American Buff Co.

National Labor Relations Board - Board Decisions

Apr 17, 1946

67 N.L.R.B. 473 (N.L.R.B. 1946)

In the Matter of BEN P. SAX, LEONARD B. SAX, HAROLD N. SAX, STAN-
LEY P. SAX, D/B/A AMERICAN BUFF COMPANY and WAREHOUSE &
DISTRIBUTION WORKERS UNION5 LOCAL 208 , ILWU-CIO
Case No. 13-RD433.Decided April 17, 1946
Mr. Albert J. Gilson, of Chicago, Ill., for the Company.
Mr. David B. Rothstein, of Chicago, Ill., for the Union.
Mr. Hyman H. Ostrin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Warehouse & Distribution Workers
Union, Local 208, ILWU-CIO, herein called the Union,' alleging that
a question affecting commerce had arisen concerning the representation
of employees of Ben P. Sax, Leonard B. Sax, Harold N. Sax, Stanley
P. Sax, d/b/a American Buff Company, Chicago, Illinois, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Benjamin B. Salvaty, Jr.,
Trial Examiner. The hearing was held at Chicago, Illinois, on March
14, 1946. The Company and the Union 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 opportunity 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
The Company, a partnership composed of Ben P. Sax, Leonard B.
Sax, Harold N. Sax, and Stanley P. Sax, doing business as American
Buff Company, is engaged in the manufacture and sale of buffers and
' The name of the Union appears herein as amended at the hearing.
67 N. L. R. B., No. 62.
473
474 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
polishing wheels at its plant in Chicago, Illinois. The principal raw
materials used by the Company are cotton sheetings, remnants, and
rags. During the calendar year 1945 the Company purchased approx-
imately $75,000 worth of such raw materials, about 75 percent of
which was shipped to the Company from points outside the State of
Illinois. During the same period the Company's sales amounted to
approximately $150,000, about 75 percent of which represented ship-
ments by it to points outside the State.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
N. THE ORGANIZATION INVOLVED
Warehouse & Distribution Workers Union, Local 208, is a labor
organization affiliated with the International Longshoremen's &
Warehousemen's Union, which, in turn, is affiliated with the Congress
of Industrial Organizations, admitting to membership employees of
the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of employees in the alleged ap-
propriate unit until the Union has been certified by the Board in an
appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees 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.
IV. THE APPROPRIATE UNIT
We find, in accordance with the agreement of the parties, that all
production and maintenance employees of the Company, excluding
office and clerical employees, plant superintendent, and all or any
'The Field Examiner reported that the Union submitted 19 application cards bearing
the names of employees listed on the Company 's pay roll of January 31. 1946 There are
approximately 50 employees in the appropriate unit.
8 The Company , relying on the fact that it is engaged in an industry different from any
of the industries defined by the jurisdictional clause of the constitution of the Union's
parent organization , contends , in effect, that Its employees are ineligible to membership in
the Union and that consequently the Union is incompetent to represent them . We do not
agree. The authority of the bargaining agent in such circumstances must be sought in
the employees ' consent. Inasmuch as the employees have designated the petitioner as
their representative for collective bargaining purposes , we find that it is a competent labor
organization See Matter of Lock Nut Corporatsoin of Amer,ca and /or The Boss Bolt and
Nut Company, 66 N . L. R. B. 754 ; Pueblo Gas and Fuel Company v . N. L. R. B., 118 F. (2d)
304 (C C. A. 10 ) ; Matter of Pass & Seymour, Inc, 51 N. L . R. B 1135.
AMERICAN BUFF COMPANY 475
other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit ap-
propriate for the purposes of collective bargaining within the
meaning of Section 9 (b) o r' 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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Ben P. Sax,
Leonard B. Sax, Harold N. Sax, Stanley P. Sax, d/b/a American
Buff 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, Sections 10 and 11, 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 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 election, to determine whether or not they desire to be represented
by Warehouse & Distribution Workers Union, Local 208, ILWU-CIO,
for the purposes of collective bargaining.