National Die Casting Co.

National Labor Relations Board - Board DecisionsOct 30, 1940

27 N.L.R.B. 1144 (N.L.R.B. 1940)

In the Matter of HERBERT C. JOHNSON, DOING BUSINESS AS NATIONAL DIE CASTING COMPANY and NATIONAL ASSOCIATION OF DIE CASTING WORKERS, AFFILIATED WITH THE C. I. O. Case No. R-2115.-Decided October 30, 1940 -Jurisdiction : die casting industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord recognition to union and request that certification be obtained; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance em- ployees including clean-up men and watchmen, shipping room employees, and packers, but excluding clerical and supervisory employees. Clean-up men and watchmen spending 90 percent of their time'in cleaning up, lighting, and watching machines, mclvded in unit where the work in which they are primarily engaged includes functions closely connected with production. Mr. Otto A. Jaburek, of Chicago, Ill., for the Company. Meyers ct; Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the Union. Mr. Sidney L. Davis, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On September 12, 1940, National Association of Die Casting Workers, herein called the Union, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Herbert C. Johnson, doing business as National Die Casting Company, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On October 14 the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3 of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and 27 N. L. R B., No. 187. 1144 NATIONAL DIE CASTING COMPANY 1145 authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On October 16 the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and upon the Union. Pursuant to the notice a hearing was held on October 22 at Chicago, Illinois, before Stephen M. Reynolds, the Trial Examiner duly designated by the Board. The Company and the Union were represented by counsel and participated in the hearing. Full oppor- tunity to be heard, to examine and to cross-examine witnesses, and to introduce evidence 'bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made various rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Herbert C. Johnson, doing business as National Die Casting Com- pany, with an office and plant at Chicago, Illinois, is engaged in the manufacture, distribution, and sale of die, castings and household products. From October 1, 1939, to September 30, 1940, the Company purchased raw materials amounting to approximately $300,000, of which approximately 662/3 percent were received at the Chicago plant from outside Illinois. During the same period the Company sold finished products in the value of approximately $450,000, of which approximately 50 percent were shipped from the plant to points out- side Illinois. - H. THE ORGANIZATION INVOLVED National Association of Die Casting Workers is a labor organiza- tion affiliated with Congress of Industrial Organizations, admitting to membership production and maintenance employees of the Com- pany, excluding watchmen and supervisory and clerical employees. III. THE QUESTION CONCERNING REPRESENTATION On September 12, 1940, the Union requested the Company to grant the Union recognition as the statutory I representative of employees of the Company. The Company refused this request on the ground that it doubted whether the Union was such representative, and re- fused to negotiate with the Union as such representative unless and 4 1146 DECISIONS OF NATIONAL LABOR RELATIONS BOARD until it was certified by the Board. At the hearing the Trial Exam- iner reported and stated for the purposes of the record that a substan- tial number of employees of the Company within the unit hereinafter found to be appropriate had applied for membership in the Union and designated it as their collective bargaining agency in all matters per- taining to pay rates, wages, hours of employment and other conditions of employment We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate , and substantial re- lation to trade, traffic , and commerce among the several States, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union alleges that all production and maintenance employees of the Company, including shipping room employees and packers, but excluding clean-up men a nd watchmen, and clerical and supervisory employees, constitute an appropriate collective bargaining unit. The Company agrees that such a unit would be generally appropriate, but contends that the unit should include the clean-up men and watchmen 'who spend 90 per cent of their time in cleaning up, lighting, -and watching machines. While the clean -up men and watchmen perform most of their duties during the time of the day when the plant is not in operation and while their duties include guarding of machinery, we are of the opinion that these employees should be included in the appropriate unit because the work in which they are primarily en- gaged includes functions closely connected with production. We find that all production and maintenance employees of the Company, including clean-up men and watchmen, shipping room em- ployees, and packers, but excluding clerical and supervisory em- ployees, constitute a unit appropriate for the purposes of collective bargaining and that said'unit will insure to employees of the Com- pany the full benefit ' of their right to self-organization and to collec- tive bargaining and otherwise effectuate the policies of the Act. i The Trial Examiner reported that 2S of 60 employees on the company pay roll of October 18, 1940 , signed cards making such application-and designation. NATIONAL DIE CASTING COMPANY 1147 , VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by the holding of an election by secret bal- lot. The Company contends that its present pay roll does not repre- sent the normal number of employees, and desires that the election be held not earlier than December 1940. The Union desires that the pay roll of October 18, 1940, be used for the purpose of determining those eligible to vote in the election. We shall follow our usual procedure and direct that an election by secret ballot be held among the em- ployees in the appropriate unit who were employed by the Company during the pay-roll period next preceding the date of the Direction of Election , subject to such limitations and additions as are set'forth in the Direction. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: CONCLUSIONS, OF LAW 2. All production and maintenance employees of the Company, in- sentation of employees , of Herbert C. Johnson , doing business as National Die Casting- Company, Chicago, Illinois, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company in- cluding clean -up men and watchmen , shipping room employees, and packers, but excluding clerical and supervisory employees, constitute a unit appropriate for the purposes of collective bargaining , within the meaning of Section 9 (b) of the National Labor Relations Act. 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 Re- lations Act , and pursuant to Article III, Section 8 of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives , for the purposes of collective bargaining with Herbert C. Johnson, doing business as National Die Casting Company, Chicago, Illinois, an election by secret ballot shall be con- ducted as early as possible but not later than thirty (30) days from the date of this Direction of Election, under the direction and super- vision of the Regional Director for the Thirteenth' Region, acting in this matter as agent for the National Labor Relations Board and i 1148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD subject to Article III, Section 9 of said Rules and Regulations, among all production and maintenance employees of the Company who were employed during the pay-roll period next preceding the date of this Direction, including clean-up men and watchmen, shipping room em- ployees, and packers, and employees who did not work during such pay-roll period because they were ill or on vacation and who were then or have since been temporarily laid off, but excluding employees who have since quit or been discharged for cause, and also exclud- ing clerical and supervisory employees, to determine whether or not they desire to be represented by National Association of Die Casting Workers, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining.