Silverstein & Pinsof, Inc.

National Labor Relations Board - Board Decisions

Apr 17, 1942

40 N.L.R.B. 638 (N.L.R.B. 1942)

In the Matter of SILVERSTEIN & PINSOF, INC. and UNITED AUTOMOBILE,
AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA
C. I. O. -
Case No. R-3673.-Decided April 17, 1941
Jurisdiction : copper smelting industry.
Investigation and Certification of Representatives : existence of question : refusal
to accord petitioner recognition; contract about to expire, no bar to; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, including electric mule drivers and a chemist, but excluding non-
working foremen, supervisory employees, office and clerical employees, watch-
men, and outsidetruck drivers.
Levinson, Becker, Peebles d Swiren, by Mr. Herbert Portes, of Chi-
cago, Ill., for the Company.
Meyers & Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the
U. A. W.
Mr. Joseph M. Jacobs, of Chicago, Ill., for Local 714.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 6, 1942, United Automobile, Aircraft & Agricultural
Implement Workers of America, C. I. 0., herein called the U. A. W.,
filed with the Regional Director for the Thirteenth Region (Chicago,
Illinois) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of Silverstein &
Pinsof, Inc., Chicago, Illinois, herein called the Company, and re-
questing 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 March 18, 1942, the National Labor Rela-
tions 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 in-
vestigation and authorized the Regional Director to conduct it and to
provide for an appropriate hearing upon due notice.
40 N. L R B., No. 115.
638
------SI-LVEIRSWIN & PINSOF, INC. 639
On March 20, 1942, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the U. A. W.
and upon Machinery, Scrap Iron & Metal Chauffeurs and Helpers'
Union, Local 714, herein called Local 714, a labor organization claim-
ing to represent employees directly affected by the investigation. Pur-
suant to notice, a hearing was held on March 26, 1942, at Chicago,
Illinois, before Russell Packard, the Trial Examiner duly designated
by the Chief Trial Examiner. The Company, the U. A. W., and Local
714 were_ represented and participated in the hearing. Full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues was afforded all parties.
During the course of the hearing the Trial Examiner granted motions
of the U. A. W. to amend its petition as to formal matters and made
several rulings on other motions and on objections to the admission of
evidence. The Board has reviewed all the rulings of the Trial Exam-
iner and finds that no prejudical errors were committed. The rulings
are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Silverstein & Pinsof, Inc., is an Illinois corporation with its prin-
cipal place of business at Chicago,-Illinois, where it is engaged in the
business of purchasing, smelting, and selling copper and lead alloys.
During the 6-month period preceding March 26, 1942, the Company
purchased about $750,000 worth of materials, approximately 50 percent
of which was shipped to it from points outside the State of Illinois.
During the same period, the Company sold products valued at about
$850,000, approximately 30 percent of which it shipped outside the
State of Illinois. The Company admits,that it is engaged in commerce
within the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
United Automobile, Aircraft & Agricultural Implement Workers of
America, is a labor organization, affiliated with the Congress of Indus-
trial 'Organizations, admitting to membership employees of the
Company. ,
Machinery, Scrap Iron & Metal Chauffeurs and Helpers' Union,
Local 714, is a labor organization affiliated with the American Federa-
tion of Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 19, 1942, the U. A. W., claiming to represent a majority
of the Company's employees, requested the Company to grant it a
640 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
bargaining conference . The Company denied this request, stating
that it was operating under a contract with Local 714. -
On March 1 , 1941, Local 714and the Company entered into an exclu-
sive bargaining contract to run until April 30, 1942. The contract
contains no renewal clause and has not been renewed. The representa-
tive of Local 714 stated at the bearing that it does not consider that its
contract is a bar to a present determination of representatives. It is
clear that the contract does not preclude the Board from investigating
or certifying a bargaining' representative for the purpose of negoti-
ating a new agreement for the period following April 30, 1942, if
such is desired.'
Statements of the Regional Director and the Trial Examiner , intro-
duced into evidence at the hearing , show that the U. A. W. and Local
714 each represents a substantial number of employees in the unit
hereinafter found to be appropriate.2
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
relation to trade, traffic, and commerce among the several States and
Lends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The U. A. W. alleges that all production and maintenance employees
of the Company, including electric mule drivers, but excluding non,
working foremen, supervisory employees, office and clerical employees,
watchmen, chemists, and outside truck drivers, constitute a unit appro-
priate for the purposes of collective bargaining.' The only controversy
