Duro Decal Co., Inc.

National Labor Relations Board - Board Decisions

Dec 28, 1944

59 N.L.R.B. 1266 (N.L.R.B. 1944)

In the Matter of DuRO DECAL CO.; INCORPORATED and WAREHOUSE
& DISTRIBUTION WORKERS UNION , LOCAL 1208, I. L. W. U., C. I. O.
Case No. 13-R-2707.-Decided December 28, 194..E
Mr. Otto A. Jabwrek, of Chicago, Ill., for the Company.
Miss Florence L. Atkinson,,and Mr. Bernard Lucas, of Chicago, Ill.,
for the Union.
Mr. Herbert C. Kane, of,counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Warehouse & Distribution Workers
Union, Local 208, I. L. W. U., C. I. 0., herein called the Union, alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of Duro Decal Co., Incorporated, Chi-
cago, Illinois, herein-called the Company, the National Labor Rela-
tions Board provided for an appropriAe" hearing upon due notice
before Gustaf B. Erickson, Trial Examiner. Said hearing was held
at Chicago, Illinois, on December 1, 1944. The Company and the
Union 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 Examiner'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
1. THE BUSINESS OF THE COMPANY
Duro Decal Co., Incorporated, is an Illinois corporation having its
plant and place of ;business in Chicago, Illinois, where it is engaged
3 Although served with Notice of Hearing, Book Binders and Paper Cutters No. 8, `
A. F. L., did, not appear.
59 N. L. R. B., No. 229.
1266
DURO DECAL CO., INCORPORATED 1267
in the manufacture of decorative and commercial decalcomanias. In
1943, the Company purchased raw materials amounting to approxi-
mately $75,000 in value, 10 percent of which was purchased outside
the State of Illinois. During the same period, the gross sales of the
Company amounted to approximately $300,000 of which 80 percent
was transported 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.
IT. THE ORGANIZATION INVOLVED
Warehouse & Distribution Workers Union, Local 208, I. L. W. U.
affiliated with the Congress of Industrial Organizations , is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its production and maintenance
employees until the Union has been certified by the Board in an ap-
propriate unit. `
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that'the Union 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) and (7) of the Act.
,IV. TIIE APPROPRIATE UNIT
We find, in substantial accordance with the agreement of the parties,
that all production and maintenance employees, inspectors; order
fillers, packers, stencil cutters and helpers, touch-up men, photo-plate
men, shipping-room employees, paint mixers, full-time porters, sub-
stitute foremen, working foremen, but excluding office and clerical
employees, outside truck drivers and all 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 meaning of Section 9 (b) of the Act.
2 The Field Examiner reported that the Union submitted 35 application cards, and that
the cards were all dated October 1944. The names of 33 persons appearing on the cards
were listed on the Company's pay roll for the period ending October 18, 1944, which con-
tained the names of 59 employees in.the appropriate unit.
1268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Direc-
tion. -
The Company contends that no election should be ordered in this
proceeding since the Company plans to change its set-up in the near
future. A little more than 2 years ago, due to the manpower shortage,
the Company hired women in making replacements. At that time,
the Company was still using machines in -production.- However, due
to the difficulty of replacing worn out parts, the machines were dis-
continued and the Company reverted to hand work. For the past few
months, a machinist has been employed by the Company to attempt
to change over the old machines of the Company and make them serv-
iceable. The Company has also been attempting to buy second hand
machines on the market, no new machines being presently available,'
but at the time of the hearing, it had not been successful. It is the
contention of the Company that women are not as able as men in
the use of machines and therefore when machines are again put into
use, the Company will replace with men all except two or three of
the girls engaged in production. Since at best the indication is that
such plans are purely speculative, we believe that under the circum-
stances now present an election should be directed.
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 Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Duro Decal Co.,
Incorporated, Chicago, 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, Sections 10 and 11, 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;A.including employees who did not work during
DURO DECAL CO., INCORPORATED 1269
the said pay-roll period because they were ill or on vacation or tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the,polls, but ex-
cluding 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 or not they desire to be represented by
Warehouse & Distribution Workers Union, Local 1208, I. L. W. U.,
C. 1. 0., for the purposes of collective bargaining. '