Elkay Manufacturing Co.

National Labor Relations Board - Board Decisions

Apr 17, 1946

67 N.L.R.B. 446 (N.L.R.B. 1946)

In the Matter of ELKAY MANUFACTURING Co. and UNITED ELECTRICAL,
RADIO & MACHINE WORKERS OF AMERICA, C. I. O.
Case No. 13-8-3406.Decided April 17, 191,6
Mr. Lawrence L. O'Connor, of Chicago, Ill., for the Company.
Mr. Sam K2csluner, of Chicago, Ill., for the C. I. O.
Mr. Albert G. For, of Chicago, Ill., for the A. F. L.
Mr. Warren H. Leland, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition duly filed by United Electrical, Radio & Machine
Workers of America, C. I. 0., herein called the C. I. 0., alleging that
a question affecting commerce had arisen concerning the represntation
of employees of Elkay Manufacturing Co., Cicero, Illinois, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Benjamin B.
Salvaty, Jr., Trial Examiner. The hearing was held at Chicago, Illi-
nois, on January 24, 1946. The Company, the C. I. 0., and the Sheet
Metal Workers International Association, Local 115, A. F. L., herein
called the A. F. of L., 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 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
Elkay Manufacturing Co., an Illinois corporation with its plant and
office located in Cicero, Illinois, is engaged in the manufacture and
sale of plumbing fixtures, sinks, and hospital equipment. The prin-
cipal raw material used by the Company is steel. During the year
67 N. L. R. B., No. 58.
446
ELKAY MANUFACTURING CO. 447
1945 the Company purchased raw materials valued at approximately
$250,000, of which 60 percent was received from points outside the
State of Illinois. During the same period the Company manufactured
products valued in excess of $750,000, of which approximately 90 per-
cent 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 ORGANIZATIONS INVOLVED
United Electrical, Radio & Machine Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
Sheet Metal Workers International Association, Local 115, is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the C. I. O. as
the exclusive bargaining representative of certain of its employees
until the C. I. O. has been certified by the Board in an appropriate
unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the C. I. O. represents a substantial number of
employees in the unit it alleges 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 DETERMINATION OF REPRESENTATIVES
The C. I. O. seeks a unit of all production and maintenance em-
ployees. The Company and the A. F. of L. contend, however, that
the sheet metal workers in the tin shop, and the employees of the
press-brake and shearing departments, together constitute a separate
and distinct appropriate unit. The C. I. O. alternatively urges that
if two units are found appropriate the unit sought by the A. F. of L.
should also include welders, polishers, and grinders.
In the shearing department, the materials are cut by shearers into
basic sizes preparatory to "forming" operations. The sheet metal
workers or tinners in the tin shop perform lay-out work, and also are
engaged in various subsequent operational steps. And the employees
' The Field Examiner reported that the C . I. O. submitted 36 application cards, 31
of which bore the names of employees listed on the Company's pay roll of December 17,
1945, and that the A. F. of L. submitted 144 application cards , 7 of which bore the names
of employees listed on the same pay roll. There are approximately 66 employees in the
plant-wide unit sought by the C. I. 0., and 17 employees in the unit of sheet metal
workers sought by A. F of L.
448 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the press-brake department "form" the materials into the required
shapes. It is these three groups of employees that the A. F. of L.
seeks to represent.
Welding operations are done by the welders, and the grinders grind
down the welding to make a smooth surface. Polishers then polish
the products. The carpenter makes wood bases for sinks and other
products manufactured, and the finished products are then sent to the
shipping department for shipment. Employees of the shipping de-
partment (also known as shipping, receiving, and stores department)
unload the raw materials as they come into the plant, store them in
the stockroom, and issue them as the fabrication of the Company's
products demands. The duties of the maintenance department em-
ployees are to maintain all the equipment in the plant, including
the operating and production machinery.
There can be little question of the integration of the Company's
operations and the inter-relation of the functions of all production
and maintenance employees. On the other hand the workers of the
tin shop, and shearing and press-brake departments, perform closely
related work of a skilled nature. Moreover, the history of collective
bargaining in the Company's plant indicates that for many years these
employees have been regarded and bargained for as a separate appro-
priate unit.
From 1928 until December 1945, the Chicago Metal Manufacturers
Association, on behalf of its members, including the Company, ex-
ecuted periodic contracts with the A. F. of L. covering the tinners
employed by its members. When the defense program commenced
in 1940, the Company received Government orders for scullery and
galley sinks and they were required to produce them in great volume.
Because of the shortage of journeymen tinners and the necessity for
volume production, the Company instituted a program whereby in-
dividuals were trained to perform one of the operations instead of all
of the operations formerly performed by journeymen tinners. Con-
sequently, in addition to the tin shop, the Company created the shear-
ing and press-brake departments. Employees of these departments
were considered as covered by the existing agreement between the
Association and the A. F. of L. which embraced tinners. In October
1940, the Company individually executed a contract with the A. F. of
L. covering the employees in the welding department. In January
1941, the Company and the A. F. of L. consummated another and
separate agreement covering the grinders and polishers. On Novem-
ber 23,1943, the Association, on behalf of its members, and the A. F. of
L., executed their latest and presently existing contract covering
tinners, including the Company's employees in the press-brake and
shearing departments. Consequently, through their joint efforts, the
ELKAY MANUFACTURING CO. 449
Association and the A. F. of L. obtained approval for an increase in
wages, from the Wage Adjustment Board, for employees covered by
this contract. Both the Company and the A. F. of L. specifically
agreed that neither the November 1943 contract nor the Wage Adjust-
ment Board's approval would be construed to apply to the welders,
polishers, and grinders. They then both sought and obtained ap-
provaa for a wage increase for these employees. On December 28,
1945, the Company withdrew from membership in the Association,
effective as of December 1, 1945.
In view of this long history of collective bargaining on the basis
