Dur-O-Lite Pencil Co.

National Labor Relations Board - Board DecisionsAug 8, 1946

69 N.L.R.B. 1302 (N.L.R.B. 1946)

In the Matter of DuR-O -LITE PENCIL COMPANY, EMPLOYER and UNITED RUBBER, CORK , LINOLEUM AND PLASTIC WORKERS OP AMERICA, C. I. 0., PETITIONER Case No. 18-R-3598.-Decided August 8, 19.46 Mr. Edgar H. Schroeder, of Chicago, Ill., for the Employer. Mr. Mason L. James, of Chicago, Ill., for the Petitioner. Messrs. S. G. Lippman and G. A. Jones, of Chicago, Ill., for the A. F. L. Mr. A. Sumner Lawrence, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Chicago, Illinois, on June 7, 1946, before Kate Wallach, Trial Examiner. 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 National Labor Relations Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER Dur-O-Lite Pencil Company, a Delaware corporation, has its general offices and plant at Melrose Park, Illinois, where it is engaged in the manufacture and sale of automatic pencils. During the calendar year 1945, the Employer purchased for the operation of its plant raw materials valued in excess of $50,000, of which approximately 75 per- cent was obtained from points outside the State of Illinois. During the same period, the Employer manufactured finished products valued in excess of $350,000, of which approximately 75 percent was shipped to points outside the State of Illinois. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. 69 N. L. R. B., No. 161. 1302 DUR-O-LITE PENCIL COMPANY If. THE ORGANIZATIONS INVOLVED 1303 The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations claiming to represent employees of the Employer. Rubber & Plastic Workers Union, Local 82, A. F. L., herein called the A. F. L., is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer has refused to recognize the Petitioner as the exclu- sive bargaining representative of employees of the Employer. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, substantially in accord with the agreement of the parties, that all production employees,' excluding office and clerical employees, and all or any other supervisory employees with authority to hire, promote, discharge, discipline, 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 mean- ing of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Dur-O-Lite Pencil Company, Melrose Park, 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, Sec- tions 10 and 11, of National Labor Relations Board Rules and Regula- tions-Series 3, as amended, 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, includ- ing employees who did not work during said pay-roll period because 1 The parties stipulated at the hearing that shipping and receiving employees are produc- tion employees ; that there are presently no full -time maintenance employees and that those employees performing part -time maintenance work are otherwise engaged in production. The above unit is substantially the same as that covered by a prior contract between the A. F. L. and the Employer. 1304 DECISIONS OF NATIONAL LABOR RELATIONS BOARD they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present them- selves-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 they desire to be represented by United Rubber, Cork, Linoleum and Plastic Workers of America, C. X. 0., or by Rubber & Plastic Workers Union, Local 82, A. F. L., for the purposes of collective bargaining, or by neither. MR. JOHN M. HOUSTON took no part in the consideration of the above Decision and Direction of Election.