A. Finkl & Sons Co.

National Labor Relations Board - Board Decisions

Dec 19, 1944

59 N.L.R.B. 1165 (N.L.R.B. 1944)

In the Matter of A. FINKL & SONS COMPANY and INTERNATIONAL
ASSOCIATION OF MACHINISTS, DISTRICT NO. 8, A. F. OF L.
In the Matter of A. FINKL & SONS COMPANY and INTERNATIONAL
BROTHERHOOD OF BLACKSMITHS, DROP FORGERS AND HELPERS, A. F.
of L.
Cases Nos. 13-R2743 and 1.3-R-2744 respectively .Decided December
19,1944
Mr. Albert J. Smith, of Chicago , Ill., for the Company.
Mr. P. L. Siemiller , of Chicago , Ill., for the Machinists.
-Mr. Gerald Wolsfelt, of Chicago, Ill., for the Blacksmiths.
Mr. Harold M. Humphrey , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon separate petitions duly filed by International Association of
Machinists, District No. 8, A. F. of L., herein called the Machinists,
and International Brotherhood of Blacksmiths, Drop Forgers and
Helpers, A. F. of L., herein called the Blacksmiths, alleging that ques-
tions affecting commerce had arisen concerning the representation of
employees of A. Finkl & Sons, Chicago, Illinois, herein called the
Company, the National Labor Relations Board consolidated the cases
and provided for an appropriate hearing upon due notice before Robert
R.' Rissman, Trial Examiner. Said hearing was, held at Chicago,
Illinois, on November 22, 1944. -The Company, the Machinists and the
Blacksmiths appeared and participated.' All parties 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.' All parties were afforded an opportunity to file briefs
with the Board.
Upon the entire record in the case, the Board makes the following :
I Although duly served with Notice of Hearing , International Union of Mine, Mill &
Smelter Workers , C. I. 0, failed to appear. „
59 N. L . R. B., No. 207.
1165
1166 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
A. Finkl & Sons, an, Illinois corporation, is engaged in Chicago,
Illinois, in the-manufacture of steel forging and die blocks. For the
first 6 months of 1944, the total value of raw materials purchased
by the Company was in excess of $50,000,,of which more than.50
percent cane from points outside the State of Illinois. For the same
period, the total value of sales of finished products made by the Com-
- pany was in excess of $75,000, of which more than 60 percent was
shipped to points outside the State of Illinois. The Company's
products are used in war production.
The Company does not deny, and we find, that it is,engaged in
commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists and International Brother-
hood of Blacksmiths, Drop Forgers and Helpers, both affiliated with
the American Federation of Labor,•are labor organizations admitting,
to membership employees of the Company. -
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company refuses to grant recognition to the Machinists and
the Blacksmiths until they are certified by the Bdard in appropriate
units.
A. statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Machinists and the Blacksmiths each represents
a substantial number of employees in 'the respective units sought by
them and hereinafter found appropriate.2
We find that questions affecting commerce have 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.
IV. THE APPROPRIATE UNITS -
We find, in substantial accordance with the stipulation of the
parties,-that each of the following units is appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the Act :
1. All employees of the Company employed in the machine shops
of plants 1, 2, 3, and 4, die sinking department plant No. 1, and
maintenance and repair departments plants 1, 2, -3, and 4, excluding
2 The Trial Examiner reported that the Machinists submitted' 113 cards , and that there
are 239 employees in the unit sought by the Machinists ; and that , the Blacksmiths sub-
mitted , 102-cards , and that there are 261 employees in the unit sought by it.
A. FINKL & SONS COMPANY 1167
office and clerical employees, outside truck drivers, and the employees
specifically included in unit 2, set out below, and all supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively
recommend such action; s and
2. All employees of the Company in plants 1, 2, 3, and 4, consist-
ing of all employees, in the forge shops of plants 1 and 2, the
employees in the heat treating departments of plants 1, 2, 3, and 4,
boiler room employees of plants 1 and 2, electrical department em-
ployees of plants 1, 2, and 4, shipping department employees, raw
and finished material inspection employees, millwright department
employees, the yard (material storage) employees of plants 1 and 2,
and intra- and inter-plant tractor drivers, excluding office and clerical
employees, outside truck drivers, and persons specifically included
in unit 1, set out above, and all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes
in the' status of employees or effectively recommend such action."
V. THE DETERMINATION OP REPRESENTATIVES
We shall direct that the questions concerning representation which'
have arisen be resolved by separate elections by secret ballot among
the employees in the appropriate units who were employed during the
pay-roll period immediately preceding the date of the Direction of
Elections herein, subject to the limitations and additions set forth in
the Direction.
DIRECTION OF ELECTIONS
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 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purpose of collective bargaining with A. Finkl & Sons
Company, Chicago, Illinois, separate elections 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
a The employees included within unit 1 are designated by the following job code num-
bers: 4-6-10-11-12-13-16-17-18-18a-19-20-21-22-23-24-25-26-27-28-29-30-31-32-33-
34-35-36-37-38-40-41-42-43-44-45-46-47-48-49-50-51 and 52.
The employees included within unit 2 are designated by the following job code num-
bers: 1-la-2-3-5-7-8-9-14-15-32-53-54-55-56-57-58-59-60-61-62-63-64-65-66-67-68-
69-70-71-72-73-74-75-76-77-78-79-80-81-82-83 and 84.
618683-45-vol. 59-75
1168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to Article III, Sections 10 and 11, of said Rules and Regulations,
among the employees in the units found appropriate in Section IV,
above, who were employed during the pay-roll period 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 any who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
elections, to determine :
1. With respect to the employees described in unit 1 of Section IV,
supra, whether or not they desire to be 'represented by International
Association of Machinists, District No. 8, A. F. of L., for the purposes
of collective bargaining.
2. With respect to the employees described in unit 2 of Section
IV, supra, whether or not they desire to be represented by Interna-
tional Brotherhood of Blacksmiths, Drop Forgers and Helpers; A. ,F.
of L., for the purposes of collective bargaining.