Florence Stove Co., Inc.

National Labor Relations Board - Board Decisions

Apr 9, 1946

67 N.L.R.B. 146 (N.L.R.B. 1946)

In the Matter of FLORENCE STOVE COMPANY, INC. and INTERNATIONAL
BROTHERHOOD OF FIREMEN & OILERS, POWER HOUSE EMPLOYEES,
OPERATORS AND MAINTENANCE MEN
Case No.13-R--3 63.-Decided April 9,1946
Mr. William H. Greene, of Kankakee, Ill., for the Company.
Mr. Michael J. Costello, of Chicago, Ill., for the Union.
Mr. Herbert J. Nester, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a first amended petition duly filed by International Brother-
hood of Firemen & Oilers, Power House Employees, Operators and
Maintenance Men, herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Florence Stove Company, Inc., Kankakee, Illinois, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Robert T. Drake, Trial
Examiner. The hearing was held at Chicago, Illinois, on January
14, 1946. 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 af-
forded 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
Florence Stove Company, Inc., is a Massachusetts corporation main-
taining two plants, one located at Gardner, Massachusetts, and one
located at Kankakee, Illinois. The Kankakee, Illinois, plant is alone
concerned in this proceeding. The Company manufactures and dis-
67 N. L R B, No 20.
146
FLORENCE STOVE COMPANY, INC. 147
tributes domestic stoves and heaters. During the year 1945, while also
partially engaged in war production, the Company purchased raw ma-
terials consisting of sheet steel, castings, etc., valued in excess of
$100,000, over 50 percent of which was shipped to the Company's plant
from points outside the State of Illinois. During a like period the
Company manufactured finished products valued in excess of $200,000,
over 50 percent of which was sold and distributed 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
International Brotherhood of Firemen & Oilers, Power House
Employees, Operators and Maintenance Men, is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership 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 certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found 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 Union, which presently represents the production and main-
tenance employees at the Company's Kankakee plant, seeks certifica-
tion as representative of a unit composed of all guards-watchmen at
the plant, including shift sergeants, but excluding the guard chief.
The record discloses that there are seven guard-watchmen now em-
ployed at the Company's plant, including the guard-chief, two shift
sergeants, and four guard-watchmen. They are under the direct
supervision of a general foreman classified as the Safety Director
who, in turn, is supervised by the General Superintendent. Their
duties are chiefly custodial in nature and include protection of com-
pany property against theft, fire, and disorder, checking employees
i The Field Examiner reported that the Union submitted cards bearing the names of six
employees listed on the Company 's pay roll of January 11, 1946. There are approximately
six employees in the appropriate unit.
148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in and out of the gates, and patrolling the premises. They are uni-
formed, armed , and deputized, with authority to make arrests.
The Company, although raising no objection to the specific composi-
tion of the unit, urges dismissal of the petition, contending that
representation of the guards-watchmen by the Union would give rise
to a conflict of interests and divided loyalties and would prevent the
proper performance of the duties imposed upon the guards-watchmen
in the event of labor disputes, thereby depriving the Company of
proper protection to its property. We have had occasion to consider
like contentions in many recent cases involving employees with similar
duties and have found them to be without merit.2 The Company
further contends that the Union is estopped from seeking to represent
the guards-watchmen because these employees were specifically
excluded from the unit of production and maintenance employees
covered by the Union's current contract. However, mere exclusion of
such employees without other reference thereto in the contract does
not raise an inference that the Union thereby committed itself not to
seek to admit or represent these employees in an appropriate unit
apart from the production and maintenance employees.'
We find that all guards-watchmen employed by the Company at
its Kankakee plant, including the shift sergeants,4 but excluding the
guard chief 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, consti-
tute 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 employees
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
2 See Allegheny -Ludlum Steel Corporation , 64 N L R B 1055, and 64 N L R. B 1284,
and cases cited therein.
It See Matter of Conaoledatxon Coal Company, 63 N. L. R. B 169.
See Matter of Craig Shipbuilding Corporation , 65 N L R. B 97.
See Matter of Cudahy Packing Company , 65 N. L. R. B. 203.
See Matter of Jones 4 Laughlin Steel Corporation , Vesta-Shannopin Coal Dtvtsion, 66
N. L R. B. 386.
Cf. Matter of Briggs Indiana Corporation , 63 N. L. R. B. 1270.
' The record reveals that these employees have no supervisory status within the Board's
customary definition thereof.
FLORENCE STOVE COMPANY, INC . 149
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 representa-
tives for the purposes of collective bargaining with Florence Stove
Company, Inc., Kankakee, 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
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 employees who did not work during
said pay-roll period because they were ill or on vacation or tempo-
rarily 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
election, to determine whether or not they desire to be represented by
International Brotherhood of Firemen & Oilers, Power House Em-
ployees, Operators and Maintenance Men, affiliated with the American
Federation of Labor, for the purposes of collective bargaining.