The Bastian-Blessing Co.

National Labor Relations Board - Board Decisions

Feb 13, 1946

65 N.L.R.B. 1023 (N.L.R.B. 1946)

In the Matter of THE BASTIAN-BLESSING COMPANY and INTERNA-
TIONAL ASSOCIATION OF MACHINISTS, DIE AND TOOL MAKERS LODGE
113
Case No. 1.3-R-3292.-Decided February 13, 19413
Pyffe e& Clarke, by Mr. Albert J. Smith, of Chicago, Ill., for the
Company.
Messrs. E. J. Reid, B. H. Skidmore, and R. Paquet, of Chicago, Ill.,
for the Union.
Mr. Charles B. Slaughter, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Association of Machin-
ists, Die and Tool Makers Lodge 113, herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of The Bastian-Blessing Company, Chicago,
Illinois, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Clarence A. Meter, Trial Examiner. The hearing was held at Chi-
cago, Illinois, on December 19, 1945. The Company and the Union
appeared and participated.' All parties were afforded • full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to in-
troduce 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 OF FACT
I. THE BUSINESS OF TIB COMPANY
The Bastian-Blessing Company is an Illinois corporation engaged
in the manufacture of machinery for the carbonic gas industry, main-
1 International Union of Mine , Mill & Smelter Workers, C. I. 0., also served with notice,
'did not appear.
65 N L. R. B., No. 182.
679100-46-vol 65-66 1023
1024 DECISIONS OF NATIONAL LABOh RELATIONS BOARD
taining its offices and plant in Chicago, Illinois. During the calendar
year 1944, the Company purchased raw materials consisting prin-
cipally of brass, aluminum, and grey iron castings valued in excess
of $50,000, of which over 50 percent was shipped to the plant from
points outside the State of Illinois. For the same period, the Com-
pany sold finished products valued in excess of $75,000, of which over
50 percent 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. THE ORGANIZATION INVOLVED
International Association of Machinists, Die and Tool Makers Lodge
113, is a labor organization admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of employees in the toolroom until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees 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 consisting of all employees of the toolroom
excluding the timekeeper, foreman, assistant foremen, and 'grinder
supervisor. The Company takes no position with respect to the ap-
propriateness of a separate unit of toolroom employees. However, if
the Board finds such a unit to be appropriate, the Company agrees
that the timekeeper, foreman, assistant foremen, and grinder super-
visor be excluded therefrom
The function of the toolroom is to make tools for use in the Com-
pany's production operations. The job classifications of the employees
in the department include tool makers, tool grinders, die makers,
machine hands, bench hands, learners, and trainees. The department
occupies a corner of one of the floors at the plant, being separated
therefrom by a wire fence, and is under the separate supervision of
2 The Field Examiner reported that the Union submitted 16 application cards, bearing
the names of 14 employees listed on the Company' s pay roll for the toolroom . There are
approximately 21 employees in the appropriate unit.
THE BASTIAN-BLESSING COMPANY 1025
the toolroom foreman. The employees are more highly skilled than
the employees in the rest of the plant, their wage scales ranging from
45 to 50 percent higher. Transfers of employees between the toolroom
and the rest of the plant are infrequent. Transfers from the rest of
the plant to the toolroom occur when employees in the production
departments of higher capability indicate their desire to be trans-
ferred. There has been no history of bargaining for any of the em-
ployees of the plant. The Union has confined its organizational activi-
ties to the employees of the toolroom.
Upon the basis of the above facts, and upon the entire record in these
proceedings, we conclude that the employees of the toolroom are a
homogeneous group of workers having skills and interests which differ
from those of the other employees at the plant and may therefore be
effectively represented for bargaining purposes in a separate unit.'
We find that all employees of the toolroom of the Company at its
Chicago, Illinois, plant, but excluding the timekeeper, foreman, assist-
ant foremen, grinder supervisor, and all or any other supervisory
employees with 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 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 a hpropriate 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 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 representa-
tives for the purposes of collective bargaining with The Bastian-
Blessing 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
' See Matter of Allis -Chalmers Manufacturing Company, Supercharger -works, 54
N L. R. B. 1587.
1026 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 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 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 International Association of Machinists, Die and Tool Makers
Lodge 113, for the purposes of collective bargaining.