A. Finkl & Sons Co.

National Labor Relations Board - Board Decisions

Jan 16, 1946

65 N.L.R.B. 515 (N.L.R.B. 1946)

In the Matter of A. FINKL & SONS Co. and INTERNATIONAL BROTIIER-
IHOOD OF BLACKSMITHS, DROP FORGERS AND HELPERS, A. F. L.
In the Matter of A. FINKL & SONS Co. and LOCAL B-134, INTERNA-
TIONAL BROTIIERTIOOD OF ELECTRICAL WORKERS, A. F. L.
Cases Nos. 13-R-3246 and 13-R-3315, respectively.Decided
January 16, 1946
Fyffe and Clarke, by Mr.. David R. Clarke, of Chicago, Ill., and
Messrs. William Finkl and A. R. Lane, of Chicago, Ill for the Com-
pany.
Messrs. Gerald Wolsfelt, of North Aurora, Ill., and James F. Kelly,
of Chicago, Ill., for the Blacksmiths.
Mr. Emory J. Smith, of Chicago, Ill., for the I. B. E. W.
Mr. Samuel G. Hamilton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE
Upon separate petitions duly filed by International Brotherhood
of Blacksmiths, Drop Forgers and Helpers, A. F. L., herein called
the Blacksmiths, and Local B-134, International Brotherhood of Elec-
trical Workers, A. F. L., herein called the I. B. E. W., alleging that
questions affecting commerce had arisen concerning the representation
of employees of A. Finkl & Sons Co., Chicago, Illinois, herein called
the Company, the National Labor Relations Board consolidated the
cases and provided for an appropriate hearing upon due notice before
Benjamin B. Salvaty, Jr., Trial Examiner. The hearing was held at
Chicago, Illinois, on October 17, 1945. The Company, the Black-
smiths, and the I. B. E. W. appeared and participated.' All parties
were afforded full opportunity to be heard, to examine and cross-ex-
amine witnesses, and to introduce evidence bearing on the issues.2 The
1 Although duly served with Notice of Hearing , International Association of Machinists,
A. F L, failed to appear.
Y After the close of the hearing, the parties entered into a stipulation to correct an error
in the transcript The stipulation is hereby approved and made part of the official record
in this proceeding , and the transcript made at the hearing is deemed corrected in accord-
ance therewith.
65 N. L. R. B, No. 85.
.515
516 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Trial Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed. All parties were afforded an oppor-
tunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
A. Finkl & Sons Co., an Illinois corporation, is engaged in the man-
ufacture of steel forgings and die blocks at its plant 3 located in Chi-
cago, Illinois. During the first 6 months of 1945, the total value of
raw materials purchased by the Company was in excess of $50,000, of
which more than 50 percent was shipped to the plant from points
outside the State of Illinois. During the same period, the total value
of finished products manufactured by the Company was in excess of
$75,000, of which more than 60 percent was shipped from the plant to
points outside the State.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Blacksmiths, Drop Forgers and
Helpers, and Local B-134, International Brotherhood of Electrical
Workers, both affiliated with the American Federation of Labor, are
labor organizations admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Blacksmiths
and to the I. B. E. W. as the exclusive bargaining representative of
certain of its employees until they have been certified by the Board
in appropriate units.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Blacksmiths and the I. B. E. W. each repre-
sents a substantial number of employees in the respective units sought
by them and hereinafter found appropriate.4
This "plant" has four subdivisions , known as plants 1, 2, 3, and 4.
The Field Examiner reported that the Blacksmiths submitted a certified list of current
dues-paying members, dated October 3, 1945 , which contained the names of 116 individuals,
and that 113 of them appeared on the Company ' s pay roll of September 9, 1945. There
are approximately 249 employees in the unit sought by the Blacksmiths
The Field Examiner further reported that the I. B. E. W. submitted 13 authorization
cards ; that 12 of the cards bore the names of persons appearing on the Company ' s pay roll
of September 9, 1945; and that 4 of the cards were dated in June 1945 , and 8 were undated.
There are approximately 15 employees in the unit sought by the I . B. E. W.
A. FINKL & SONS CO. 517
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)i and (7) of the Act.
IV. THE APPROPRIATE UNITS
We find, in substantial accordance with the agreement 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 in its plants 1, 2, 3, and 4, located
in Chicago, Illinois, including the employees in the forge shops of
plants 1 and 2, the heat treating departments of plants 1, 2, 3, and 4,
the boiler room of plants 1 and 2, the shipping department, and the
millwright department, the raw and finished material inspection
employees, the yard (material storage) employees of plants 1 and 2,
and the intra-plant and inter-plant tractor drivers, but excluding office
and clerical employees, outside truck drivers, employees in the machine
shops of plants 1, 2, 3, and 4, the die-sinking department of plant 1,
and the maintenance and repair departments of plants 1, 2, 3, and 4,5
the maintenance electricians and helpers, chief electrician, chief metal-
lurgist, superintendents, foremen, and all other supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action e
2. All maintenance electricians and helpers of the Company in its
plants 1, 2, 3, and 4, located in Chicago, Illinois, excluding the chief
electrician and all other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action.7
On February 13, 1945, the Board certified the International Association of Machinists,
District No . 8, A. F L., as the exclusive bargaining representative of the employees in
the machine shops of plants 1, 2, 3, and 4 , the die-sinking department of plant 1, and the
maintenance and repair departments of plants 1, 2, 3, and 4 See Matter of A. Finkl and
Sons Company, Order Dismissing Petition and Certification of Representatives ( unpub-
lished).
The employees included in unit 1 are designated by the following "job code num-
bers" 1-1A-2-3-5-9-14-15-53-54-55-56-57-58-59-60-61-62-63-64-65-66-67-68-69-70-
71-72-73-74-75-76-77-78-70-80-81-82-84-86
Unit 1, sought by the Blacksmiths, is substantially similar to that found appropriate
by the Board in Matter of A Finkl and Sons Company, 59 N. L. R. B. 1165, which involved
the same plant as is involved herein except that the employees found below to constitute
a separate appropriate unit were in that case included in the broader unit.
7 In this unit, sought by the I B E W , there are approximately 15 employees . They are
engaged exclusively in electrical maintenance repair work, and are under the immediate
supervision of the chief electrician , who the parties agree, and we find, is a supervisory
employee within the meaning of our usual definition. They possess skills and perform
functions characteristic of their craft, and, 'as we have frequently found, may con- i
stitute a separate appropriate unit in the absence of any previous history of collective
bargaining. See Matter of Western Electric Company , Inc., 61 N. L. R. B. 974; Matter
of Pacific States Steel Corporation , 57 N. L. R B 1084; Matter of Bolin Aluminum il
Brass Corporation, 52 N. L. R B 1305. No such history has been shown herein. The
Blacksmiths has disclaimed any interest in these employees and does not desire to partici-
pate in any election which the Board may direct with respect to this group Under all the
circumstances , we are establishing these employees as a separate bargaining unit.
51S DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF 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 Relations 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 purposes of collective bargaining with A. Finkl & Sons
Co., Chicago, Illinois, separate elections by secret ballot shall be con-
ducted 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, Sections 10 and 11, of said Rules and Regulations, among the em-
ployees 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
those employees 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,
above, whether or not they desire to be represented by International
Brotherhood of Blacksmiths, Drop Forgers and Helpers, A. F. L., for.
the purposes of collective bargaining.
2. With respect to the employees described in unit 2, of Section IV,
above, whether or not they desire to be represented by Local B-134,
International Brotherhood of Electrical Workers, A. F. L., for the
purposes of collective bargaining.