Whiting Corp.

National Labor Relations Board - Board Decisions

Apr 2, 1947

73 N.L.R.B. 138 (N.L.R.B. 1947)

In the Matter of WHITING CORPORATION , EMPLOYER and UNITED CON-
STRUCTION WORKEERS , U. M. W. A., A. F. OF L.,1 PETITIONER
Case No. 13-R-4049.Decided April °2, 1947
Messrs. McDermott, Will and Emery, by Messrs. Fletcher Lewis and
John C. Cavanaugh, of Chicago, Ill., for the Employer.
Messrs. Floyd T. Higgins and Robert L. Meyers, of Harvey, Ill., for
the Petitioner.
Mr. Bernard L. Balicer, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Chicago,
Illinois, on December 30, 1946, before Karl W. Filter, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FIN DINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
The Employer is an Illinois corporation engaged in the manufacture
of heavy industrial equipment. Its plant and principal offices are
located at Harvey, Illinois. During the year 1946 the Employer
purchased raw materials consisting principally of steel and electrical
machinery and equipment amounting in value to ipproximately $4,-
500,000, of which approximately 80 percent was obtained from points
outside the State of Illinois. During the same period the Employer's
finished products amounted to $12,000,000 in value, of which approxi-
mately 85 percent was shipped to points outside the State of Illinois.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
I Title as amended at the hearing.
73 N. L. R B, No. 22.
138
WHITING CORPORATION
II. THE ORGANIZATION INVOLVED
139
The Petitioner is a labor organization affiliated with United Mine
Workers, American Federation of Labor, 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.2
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. TILE APPROPRIATE UNIT
We find, in substantial accord with the agreement of the parties,
that all production and maintenance employees of the Employer at its
'Harvey, Illinois, plant, including non-supervisory inspectors, but
excluding watchmen, laboratory technicians, office clerical employees,
shop clerical employees (including shop clerks employed in produc-
tion control, traffic, yards, stockroom and stores), foremen and assist-
ant foremen, group leaders, and all or any other supervisory em-
ployees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend such action, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act.,
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Whiting Corporation, Harvey,
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 Direc-
tor for the Thirteenth Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Sections 203.55 and
203.56, of National Labor Relations Board Rules and Regulations-
Series 4, among the employees in the unit found appropriate in
Section IV, above, who were employed during the pay-roll period
' At the hearing, and in its brief , the Employer moved to dismiss the petition on the
ground that the Petitioner had not made an adequate showing of representation The hear-
ing officei reserved for the Board ruling on the motion. The motion is hereby denied See
Mattel of 0. D Jennings & Company , 68 N L R B. 516
1 There are approximately 650 emplo } ees in the appropriate unit.
140 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 re-
instated prior to the date of the election, to determine whether or not
they desire to be represented by United Construction Workers, U.
M. W. A., A. F. of L.,4 for the purposes of collective bargaining.
CHAIRMAN HERZOG took no parr in the consideration of the above
Decision and Direction of Election.
4 On February 2 1, 1947 , subsequent to the hearing , the United Steelworkers of America,
affiliated with the Congress of Industrial Organizations, filed a motion with the Board to,
intervene in the pioceedings for the purpose of having its name placed on the ballot.
Theieafter , on March 11 , 1947 , the Steelworkers advised the Board that it had no further
interest in this proceeding and requested permission to withdraw its motion to intervene.
The request is hereby granted.