American Can Co.

National Labor Relations Board - Board Decisions

Feb 9, 1942

38 N.L.R.B. 998 (N.L.R.B. 1942)

In the Matter of AMERICAN CAN CO., PROVISO FACTORY BRANCH and
PROVISO WORKERS ORGANIZATION
Case No. R-3381.Decided February 9, 194
Jurisdiction : paint pails and can fittings manufacturing industry.
Investigation and Certification oft-Representatives : existence of question: re-
fusal to accord union recognition until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees employed b^ the Company at its Proviso Factory Branch, excluding
foremen and assistant foremen, inspectors, clerical and office workers, watch-
men, lithographers, lithograph feeders, lithograph apprentices, artists, time-
keepers, and all salaried employees ; agreement as to.
Mr. Morgan J. Callahan, Jr., of New York City, for the Company.
Messrs. Ivor L. Smith and John L. Smith, of Chicago, Ill., for the
P. W. 0.
Messrs. John J. Brownlee and Harry Harper, of Chicago, Ill., for
the S. W. O. C.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 4, 1941, Proviso Workers Organization, herein called
the P. W. 0., filed with the Regional Director for the Thirteenth
Region (Chicago, Illinois) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
American Can Co., Proviso Factory Branch, Maywood, 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 November 25,
1941, 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
38 N. L. R. B. No. 185.
998
AMERICAN- CAN CO. 999
Director to conduct it and to provide for an appropriate hearing, upon
due notice.
On November 27,1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the P. W. 0.,
and Steel Workers Organizing Committee, affiliated with the Con-
gress of Industrial Organizations, herein called the S. W. O. C., a
labor organization claiming to represent employees directly affected
by the investigation. Pursuant to notice, a hearing was held on De-
cember 9 and 10, 1941, at Chicago, Illinois, before Stanley D. Metzger,
the Trial Examiner duly designated by the Chief Trial Examiner.
The Board, the Company, and the W. P. O. were represented by coun-
sel, the S. W. O. C. by counsel and by its representative; all partici-
pated 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 course of the hearing,
counsel for the S. W. O. C. moved to dismiss the petition, or in the
alternative to postpone any election directed, because of a proceeding
then pending before the National Defense Mediation Board., The
Trial Examiner reserved ruling thereon. Since the proceeding which
had been pending before the National Defense Mediation Board- is
not germane to the present proceeding, the motion is hereby denied.
During the course of the hearing, the Trial Examiner made several
rulings on 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
American Can Co. is a New Jersey corporation operating a plant at
Maywood, Illinois, known as the Proviso Factory Branch, where it is
engaged in the manufacture of paint pails, and fittings and trimmings
for miscellaneous cans. During the year 1940, the Proviso Factory
Branch purchased raw materials, principally tin plate and black iron,
valued at approximately $667,000, approximately 61 percent of which
were shipped to it from points outside the State of Illinois. During
the same period, the Proviso Factory Branch manufactured products
valued at approximately $1,052,000, approximately 79 percent of which
1 The Company has 72 plants At two of them, neither of which is involved in the present
proceeding, the S . W. O. C. declared a strike to obtain a closed shop The S. W. O. C.
threatened to spread the strike to the other 70 plants , but suspended the strike (actual
and threatened ) when the closed-shop issue as to the two plants, not here involved, was
submitted to the National Defense Mediation Board, now the National War Labor Board.
1000 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
were shipped by it to points outside the State of Illinois. The Com-
pany admits that it is engaged in commerce within the meaning of
the Act.
II. THE ORGANIZATIONS INVOLVED
Proviso Workers Organization is an unaffiliated labor organization
admitting to membership employees of the Company.
Steel Workers Organizing Committee is a labor organization affili-
ated with the Congress of Industrial Organizations. It admits to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about October 20, 1941, the P. W. O. requested the Company
to recognize it as the exclusive bargaining agent for the employees at
its Proviso Factory Branch. The Company denied the request pend-
ing certification by the Board.
A statement by the Regional Director introduced in evidence at the
hearing, shows that the P. W. O. represents a substantial number of
employees in the unit alleged by it to be appropriate .2
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 commerce and the free
flow of commerce.
V. THE APPROPRIATE UNIT
The parties agree and we find that all production and maintenance
employees employed by the Company at its Proviso Factory Branch,
excluding foremen and assistant foremen, inspectors, clerical and office
workers, watchmen, lithographers, lithograph feeders, lithograph ap-
prentices, artists, timekeepers, and all salaried employees, constitute a
2 The Regional Dilector reported that the P W. 0 presented 263 applications for mem-
bership , all undated ; 244 of the 263 bear the apparently genuine signatures of persons who
are on the Company ' s pay roll of October 25, 1941 ; 13 of the applications for membership
contain printed signatures , and 6 are of persons not on the Company's pay roll. The
Regional Director further reported that the S . W. 0 C. presented 78 designations, 5 dated
between January and November 1938, 9 dated between January and May 1939 , 29 dated
in September 1941, and 22 undated ; of the 78 designations , 65 bear the apparently genuine
signatures of persons who appear on the Company's pay roll of October 25 , 1941 ; 3 of the
designations contain printed signatures , and 10 are of persons not on the Company's pay
roll. There are approximately 340 employees in the alleged unit.
AME(RTOAN CAN CO. 1001
unit appropriate for the purposes of collective bargaining. We further
find that such unit will insure to employees of the 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 representation which has arisen
can best be resolved by an election by secret ballot among the employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein,
subject to the limitations and additions set forth in the Direction.
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 American Can Co., Proviso Factory Branch,
Maywood, Illinois, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. All production and maintenance employees employed by the Com-
pany at its Proviso Factory Branch, excluding foremen and assistant
foremen, inspectors, clerical and office workers, watchmen, lithog-
raphers, lithograph feeders, lithograph apprentices, artists, timekeep-
ers, and all salaried employees, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section 9 (b)
of the 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 Relations 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 authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with American Can Co., Proviso Factory Branch, Maywood, 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 Thir-
teenth 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 production and maintenance employees
employed by the Company at its Proviso Factory Branch .who were
employed during the pay-roll period immediately preceding the date
1002 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of this Direction, including employees who did not work during. 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 foremen and assistant foremen, inspectors, clerical
and office workers, watchmen, lithographers, lithograph feeders, litho-
graph apprentices, artists, timekeepers, and all salaried employees, and
employees who have since quit or been discharged for cause, to deter-
mine whether they desire to be represented by Proviso Workers
Organization, or Steel Workers Organizing Committee, affiliated with
the Congress of Industrial Organizations, for the purposes of collective
bargaining, or by neither.