Master Industries, Inc.

National Labor Relations Board - Board Decisions

Aug 24, 1945

63 N.L.R.B. 521 (N.L.R.B. 1945)

In the Matter of MASTER INDUSTRIES, INC. and PAINTERS UNION
LOCAL 396, BROTHERHOOD OF PAINTERS, DECORATORS & PAPER HANG-
ERS OF AMERICA, A. F. OF L.
In the Matter of MASTER INDUSTRIES, INC. and AMALGAMATED LOCAL
453, U. A. W.-C. I. O.
Cases Nos. 13-P-2944 and 13-R-2991, respectively.-Decided
August 24, 1945
Mr. S. W. DeKoven, of Chicago, Ill., for the Company.
Mr. F. J. Haggerty, of Chicago, Ill., for the Painters.
Meyers ct Meyers, by Mr. H. E. Baker, and Mr. Albert E. Glenn,
of Chicago, Ill., for the C. I. O.
Messrs. Angelo Inciso and Nick Nardi, of Chicago, Ill., for the
A. F. of L.
Mr. Julius Kirle, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by Painters Union Local 396, Brother-
hood of Painters, Decorators & Paper Hangers of America, A. F. of
L., herein called the Painters, and Amalgamated Local 453, U. A. W,
C. I. 0., herein called the C. I. 0., 'alleging that a question affecting
commerce had arisen concerning the representation of employees of
Master Industries, Inc., Chicago, Illinois, herein called the Company,
the National Labor Relations Board provided for an appropriate con-
solidated hearing upon due notice before Gustaf B. Erickson, Trial
Examiner. Said hearing was held at Chicago, Illinois, on May 29,
1945. The Company, the Painters, the C. I. 0., and the United Auto-
mobile Workers of America, A. F. of 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 intro-
duce evidence bearing on the issues. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are hereby
63 N. L . R. B., No. 81.
521
522 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
I. THE BUSINESS OF THE COMPANY
Master Industries, Inc., an Illinois corporation having its principal
office and place of business at Chicago, Illinois, is engaged in the finish-
ing and stamping of radar, radionic, and electronic equipment. It
uses raw materials consisting of steel, aluminum, paint, plating, and
chemicals, of which approximately 90 percent comes from points out-
side the State of Illinois. Its products are valued in excess of
$1,500,000 annually, at least 85 percent of which is for direct sale to,
the armed services and all of which eventually is 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
Painters Union Local 396, Brotherhood of Painters, Decorators &
Paper Hangers of America, affiliated with the American Federation
of Labor, is a labor organization admitting to membership employees
of the Company.
Amalgamated Local 453, United Automobile, Aircraft & Agricul-
tural Implement Workers of America, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
United Automobile Workers of America, affiliated with the Ameri-
can Federation of Labor, is a labor organization admitting to mem-
bership employees of the company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to any of the labor
organizations involved herein until it 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 Painters and C. I. O. each represents a substan-
tial number of employees in the unit hereinafter found appropriate.,
' The Field Examiner reported that the Painters submitted 20 cards, that the names of
16 persons appearing on the cards were l isted on the Company ' s payroll as spray department
employees, and that the 16 cards were dated in March 1945. The C I 0 submitted 123
cards , the names of 20 persons appearing on the cards were listed on the Company's pay
roll as spray department employees ; the names of the persons appearing on the remainder
0
MASTER INDUSTRIES, INC. 523
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. TILE APPROPRIATE UNIT; TIIE DETERMINATION OF REPRESENTATIVES
The Painters seeks a unit composed of all painters, sprayers, dip-
pers, helpers,' and inspectors employed in the Company's spray de-
partment. The A. F. of L. desires a unit of all the Company's em-
ployees, excluding painters, sprayers, dippers, helpers, and inspectors
employed in the spray department, armed militarized guards, clerical
and sttpervisory employees. The C. I. O. is in substantial agreement
with the unit sought by the A. F. of L., except that it would include
in the unit the painters, sprayers, dippers, helpers, and inspectors
employed in the spray department. The Company takes a neutral
position.
The spray department employees are classified as wrinkle sprayers,
prime sprayers, painters, dippers, helpers, and inspectors. They per-
form the painting and inspecting on all the metal products manu-
factured or jobbed by the Company. They carry on the paint work
by means of spray guns and by dipping the metal products to be
painted into a paint bath. Their duties are dissimilar to those of
the production and maintenance employees and they share none of the
work of the latter. Unlike the other production and maintenance
employees they are subject to stringent health, safety, and insurance
regulations. They work in a building segregated from the other em-
