American Radiator & Standard Sanitary Corp.

National Labor Relations Board - Board DecisionsFeb 16, 1940

20 N.L.R.B. 455 (N.L.R.B. 1940)

In the Matter of AMERICAN RADIATOR & STANDARD SANITARY CORPO- RATION' and LOCAL No. 1770, AMALGAMATED ASSOCIATION OF IRON, STEEL & TIN WORKERS OF NORTH AMERICA, C. I. O. Case No. R-1997 SECOND AMENDMENT TO AND SUPPLEMENTAL DIRECTION OF ELECTION February 16, 1949 On March 14,. 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in this proceeding,' and on March 21, 1939, the Board issued an Amendment thereto '.9 directing that an election by secret ballot be conducted at such time- as the Board might thereafter direct, under the direction and supervision of the.Regional Director for the Fourteenth Region (St. Louis, Missouri), acting in this matter as agent for the Board and subject to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 1, as amended, among the pro- duction and maintenance employees of the American Radiator Com- pany at its plant at Litchfield, Illinois, whose names appeared upon the pay roll of the said Company for. the week ending October 1, 1938, revised to include the name of Charles. Cayce,. including" ship- ping-room employees, janitors, and charwomen, but excluding super- visory, office, and salaried employees, and watchmen who also have the status of deputy sheriffs, and excluding also those employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Local No. 1770, Amalgamated Asso- ciation of Iron, Steel & ,Tin Workers of North America, affiliated with the Committee for :Industrial -Organization,' -or byÂ°"Litchfield 1 The Board was advised on January 17, 1940, that American Radiator Company had been dissolved on January 31, 1939 , and was succeeded by American Radiator & Standard Sanitary Corporation . On February 1, 1940, the Board served notice on all parties that, unless sufficient cause to the contrary shall have appeared by February 7, 1940, the name American Radiator & Standard Sanitary Corporation would he substituted for the name American Radiator Company in this proceeding . Cause to the contrary not having ap- peared . the name American Radiator & Standard Sanitary Corporation is henceforth substi- tuted for the name American Radiator Company in this proceeding. 211 N. L. R. B. 1127. 811 N. L. R. B. 1137. 4 Now the Congress of Industrial Or an izations. 20 N..L . R. B., No. 4.5. 455 456 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Radiator Workers' Association, for the purposes of collective bar- gaining, or by neither. On April 12, 1939, Litchfield Radiator Workers' Association filed a motion , in substance requesting that the Board either ( 1) certify the Association as the representative of the said employees and hold valid its contract with the American Radiator Company, or (2) conduct the election immediately. The Board reserved ruling on the motion, which is hereby denied save to the extent, granted by our Direction, hereinafter set forth. The Regional Director advised the Board on December 18, 1939, that the election might appropriately be held at that time. Accordingly, on January 6, 1940, the Board issued a Notice, copies of which were duly served upon American Radiator Company, upon Local No. 1770, Amalgamated Association of Iron, Steel & Tin Workers of North America, and upon Litchfield Radiator Workers' Association, setting forth that, unless sufficient cause to the contrary shall have appeared on or before January 17, 1940, the Board would issue a Second Amend- ment to Direction of Election , directing that the election be conducted within thirty (30) days among employees on the pay roll for the week next preceding the date of the said Second Amendment. No cause to the contrary having appeared in accordance with the terms of the said Notice , and 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, 49 Stat . 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regula- tions-Series 2, as amended , it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with the American Radiator & Standard Sanitary Corporation with respect to its plant at Litchfield , Illinois , the election by secret ballot directed to be conducted by the Board's Decision and Direction of Election of March 14 , 1939, as amended on March 21 , 1939, be con= ducted as early as possible but not later than thirty (30) days from the date of this Second Amendment to and Supplemental Direction of Election , under the direction and supervision of the Regional Di- rector for the Fourteenth 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 the production and main= tenance employees of the American Radiator & Standard Sanitary Corporation , at its plant at Litchfield , Illinois , whose names appear on its pay roll for the week next preceding the date of this Second Amendment to and Supplemental Direction of Election , including shipping,room employees , janitors, charwomen , employees who did not work during such pay-roll period because they were ill, on leave, AMERICAN RADIATOR & STANDARD SANITARY CORPORATION 457 or on vacation, and employees who were then or hate since been temporarily laid off, but excluding supervisory, office, and salaried employees, watchmen who also have the status of deputy sheriffs, and those employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Local No. 1770, Amalgamated Association of Iron, Steel & Tin Workers of North America, affiliated with the Congress of Industrial Organizations, or by Litchfield Radiator Workers' Association, for the purposes of collective bargaining, or by neither. MR. WILLIAM M. LEISERSON took no part in the consideration of the above Second Amendment to and Supplemental Direction of Election. 0