Chicago Screw Co.

National Labor Relations Board - Board Decisions

Oct 20, 1942

44 N.L.R.B. 1365 (N.L.R.B. 1942)

In the Matter of CHICAGO SCREW COMPANY and LOCAL 59, UNITED
AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA, CIO
Case No. R-4324.-Decided October 20, 194,
Jurisdiction : screw machine products manufacturing industry.
Jnvestigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition ; election necessary.
Unit Appropriate for Collective Bargaining : all employees, including coopera-
tive students, with specified exclusions
Mr. Otto A. Jaburek, of Chicago, Ill., for the company.
Meyers d Meyers, by Mr. Den Meyers, of Chicago, Ill., for the Union.
'Miss Marcia IJcrtzmark, of counsel to the Board.
DECISION,
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 59, United Automobile, Aircraft &
Agricultural Implement Workers of America, C. I. 0., herein called
the Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Chicago Screw Company,
Chicago, Illinois, herein called the Company, the National Labor Re-
lations Board provided for an 'appropriate hearing upon due notice
before Lester Asher, Trial Examiner. Said hearing was held at Chi-
-cago, Illinois, on September 30, 1942. The Company and the Union
appeared, participated, and 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.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Chicago Screw Company, an-Illinois corporation with its principal
place of business at Chicago, is engaged in the manufacture and dis-
44 N. L R B., No. 253.
1365
1366 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tribution of screw machine products. During the year 1941 the Com-
pany purchased raw materials, principally ferrous and non-ferrous
metals, valued at approximately $2,200,000. About 25 percent of these
materials was shipped to the Company from outside the State of -Illi-
nois. During the same period the Company's sales of finished products
amounted to approximately $20,000,000. About 75 percent of such
finished products was shipped to points outside the State of Illinois.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local 59, United Automobile, Aircraft & Agricultural Implement
Workers of America is a labor organization affiliated with the Con-
gress of Industrial Organizations, admitting to membership employees
of the Company.
11 1, THE QUESTION CONCERNING REPRESENTATION
In a letter to the Company on August 27, 1942, the Union requested
that it be recognized as the exclusive bargaining representative of cer-
tain employees of the Company. The Company replied on September
5, 1942, that it doubted that the Union represented a majority of the
employees, and refused to recognize the Union.
A statement of the Regional Director, introduced in evidence at
the hearing, shows that the Union represents a substantial number of
employees in the unit alleged to be 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
The parties agreed that the following unit is appropriate for col-
lective bargaining : all employees of the Company,2 excluding execu-
tives, foremen and assistant, foremen, office and clerical employees,
watchmen, nurses, salesmen, building trades mechanics, chauffeurs
and truck drivers, and also excluding persons employed in the fol-
lowing departments : timekeeping, budget and costs, tabulating, pay-
roll, employment, personnel and first aid, estimating and special engi-
neering, and also excluding those employees in the production weigh-
'The Regional Director reported that the Union submitted 1,239 designations, all bearing
apparently genuine, original signatures . On the basis of a spot check of 150 cards, 999 of
the 1 ,239 designations would appear on the Company's pay roll of September 12, 1942,
which lists 3,110 persons in the alleged appropriate unit.
2 The Company operates two plants , across the street from each other The parties,
agreed that the employees of both plants are-included within the agreed unit.
CHICAGO SCREW COMPANY' 1367
ing and scaling department whose duties are connected with the
counting of 'work for the purpose of computing employees' pay.3
The Company and the Union disagree, `however, as to whether
"cooperative students" should be included in the unit, the Company
desiring their inclusion and the Union- their exclusion. 'There are 15
persons participating in a program whereby they alternately spend
16 weeks working in the Company's plant and the same length of
time attending the Armour Institute of Technology. These employees
were hired as regular employees and, because of their interest, educa-
tion, and good standing with the Company, have been permitted to
take advantage of the opportunity to attend school. At the time
of the hearing 10 such persons were actually working in the plant
and 5 were attending classes. At the end of the 16-week period,
the figures will be reversed. These persons work as regular em-
ployees, receive remuneration upon the same basis as others, and
retain their seniority while they are in school. Their work in the
plant is in no way supervised or planned by Armour Institute. Pre-
viously they had been shifted in the plant to various„ operations in
order to gain a wide range of experience, but at the present time
they are more frequently utilized wherever needed. It appears that
these persons are regular employees of the Company, that they re-
ceive no special privileges, and that, contrary to the contention of the
Union, the purpose of their participation in the work of the plant
is not merely to aid their education. We shall include them in the
unit.
We find that all employees of the Company, including the coopera-
tive students, but excluding executives , foremen and assistant foremen,
office and clerical employees , watchmen, nurses, salesmen , building
trades mechanics, chauffeurs and truck drivers, and also excluding
persons employed in the following departments : timekeeping , budget
and costs, tabulating, pay-roll, employment personnel and first aid,
estimating and special engineering , and also,excluding those employees-
in the production weighing and scaling department whose duties are
connected with the counting of work for the purpose of computing
employees' pay, constitute a unit appropriate for the purposes of collec-
tive bargaining, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot. The-parties agreed
s The production weighing and scaling department is divided into 3 classifications, The
parties agreed that 4 washers , scalers and routers and 16 rescalers employed in 'this depart-
ment should be included in the unit , and that 10 employees , who have charge of first opera-
tion box cards and forward to the pay-roll department information as to the number of
pieces , produced , should be excluded I
1368 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that a current pay roll should be used to determine those eligible to
vote. We shall-,direct that the employees of the Company eligible to
vote in the election shall be those 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 addi-
tions 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 8, of the National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
hives for the purposes of collective bargaining with Chicago Screw
Company, Chicago, Illinois, an election by secret ballot shall be con-
ducted a^ 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, Section 9, 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 any such employees who did not work during said
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 any who have since quit or been discharged for cause,
to .determine whether or not they desire to be represented by. Local 59,
United Automobile, Aircraft & Agricultural Implement Workers of
America, C. I. O., for the purposes of collective bargaining.