with respect to the unit concerns a chemist. The U. A. W. urges that
the chemist be excluded from the unit and Local 714 and the Company
that he be included. ,
The only chemist employed by the Company is engaged in making
routine analyses of various metal alloys. He is paid on an hourly basis
s See Matter of Heldman-Schnld-Tassel , Inc and Cinci nnati, Joint Board of the Amalgam-
ated Clothznq IPorl,ers of America (C. I O , 11 N L R B 1289
2 The Regional Director reported that the U A w presented 25 membership application
cards bearing the signatures of persons whose names appear on the Company's pay roll of
February 24, 1942 The Trial Examiner reported that Local 714 presented 39 member-
ship application cards hearing the signatures of persons hose names appear on the Com-
pany's pay roll of February 20, 1942 There are approximately 45 employees in the unit
hereinafter found to be appropriate
SILVEIRSTE 'IN & PINSOF, INC. 641
and his work is closely related to that of the production employees.
The chemist does not hold any degrees in chemistry and is not con-
sidered by the Company as a professional employee. Under the cir-
cumstances, we shall include the chemist in the unit.3
We find that all production and maintenance employees of the Com-
pany, including electric mule drivers and the chemist, but excluding
non-working foremen, supervisory employees, office and clerical em-
ployees, watchmen, and outside truck drivers, constitute a unit appro-
priate for the purposes of collective bargaining and that such unit will
insure to employees of the Company the full benefit of their right to
self-organization and to collective bargaining and otherwise will effec-
tuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
Local 714 urges that the pay roll immediately preceding the date of
the election be used to determine eligibility to vote. The U. A. W.
urges that the pay roll immediately preceding the date of the Direc-
tion of Election be used for that purpose. The Company took no
position. In accordance with our usual custom, we shall direct that the
employees of the Company eligible to vote in the election shall be
those within 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.
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
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Silverstein & Pinsof, Inc., Chicago, Illinois,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
Act.
2. All production and maintenance employees of the Company, in-
cluding electric mule drivers and the chemist, but excluding non-
working foremen, supervisory employees, office and clerical employees,
watchmen, and outside truck drivers, constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of
Section 9 (b) of the Act.
8 It is not clear whether or not the chemist is covered by the contract between Local 714
and the Company inasmuch as he was hired after that contract was entered into and the
position of chemist is not specifically mentioned therein
455771-42-vol 40-41
642 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Silverstein & Pinsof, 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, Section 9, of said Rules and Regulations,
among all production and maintenance employees of the Company
who were employed during the pay-roll period immediately preceding
the date of this Direction, including electric mule drivers, the chemist,
and employees who did not work during such pay-roll period because'
they were ill or on vacation or in the active military service or train-
ing of the United States, or temporarily laid off, but excluding non-
working foremen, supervisory employees, office and clerical employees,
watchmen, outside truck drivers, and employees who have since quit
or been discharged for cause, to determine whether they desire to be
represented by United Automobile, Aircraft & Agricultural -Imple-
ment Workers of America, affiliated with the Congress of Industrial
Organizations, or by Machinery, Scrap Iron & Metal Chauffeurs and
Helpers' Union, Local 714, affiliated with the American Federation of
Labor, for the purposes of collective bargaining, or by neither.
In the Matter of SILVERSTEIN & PINSOF , INC. and UNITED AUTOMOBILE,
AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA,
C. I. O.
Case No. B-3673
AMENDMENT TO DIRECTION OF ELECTION
May 6,19.4.2
On April 17, 1942, the National Labor Relations Board, herein
called the Board, issued a' Decision and Direction of Election in the
above-entitled proceeding.' On May 2, 1942, Machinery, Scrap Iron
& Metal Chauffeurs and Helpers' Union, Local 714, notified the Board
that it does not desire its name to appear upon the ballot.
The Board hereby amends its Direction of Election by striking
therefrom the words "to determine whether they desire to be repre-
sented by United Automobile, Aircraft & Agricultural Implement
Workers of America, affiliated with the Congress of Industrial Or-
ganizations, or by Machinery, Scrap Iron & Metal Chauffeurs and
Helpers' Union, Local 714, affiliated with the American Federation
of Labor, for the purposes of collective bargaining, or by neither,"
and substituting therefor the words "to determine whether or not
they desire to be represented by United Automobile, Aircraft &
Agricultural Implement Workers of America, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining."
140 N. L. R. B. 688.
40 N. L. R. B., No. 115a.
643
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