ployees and are under separate supervision. Although their work
on the products manufactured by the Company is an integral part of
the Company's manufacturing process,_ their work on the products
jobbed by the Company is not. The record discloses no previous his-
tory of collective bargaining.
. The employees sought by the Painters comprise a well-defined craft
group such as the Board has often found may constitute a separate
appropriate unit.2 On the other hand, they may properly function
as a part of the production and maintenance unit sought by the C. I. O.
Accordingly, our determination of the appropriate unit will depend,
in part, upon the desires of the employees themselves to be expressed
of the cards were listed on the pay roll as being employed in departments other than the
spray department ; and 48 cards were dated in March 1945, 22 in April 1945, and 41 were
undated. The A F of L submitted 47 cards ; the names of 10 persons appearing on the
cards were listed on the Company's pay roll as spray department employees , the names
of the employees appearing on the remainder of the cards were listed on the pay roll as
being employed in departments other than the spray department , and 1 card was dated
in February 1945, 14 in March 1945 , 23 in April 1945, and 2 were undated The report
further reveals that there are approximately 40 employees in the spray department and a
total of approximately 160 employees in departments other than the spray department.
2 See Matter of Brown Shipbuilding Company, Inc., 58 N. L. R. B., 998, Matter of Carbide
and Carbon Chemicals Corporation, 57 N. L . R. B. 783.
.524 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the elections hereinafter directed. If at such elections the em-
ployees of both voting groups hereinafter defined select the C. I. O.
they will thereby have indicated their desire to constitute a single bar-
gaining unit; otherwise, they will have indicated their desire to con-
stitute separate bargaining units.
There remains for consideration the status of the foreman whom
the Painters would include in its proposed unit notwithstanding the
fact that he admittedly possesses supervisory authority; the C. I. 0.
and the A. F. of L. would exclude him. Since the record establishes
that the foreman possesses supervisory authority within the Board's
customary definition thereof, we shall exclude him from the Painters'
proposed unit.
We shall direct that separate elections by secret ballot be held among
the employees of the Company, in the voting groups listed below,
excluding all clerical employees, armed militarized guards, and su-
pervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or ef-
fectively recommend such action, who were employed during the
pay-roll period immediately preceding the date of the Direction of
Elections herein, subject to the limitations and additions set forth in
the Direction.
1. All painters, sprayers, dippers, helpers, and inspectors employed
in the spray department, excluding foremen.
2. All remaining production and maintenance employees, excluding
painters, sprayers, dippers, helpers, and inspectors employed in the
spray department.
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 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 Master Industries,
Inc., Chicago, 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 the employees in
the voting groups set forth 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
MASTER INDUSTRIES, INC. 525
including employees in the armed forces of the United States who pre-
-sent themselves in person at the polls, but excluding those employees
who have since quit or been discharged for cause and have not been re-
hired or reinstated prior to the date of the elections, (1) to determine
whether the employees described in group 1 of Section IV, above, de-
sire to be represented by Painters Union Local 396, Brotherhood of
Painters, Decorators & Paper Hangers of America, affiliated with the
American Federation of Labor, or by Amalgamated Local 453, United
Automobile, Aircraft & Agricultural Implement Workers of America,
i.ffiliated with the Congress of Industrial Organizations, for the pur-
poses of collective bargaining, or by neither; (2) to determine whether
the employees described in group 2 of Section IV, above, desire to be
represented by Amalgamated Local 453, United Automobile, Aircraft
.& Agricultural Implement Workers of America, affiliated with the
Congress of Industrial Organizations, or by United Automobile Work-
er's of America, affiliated with the American Federation of Labor, for
the purposes of collective bargaining, or by neither.'
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Elections.
3 The request of the Painters , C. 1. 0. and A F. of L. that they be designated on the
ballot otherwise than as hereinabove set forth is hereby referred to the Regional Director
to whom the Board has delegated discretionary authority in matters relating to the conduct
.of elections.