Poor & Co.

National Labor Relations Board - Board Decisions

Aug 14, 1945

63 N.L.R.B. 348 (N.L.R.B. 1945)

U
In the Matter Of POOR & COMPANY (VERMILION MALLEABLE IRON
WORKS) and INTERNATIONAL UNION OF MINE, MILL AND SMELTER
WORKERS, CIO
Case No. 13-R-3028.Decided August 14, 1945
Pope and Ballard, by Mr. Thomas C. Strachan, Jr., of Chicago, Ill.,
for the Company.
Mr. Carson C. Preston , of Danville , Ill., and Mr. Angelo Verdu, of
East St . Louis, Ill., for the Union.
Miss Ruth Busch,, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union of Mine, Mill
and Smelter Workers, CIO, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Poor & Company (Vermilion Malleable Iron Works),
Hoopeston, Illinois, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Benjamin B. Salvaty, Jr., Trial Examiner. Said hearing was
held at Hoopeston, Illinois, on May 25, 1945. 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
ruling's 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
The Company, a Delaware corporation, operates plants which are
located throughout the United States. This proceeding concerns only
the Company's plant in Hoopeston, Illinois, which is known as the
63 N. L. R. B., No. 50.
348
POOR & COMPANY 349.
Vermilion Malleable Iron Works and which is engaged in the manu-
facture of malleable iron castings from customers' patterns. During
the year 1944, the Company purchased raw materials amounting to
more than $100,000, in value, of which 70 percent came from sources
outside the State of- Illinois. In the same period, the Company's sales
were valued in excess of $100,000, of which 70 percent was shipped to
points outside the State.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union of Mine, Mill and Smelter Workers, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated April 6, 1945, the Union requested recognition of
the Company as the exclusive bargaining representative of certain of
its employees. On April 14, 1945, the Company replied by letter stat-
ing that it would not recognize the Union until the latter has been
certified by the Board in an appropriate unit.
A statement of a Field Examiner, 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
We find, in accordance with the agreement of the parties, that all
production and maintenance employees of the Company at its Hoopes-
ton, Illinois, plant, including watchmen, the pattern maker, the pat-
tern maker apprentice, the maintenance mechanic, and the carpenter,
but excluding office and clerical employees, the shipping room clerk,2
the timekeeper,3 the scale man,4 the teamster, superintendents ,5 fore-
men,' assistant foremen ,7 and all other supervisory employees with
I The Field Examiner reported that the Union submitted 93 cards, that there are 125
employees in the appropriate unit, and that the cards were dated as follows : 1 in Feb-
ruary 1945 , 26 in March 1945 ; 61 in April 1945; and 5 were undated.
2 Otto Yeoman.
8 Metz.
4 Joseph Shark, Jr.
' Collier and Leemon.
e Batka and Thurman,
° This includes assistant foreman Felix.
350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
authority to hire, promote , discharge , discipline , or otherwise effect
changes in the status of employees or effectively recommend such
action, constitute a unit appropriate for the purposes of collective
bagaining 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 the em-
ployees 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.
The parties agree that all 15 employees who normally reside on the
Island of Jamaica, B. W. I., and who are classified as temporary em-
ployees on its pay roll be not permitted to vote in the election. Since
it appears that the tenure of these employees will be of limited dura-
tion, we are of the opinion that these employees have an insufficient
interest in working conditions in the plant to warrant their participa-
' tion in the election. Accordingly , we shall adopt the agreement of the
parties and shall not permit these employees to vote."
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 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 Poor & Company
(Vermilion Malleable Iron Works), Hoopeston , 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 direc-
tion and supervision of the Regional Director for the Thirteenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations , among the employees in'the unit found appro-
priate 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 the said pay -roll period because
they were ill, or on vacation , or temporarily laid off, and including
employees in the armed forces of the United States who present them-
selves in person at the polls , but excluding temporary employees and
8 See Matter of Syracuse Chilled Plow Co , Inc., 61 N. L . R. B. 717.
POOR & COMPANY 351
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
Union of Mine, Mill and Smelter Workers, CIO, for the purposes of
collective bargaining.
MR. GERARD D. REILLY took'no part in the consideration of the above
Decision and Direction of Election .