Kroehler Manufacturing Co.

National Labor Relations Board - Board DecisionsApr 29, 1946

67 N.L.R.B. 942 (N.L.R.B. 1946)

In the Matter of KROEHLER MANUFACTURING COMPANY and INTER- NATIONAL BROTHERHOOD OF FIREMEN & OILERS, POWERHOUSE EMPLOYEES, OPERATORS AND MAINTENANCE MEN, A. F. L. Case No. 13-R-359.-Decided April X9,194.6 Lederer, Livingston, Kahn c6 Adsit, by Mr. Harry H. Kahn, of Chi- cago, Ill., for the Company. Mr. M. J. Costello, of Chicago, Ill., for the Firemen. Mr. Leonard Shaw, of Chicago, Ill., for the Upholsterers. Mr. Phil E. Thompson, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon a petition duly filed by International Brotherhood of Fire- men & Oilers, Powerhouse Employees, Operators and Maintenance Men, A. F. L., herein called the Firemen, alleging that a question af- fecting commerce had arisen concerning the representation of em- ployees of Kroehler Manufacturing Company, Bradley, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before William O. Mur- dock, Trial Examiner. The hearing was held at Chicago, Illinois, on February 28, 1946. The Trial Examiner granted a motion to intervene filed on behalf of Upholsterers International Union of North America, A. F. L., herein called the Upholsterers. The Com- pany, the Firemen, and the Upholsterers 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 Kroehler Manufacturing Company is an Illinois corporation, en- gaged in the manufacture of furniture. It operates seven plants in 67 N. L. R. B., No. 114. 942 KROEHLER MANUFACTURING COMPANY 943 the United States and Canada, including the Bradley, Illinois, plant, the only one involved herein. Raw materials and finished products incident to the Company's operations exceeding $1,000,000 in value annually, are transported in interstate commerce. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Bortherhood of Firemen & Oilers, Powerhouse Em- ployees, Operators and Maintenance Men, is a labor organization, affiliated with the American Federation of Labor, admitting to mem- bership employees of the Company. Upholsterer's International Union of North America is a labor organization, affiliated with the American Federation of Labor, ad- mitting to membership employees of the Company. III. THE ALLEGED APPROPRIATE UNIT The Firemen seeks a unit composed of all watchmen at the Bradley plant. The Company and the Upholsterers contend that the unit petitioned for is inappropriate on the ground that all watchmen now employed by the Company have been included in a plant-wide unit of production and maintenance employees represented by the Uphol- sterers since 1941.1 The disputed unit involves five employees. They are under the supervision of the Chief Engineer who is the plant official in charge of the powerhouse. They punch the powerhouse clock and are car- ried on the powerhouse pay roll. Their duties include hourly rounds of the plant, and consist primarily of routine inspections of vacuum gauges, pressure gauges, steam lines, and plant machinery. They record periodic gauge readings on regular powerhouse report forms, and report any unusual circumstances to the Chief Engineer. They are especially charged with the maintenance of proper steam pressure during their working shift. It is apparent that their supervision, working hours, rates of pay, and general conditions of employment are clearly identified with those of the powerhouse employees 2 and the record clearly indicates that in all collective bargaining negotia- tions and agreements between the Company and the Upholsterers, those employees have been included in the plant-wide unit of pro- i The Upholsterers was certified as the exclusive bargaining representative in a plant-wide unit of production and maintenance employees pi:rsuant to a lonsent election October 16, 1941. The five employees involved herein were included on the list of eligible voters posted prior to that election. 2 It is not disputed that the powerhouse employees , other than dve disputed employees, are included in the plant-wide unit represented by the Upholsterers. 944 DECISIONS OF NATIONAL LABOR RELATIONS BOARD duction and maintenance employees represented by the Upholsterers.3 Under these circumstances, we find that the proposed unit is inappro- priate and we shall dismiss the petition.4 IV. THE ALLEGED QUESTION CONCERNING REPRESENTATION Inasmuch as we have determined in Section III, that the unit pe- titioned for is inappropriate, we find that no question has arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) of the National Labor Relations Act. ORDER upon the basis of the above findings of fact and the entire record in the case, it is hereby ordered that the petition for investigation and certification of representatives of Kroehler Manufacturing Com- pany, filed herein by International Brotherhood of Firemen & Oilers, Powerhouse Employees, Operators and Maintenance Men, A. F. L., be, and it hereby is, dismissed. 3 On July 1, 1942 , the Company and the Upholsterers entered into a bargaining agree. ment which specifically included "powerhouse employees" and specifically excluded "watch- men" from the bargaining unit established therein . Contrary to the Firemen ' s contention, the record clearly shows that the "watchmen" exclusion in that contract applied only to militarized plant protection personnel , hired by the Company in compliance with Army security regulations while the Company was working on war contracts , and was inserted in the bargaining agreement in recognition of the Board 's established policy of excluding militarized plant protection employees from production and maintenance units. On the termination of the war the militarized plant protection force was abolished , and the em- ployees therein were either discharged or transferred to other plant departments. 4 Matter of Memphis Hardwood Flooring Co , 63 N. L. R. B . 1188; Matter of the Harvester War Depot, Inc., 62 N. L. It . B. 520.