Samuel Olson Mfg. Co., Inc.

National Labor Relations Board - Board Decisions

Jan 31, 1946

65 N.L.R.B. 766 (N.L.R.B. 1946)

In the Matter Of SAMUEL OLSON MFG. CO., INC. and UNITED STEEL-
WORKERS OF AMERICA, CIO
Case No. 13-R-3332.-Decided January 31, 1946
Fyffe and Clarke , by Mr . Albert J. Smittli, of Chicago, Ill., for the
Company.
Mr. Morris Mallinger , of Chicago , Ill., for the Union.
Mr. Frederick D. Vincent , Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of Alnerica, CIO,
herein called the Union, alleging that a question affecting conuilerce
had arisen concerning the representation of employees of Samuel Olson
Mfg. Co., Inc., Chicago, Illinois, herein called the Company,l the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Clarence A. Meter, Trial Examiner. The hear-
ing was held at Chicago, Illinois, on December 11, 1945. The Com-
pany and the Union appeared and participated.2 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 opportunity to file
briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS or FACT
I. THE BUSINESS OF THE COMPANY
Samuel Olson Mfg. Co., Inc., an Illinois corporation , has its principal
office and place of business at Chicago, Illinois, where it is engaged in
' The Union moved at the hearing to amend all papers in this proceeding to reflect the
correct name of the Company. The motion was granted by the Trial Examiner and an
papers were amended in accordance therewith
By a document dated November 29, 1945, the Union waived its rights to protest any'
election, if ordered, based on pending charges of unfair labor practices in Case No. 13-0-
2675.
65 N. L. R. B., No. 127.
766
SAMUEL OLSON MFG. CO., INC. 767
the manufacture of conveying machinery. During the calendar year
1944, the Company used raw materials valued in excess of $50,000, more
than 50 percent of which was shipped to the plant from points outside
the State of Illinois. During the same period the Company sold goods
valued in excess of $75,000, more than 50 percent of which was shipped
from the plant 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. TILE ORGANIZATION INVOLVED
United Steelworkers of America is a labor organization, affiliated
with the Congress of Industrial Organizations, admitting to member
ship employees of the Company.
111. TILE QUESTION CONCERNING REPRESENTATION
On October 17, 194.5, the Union by letter asked the Company for
recognition as bargaining representative of the Company's employees.
By letter dated October 25, 1945, the Company denied the request,
stating that it questioned the Union's representative status among its
employees.
.A statement of a Board agent, introduced into evidence at the hear-
ing, 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
The Union seeks a unit composed of all production and maintenance
employees, including the watchman, but excluding office and clerical
employees, engineering department employees, foremen, and all other
supervisory employees. The Company does not contest the appro-
priateness of the proposed unit, agreeing that the office and clerical
employees, engineering department employees, and foremen should
be excluded. As to the watchman, the Company takes no position,
desiring to leave the question for Board determination.
The iN aiclnnan patrols the plant, punches clocks, and guards property
against fire and theft. About one-third of his time is spent in janitorial
work. He is neither armed nor uniformed, and performs the usual
' The Field Examiner reported that the Union submitted 24 authorization cards, bearing
the names of 15 employees , listed on the Company's pay roll of November 13, 1945, and
that the cards are dated in October 1945.
There are approximately 45 employees in the appropriate unit.
679100-46-vol. 65-50
768 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
duties of watchmen and janitors . Accordingly , we shall include him
in the appropriate unit.
We find that all production and maintenance employees of the Com-
pany, including the watchman , but excluding office and clerical em-
ployees, engineering department employees, foremen , and all other
supervisory employees with authority to hire, promote , discharge, dis-
cipline, or otherwise effect changes in the status of employees , or effec-
tively recommend such action, constitute a -unit appropriate for the
purposes of collective bargaining 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 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain represeiita-
tives for the purposes of collective bargaining with Samuel Olson
Mfg. Co., Inc., 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 employees in the unit found appropriate in Section IV, above,
who were employed during the pay-roll period immediately preced-
ing 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 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 been rehired or reinstated prior to the date of the
election, to determine whether or not they desire to be represented by
United Steelworkers of America, CIO, for the purposes of collective
bargaining.
"s(,e Matter of Champion Sheet Metal Co, Inc, 61 N I. R B 511 Matter of Edge-
mate) Steel Company , 56 N L. R. B. 1778