Clawson & Bals, Inc.

National Labor Relations Board - Board Decisions

Mar 27, 1944

55 N.L.R.B. 779 (N.L.R.B. 1944)

In the Matter of CLAWSON & BALS, INC., and UNITED STEELWORKERS
OF AMERICA, CIO
Case No. 13-R-2293.-Decided March 27, 1944
Mr. J. A. Barry, of Chicago, Ill., for the Company.
Mr. Oakley H. Mills, of Chicago, Ill., for the CIO.
Mr. R. L. Siemiller, of Chicago, Ill., for the TAM.
Mr. William Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
CIO, herein called the CIO, alleging that a question affecting com-
inerce had arisen concerning the representation of employees of
Clawson & Bals, Inc., Chicago, Illinois, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before John R. Hill, Trial Examiner. Said
hearing was held at Chicago, Illinois, on February 25, 1944. The
Company, the CIO, and International Association of Machinists,
District No. 8 and Die and Tool Makers Lodge No. 113, herein called
the IAM, 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 Ex-
aminer's rulings made at the hearing are free from prejudicial error
and are hereby affirmed. All parties were afforded an opportunity
to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. TIIE BUSINESS OF THE COMPANY
The Company, an Illinois corporation, is a wholly owned subsidiary
of Bohn Aluminum and Brass Corporation , a Michigan corporation.
55 N. L . R. B., No. 140.
779
780 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company owns and operates a plant in Chicago, Illinois, where
it is engaged in the manufacture and rebabbittmg of connecting rods
and the rebabbitting of motor bearings, and operates 14 service units
in 13 States. This proceeding is concerned only with the Chicago
plant. During 1943 the Company used raw materials values in
excess of $100,000, of which approximately 90 percent came from
outside the State of Illinois, and manufactured finished products
valued in excess of $150,000, of which approximately 50 percent was
shipped to points outside Illinois. The Company admits that it is
engaged in commerce within the meaning of the National Labor
Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations and Industrial Association of Machinists,
District No. 8 and Die and Tool -Makers Loclge No. 113, 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 CIO as the
exclusive bargaining representative of certain of the Company's em-
ployees on the ground that it has a contract with the IAM, District
No. 8, covering the employees in the unit sought by the CIO. The
contract in question provides that it shall be effective from February
3, 1942, to February 3, 1943, "and thereafter unless thirty (30) days
written notice is given by either party desiring a change," and fur-
ther provides that it can be opened at any time upon 30 days' notice,
for wage adjustments. We find that the contract does not consitute
a bar to the present investigation of representatives.'
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the CIO represents a substantial number of em-
ployees in the unit hereinafter found appropriate.2
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) (7) of the Act.
IV. THE APPROPRIATE UNIT
The CIO seeks a unit composed of all production and maintenance
employees of the Company, including a watchman, shipping and
'The IAM, Lodge No 113 , has an om al contract with the Company . However , the em-
ployees covered by the Lodge No 113 contract are specifically excluded from the unit sought
by the CIO
The Field Examiner repotted that the CIO submitted GO authouzation cards and that
there are 61 employees in the alleged appropriate unit.
CLAWSON & BALS, INC. 781
receiving room employees, but excluding plant and office clerical em-
ployees, draftsmen, toolroom employees, superintendents, and fore-
men. The Company does not disagree, but assumes no position. The
IAM agrees as to the inclusions and exclusions.- The unit sought by
the CIO is the same as that recognized by the Company and the IAM
for the past several years.
We find that all production and maintenance employees of the Com-
pany, including the watchman '4 shipping and receiving room em-
ployees, but excluding plant and office clerical employees, draftsmen,
toolroom employees, superintendents, foremen, and any other super-
visory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of 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 Election
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 Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Clawson & Bals,
Inc., Chicago, Illinois, an election by secret ballot shall be conducted
as early as possible, but not later than thirty (30)- clays 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, Sec-
tions 10 and 11, of said Rules and Reg illations, among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed during the pay-roll period immediately preceding the date of
3 Lodge No 113 is interested only in the tool room employees , which the CIO would
exclude from the unit
4 The record is not clear as to the militarized or non -militarized status of the watchman;
he is included only if non -nuhtauzed , otherwise lie is excluded.
782 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
this Direction, including employees who did not work during said
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 em-
ployees who have since quit or been discharged for cause and have not
been rehired or reinstated prior to the date of the election, to deter-
mine whether they desire to be represented by United Steelworkers of
America, CIO, or by International Association of Machinists, District
Lodge No. 8, A. F. of L., for the purposes of collective bargaining, or
by neither.