The Gaertner Scientific Corp.

National Labor Relations Board - Board Decisions

Sep 6, 1943

52 N.L.R.B. 482 (N.L.R.B. 1943)

In the Matter of THE GAERTNER SCIENTIFIC CORPORATION and UNITED
FARM EQUIPMENT & METAL WORKERS OF AMERICA, C. I. O.
Case No. R-5859.Decided September 6, 1943
Fyffe d Clarke, by Mr. John Harrington, of Chicago, Ill., for the
Company.
Meyers & Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Farm Equipment & Metal Work-
ers of America, C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of The Gaertner Scientific Corporation, Chicago, Illinois,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Robert E.
Ackerberg, Trial Examiner. Said hearing was held at Chicago, Illi-
nois, on August 20, 1943. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial Examiner's rulings made at the hear-
ing 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
1. THE BUSINESS OF THE COMPANY
The Gaertner Scientific Corporation is an Illinois corporation with
its principal place of business at Chicago, Illinois, where it is engaged
in the manufacture of scientific and optical instruments. During
the 6-month period preceding August 20, 1943, the Company pur-
chased raw materials valued in excess of $100,000, over 50 percent of
52 N. L. R. B, No. 77.
482
THE GAERTNER SCIENTIFIC CORPORATION 483
which was. shipped to it from points outside the State of Illinois.
During the same period the Company manufactured products valued
in excess of $500,000, about 90 percent of which was shipped 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
United Farm Equipment & Metal Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 7, 1943, the Union requested the Company to recognize it
as the exclusive collective bargaining representative of the Com-
pany's employees. The Company refused this request until such'time
as the Union is certified by the Board.
A statement of the Regional Director, introduced into evidence at
the,hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found to be 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 urges that all production and maintenance employees
of the Company, including watchmen, janitors, laboratory employees,
and shipping clerks, but excluding supervisory, office, engineering,
and clerical employees, foremen, and assistant foremen, constitute an
appropriate unit. The Company took no position with respect to
the unit. Evidence introduced at the hearing shows that the em-
ployees claimed by the Union form a well-defined homogeneous group.
We find that all production and maintenance employees of the Com-
pany, including watchmen, janitors, laboratory employees, and ship-
ping clerks, but excluding office, engineering, and clerical employees,
foremen, assistant foremen, and 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.
1 The Regional Director reported that the Union presented 95 membership application cards
bearing apparently genuine signatures of persons whose names appear on the Company's
pay roll of July 28, 1943 . There are approximately 202 employees in the appropriate unit.
549875-44-vol. 52-32
484 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 Rela-
tions Act, and pursuant to Article III, Section 9, of the National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Gaertner
Scientific Corporation, 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 super-
vision 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 Regula-
tions, 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 off, and including employees in the armed forces
of the United States who present themselves in person at the polls,
but excluding any who have since quit or been discharged for cause,
to determine whether or not they desire to be represented by United
Farm Equipment & Metal Workers of America, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining.
CHAIRMAN MILLis took no part in the consideration of the above
Decision and Direction of Election.