National Waste Co.

National Labor Relations Board - Board Decisions

Jul 27, 1944

57 N.L.R.B. 709 (N.L.R.B. 1944)

In the Matter of. NATIONAL WASTE COMPANY and DISTRICT 50, UNITED
'MINE WORKERS ,- OF AMERICA
Case No. 13-R-2444.-Decided July 27,1944
Mr. Henry R. Pollachek, of Chicago, Ill., for the'Company.
Mr. Arthel Skelton, of Chicago, Ill., for District 50.
Messrs. Leon Despress, M. J. Myer, Earl T. McGrew, and E. Todd,
of Chicago, Ill., for the CIO.
Mr. Philip Licari , of counsel to the Board.
DECISION
AND '
"DIRECTION 'OE ELECTION
STATEMENT OF. THE CASE
Upon a petition duly filed by District 50, United Mine Workers of
America, herein called=•District 50, alleging that a question affecting
commerce had arisen, concerning the representation of employees of .
National Waste Company,-, Chicago, Illinois, herein called the Com-
pany, the National Labor` Relations Board provided for an appro-
priate hearing upon, due notice before Gustaf B. Erickson;, Trial -Ex-
aminer. Said hearing was held at "Chicago, Illixrois, on June 20,
1944. The Company, District 50, and Textile Workers Union of
America, CIO, herein called the CIO, 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,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
National Waste Company,, an Illinois corporation with its main'
offices in New York City, is- engaged in the -manufacture of journal
57 N. L . R. B., No. 117.
709
710 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
box pickings, wiping waste , and filterings waste at two plants in
Chicago, Illinois, with which -we _are, concerned in this proceeding.
The annual value of the raw materials purchased by the Company
for use at, its Chicago plants is approximately $220,000, of which
about 75 percent is shipped from points outside the State of Illinois.
The annual value of the products finished by the Company at its
Chicago plants is about $400,000 , of which approximately 70 percent
is shipped to various railroads and 30 percent is purchased by the
Government of the United States.
The Company admits, and we find , that it is engaged in commerce
within the meani1ig of the National Labor Relations Act.
II. TIIE ORGANIZATIONS INVOLVED
District 50, United Mine Workers of America, is a labor organiza-
tion - admitting to membership employees of the Company., _
Textile Workers Union of America , affiliated with the Congress of
Industrial Organizations , is a labor organization admitting to member-
ship . employees of the Company.
III. THE QUESTION CONCEitNIN^G' REPRI'ShNTATION
On October 5, 1943, the Compa'ny and the CIO entered into a
collective bargaining agreement covering the employees of both Chi-,
cago plants which provided, in part, as follows :
This agreement is intended as a basic working agreement be-
tween; the parties and shall be effective as of the 15th day of June'
1943 to and including the 15th day of May 1944 and shall-there-
after renew itself from year to year unless changed or. terminated,
as follows:, -
(a) Either party may not later than the 1st day of May in.
any year give written notice to the other party that it desires.
a change in, or termination of this - agreement for the ensuing '
year. * * * .
Neither party elected to give notice of change or' termination on or'•-
before May 1, 1944'.
In a letter dated April 13, 1944, District 50 advised the Company
that it represented a majority of the production and maintenance
employees of both Chicago plants and requested recognition as the
exclusive bargaining representative of such employees. The Com-
pany=replied on' April 25, 1944, that it could not recognize District
50 because of its existing contract with the CIO.
11
The CIO asserts that its agreement with the Company constitutes
a 'bar to 'this, proceeding. However, since District 50 apprised the
Company 'of its claim to representation prior to the operative date
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NATIONAL WASTE COMPANY 711-
of the contract's automatic renewal clause, it is clear that no bar
exists.to a current determination of representatives.,,
A statement of a Field Examiner for, the Board, introduced into
evidence at the hearing, indicates that District 50 represents a sub-
stantial number of employees in the unit -hereinafter found
appropriate.2
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.
11'. THE APPROPRIATE UNIT
District 50 contends, and the Company agrees, that the appropriate
unit should consist of all maintenance, production and piece-work
employees of the Chicago plants, exclusive of office clerical employees,
the shipping clerk, and the, general superintendent. The- CIO is in
accord with the position taken by District 50 and the Company, ex-
cept that it wishes to exclude nine employees who act as gang leaders
oil the ground that they are supervisory employees.
Since 1940, the nine gang leaders have been included in, units cover'e'd
by collective bargaining agreements between the Company on the one
hand, and the CIO' and its predecessor, United Packing House Work-
ers of America, on the other. It is clear thai these employees do not
possess supervisory authority, for their general duties are no different
from those of the Company's other employees.s There is no evidence
that they can effectively recommend a. change in the status of any em-
ployee or that they have other indicia of supervisory status. Con-
sequently, we shall include them in the appropriate unit.
We find that all maintenance and production employees of the Com-
pany's Chicago plants,' including gang leaders, but excluding office
,clerical employees, the shipping clerk, the genera] superintendent, and
all other supervisory employees with authority to hire, promote, dis--
charge, discipline, or otherwise effect changes in the status of em-'
ployees, or effectively recommend, such' action, constitute a unit. ap-'
•propriate ror the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
1 Matter of Erie City Iron Works, 47 N. L. R. B. '381.
' The Field Examiner reported that District 50 submitted 71 authorization cards, all of
which bore apparently genuine original signatures ; and that the names of 68 persons
appearing on the cards were listed on the Company 's pay roll of May 15, 1944, which
contained the names of 79 employees in the alleged appropriate unit.
5 Largely because of their greater seniority , the nine gang leaders receive special assign-
ments on occasion , and are paid 3 cents an hour more than the ordinary employees:
4 Inasmuch as the Company does not employ any piece -work employees, we shall not
provide for their inclusion or exclusion.
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712 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of'an election by secret ballot among
the 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
Act, and pursuant to Article IIT,, 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 thte purposes of collective bargaining with the National.
Waste Company, Chicago, 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, the-
;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 temporarily,
laid OF, 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'Ncen rehired or,reinstated prior to the date of the election,. to,
determine whether they desire to be represented by District 50, United
Mine Workers of^America, or by Textile Workers Union of America,
affiliated with the Congress of Industrial Organizations, for the pur-,
poses of collective bargaining, or by neither.
MR. JOHN'M. HousroN took iio part in the consideration, of the above
Decision and Direction of Election.