of a separate grouping of the employees in the Company's tin shop
and shearing and press-brake departments, and in the light of the
related and skilled work of these employees, it would appear that
collective bargaining for such workers in a segregated unit, excluding
welders, polishers, and grinders, and all other employees, is quite
feasible. We have held in the past that "dilution" of a craft caused
by the national emergency should not militate against affording craft
employees a choice for separate representation, if they so desire.2
But it also appears that because the Company conducts its operations
as an integrated enterprise, a unit of production and maintenance em-
ployees is also feasible for collective bargaining purposes. Accord-
ingly, we shall not make a present finding as to the appropriate unit
or units, but shall determine the desires of the employees themselves
by directing separate elections among the employees sought by the
A. F. of L., and among the remaining production and maintenance
employees in the plant. Upon the results of the elections will depend,
in part, our determination of the appropriate unit or units.
There remains for consideration the disposition to be made of cer-
tain fringe employees in both voting groups, These categories are
described seriatim.
Inspector and Expediter: This employee is paid on an hourly basis
and is under the supervision of the works manager. He spends most
of his time in the plant inspecting the products in various stages of
fabrication, and expedites orders throughout the plant. He uses a
rule in making his inspections. He possesses no supervisory author-
ity. The record discloses that he may be called upon to perform pro-
duction work and his ability would perinit him to do so. Although the
C. I. O. and the Company would exclude him on the ground that he
is a clerical employee, it is apparent that the inspector and expediter
has interests intimately related to those of production and maintenance
employees. Accordingly, we shall include him in the voting group of
residual production and maintenance employees.
Elmer Burdeaux: There is no descriptive title for this employee's
job. He is paid on an hourly basis and is under the supervision of the
2 See Matter of Aluminum Company of America, 55 N. L. R. B 407.
692148--46-vol. 67-30
450 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
works manager. He assists in setting up orders for "issuance," and in
receiving and storing materials, principally steel or stainless steel.
He also makes racks for storing of materials. He is a journeyman
welder, and can perform various productive jobs. He possesses no
supervisory authority. Although the C. I. O. and the Company would
exclude him, apparently on the ground that he is primarily a clerical
employee, it appears that Burdeaux has interests intimately related
to those of production and maintenance employees. Accordingly, we
shall include him in the voting group of residual production and main-
tenance workers.
Janitors: The Company employs two hourly paid janitors mho are
under the supervision of the works manager. They clean the factory
and do odd jobs or maintenance work. The C. I. O. would include the
janitors, and the Company would exclude them. It is apparent that
these employees have interests intimately related to those of produc-
tion and maintenance employees and we shall include them In the vot-
ing group of residual production and maintenance workers 3
Watchmen: The Company contemplates the employment of four
hourly paid watchmen who are to be neither uniformed nor armed.
The C. I. O. would include them, and the Company would exclude
them. Pursuant to our well-established policy, we shall include them
in the voting group of residual production and maintenance employees.
Supervisors: There are five supervisors, Paul Wolf, John Roman,
Joe Nichol, William Fritz, and Paul Biesman, all of whom the A. F. of
L. seeks to include in its voting group, contrary to the wishes of the
C. I. O. The Company takes no position with respect to these individ-
uals. Wolf, Roman, Fritz, and Biesman possess authority to hire
and discharge employees. Consequently, we shall exclude them 4
It is equally clear, however, that Nichol does not possess any super-
visory authority. He will therefore be included in the voting group
of the employees sought by the A. F. of L.
We shall direct that the question concerning representation which
has arisen be resolved by separate elections by secret ballot among the
Company's employees in each of the groups described below 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 :
1. All sheet metal workers in the tin shop, including apprentices,
and all employees in the press-brake and shearing departments,', but
6 The part-time janitress , Mabel Bowen , is excluded in accordance with the desires of
the parties , as is a pensioner , one Frank Raczka
* Fritz and Biesman are not employed in the tin shop or the shearing and press-brake
departments Thus , they could , in no event , be included in the A F. of L 's voting group.
Since they are supervisory employees they are also excluded from the voting group of
residual production and maintenance workers.
6 Also including Joe Nichol.
ELKAY MANUFACTURING CO. 451
excluding all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action; 6
2. All remaining production and maintenance employees, including
welders, polishers, grinders, carpenters, janitors, watchmen, inspector
and expediter, and employees in the shipping, receiving, and stores
department,' but excluding office and clerical employees, works man-
ager, assistant works manager, 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.,,
DIRECTION OF ELECTIONS
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, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Elkay Manufac-
turing Co., Cicero, Illinois, elections 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 said Rules and Regulations, among employees in
the voting groups described in Section IV, above, who were employed
during the pay-roll period immediately preceding the date of this
Direction, including employees who did not work during said pay-
roll 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
employees who have since quit or been discharged for cause and have
not been rehired or reinstated prior to the date of the elections, (1) to
determine whether employees in Group 1, described in Section IV,
above, desire to be represented by United Electrical, Radio & Machine
Workers of America, C. 1. 0., or by Sheet Metal Workers International
Association, Local 115, A. F. of L., for the purposes of collective
bargaining, or by neither ; and (2) to determine whether or not employ-
ees in Group 2, described in Section IV, above, desire to be represented
by United Electrical, Radio & Machine Workers of America, C. I. 0.,
for the purposes of collective bargaining.
6 Also excluding Paul Wolf , John Bowman , William Fritz, and Paul Biesman.
,,Also Including Elmer Burdeaux
8 Also excluding the part-time janitress , Mabel Bowen , the pensioner , Frank Raczka,
William Fritz , and Paul Biesman.