting departments. There is one
lay-out man for each group of six welders. The welders, during
approximately 25 percent of their time, may be called upon to do
welding at various points in the plant where there are outlets for
attaching their torches. Certain operations performed in the plant
require that an article be brought into the weld shop two or three
times in the course of manufacture. Pay rates in the weld shop
range- from about 50 cents to $1 an hour; in the burn shop (in which
the Butters' are employed) from 50,cents to 95 cents an hour; and in
i The Regional Director 's statement shows that the Union submitted to him 42 author-
ization cards , 40 of winch bore genuine ouginal signatures and 35 of which bore names
of persons whose names appeal ed on the Company's pay roll of March 28, 1942 There
are approximately 53 employees in the unit alleged by the Union to be appropriate
VERSON ALLSTEEL PRESS COMPANY 861
the rest of the plant from about 50 cents to $1.05 per hour . All em-
ployees use the same time clock. There is no history of collective
bargaining in the plant . However, during the period when the
Union was attempting to secure recognition from the Company, an
unsuccessful attempt to organize the remainder of the plant. was
made by International Association of Machinists, with which the
local here involved is 'affiiliated.
Although a plant-wide unit would not be inappropriate if organi-
zation had extended on such basis , we see no reason for depriving the
welders, cutters , and lay-out men of the benefits of collective bar-
gaining until such time as the rest of the plant may become
organized . We believe the purposes of the Act will best be effectuated
by making possible immediate collective bargaining on behalf of the
welders, cutters , and lay-out men. This determination does not,
however, preclude our finding at another time that a plant-wide
unit is appropriate.
We find that all welders and cutters and their helpers, and layout
men employed by the Company , including gang leaders or working
foremen , but excluding the welding and cutting foremen, constitute
a unit appropriate for the purposes of collective bargaining , and that
said unit will insure to employees ' of tlie' Company the full benefit
of their right to self-organization and to collective bargaining and
otherwise will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representatives which has
arisen can best be resolved by an election by secret ballot. The
parties agreed that a current pay roll should be used to determine
those eligible to vote. Persons eligible to participate in the election
shall be the employees in the appropriate unit who were employed
by _the Company during the pay-roll -=period next preceding the date
of our Direction of Election , subject to the limitations and additions
set forth therein.
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 Verson Allsteel Press Company, -Chicago,
Illinois, within the meaning of Section 9 (c) and Section 2 (6)
and (7 ) of the National Labor Relations Act.
2. All welders and cutters and their helpers, and lay-out men em-
ployed by the Company, including bang leaders or working foremen,
862 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
but excluding the welding and cutting foremen, constitute a unit ap-
propriate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the National Labor Relations 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 ordered by the Board to
ascertain representatives for the purposes of collective bargaining with
Verson Allsteel Press 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 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, Section 9, of said Rules and Regulations,
among all welders and cutters and their helpers, and lay-out men em-
ployed by the Company, who were employed during. the pay-roll"
period next preceding the date of this Direction, including gang leaders
or working foremen and any such employees who did not work durilig
such pay-roll period because they were ill or on vacation or in the
active military service or training of the United States, or temporarily
laid off, but excluding the welding and cutting foremen, and employees
who have, since quit or been discharged for cause, to determine whether
or not they desire to be represented by International Association of
Machinists, Shop, Welders & Cutters of America, Local 1539, affiliated
with A. F. of L., for the purposes of collective bargaining.