The Northwestern Corp.

National Labor Relations Board - Board Decisions

Apr 3, 1946

66 N.L.R.B. 1483 (N.L.R.B. 1946)

In the Matter of THE NORTHWESTERN CORPORATION and FEDERAL
LABOR UNION, No. 23935, A. F. OF L.
{
Case No. 13-B-3440.--Decided April 3, 1946
Fyffe & Clarke, by Mr. John Harrington, of Chicago, Ill., for the
Company.
Mr. L. J. Wadsworth, of Chicago, Ill., for the Union.
Mr. Arthur Christopher, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
I
STATEMENT OF THE CASE
Upon a petition duly filed by Federal Labor Unions No. 23935,
A. F. of L., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Northwestern Corporation, Morris, Illinois, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Josef L. Hektoen, Trial
Examiner. The hearing was held at Chicago, Illinois, on February
14, 1946. 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 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
1. THE BUSINESS OF THE COMPANY
The Northwestern Corporation is a corporation organized and
doing business under the laws of the State of Illinois, with its office
and plant located at Morris, Illinois. During 1945 it purchased raw
66 N. L. R. B., No. 184.
1483
1484 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
materials, including stainless steel, steel, aluminum, brass, and glass,
to a value in excess of $150,000, approximately 80 percent of which
was shipped to it from points without the State of Illinois. During
the same year it manufactured and sold finished products consistin&
of peanut and candy vending machines, stainless steel, and aluminum
cooking utensils, and related products, to a value in excess of $250,000,
approximately 20 percent of which was shipped by the Company 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.
11. TIIE ORGANIZATION INVOLVED
Federal Labor Union, No. 23935, is a labor organization, affiliated
with the American Federation of Labor, 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 Vargaining representative of its production and main-
tenance employees' until the Union has been certified by the 'Board in
an appropriate unit.
A statement of a Board agent, 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 mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. TIIE APPROPRIATE UNIT
The parties are generally agreed that the appropriate unit should
consist of all production and maintenance employees of the Com-
pany except office clerical employees, foremen, assistant superin-
tendents, superintendents, and all or any other supervisory em-
ployees. However, they are in disagreement as to the inclusion or
exclusion of three subforemen; the Union would include them whereas
the Company would exclude them.
The Company employs 3 subforemen.2 They ' spend 30 percent
3 The Field Examiner reported that, the Union submitted 117 ca rds and that, `of these
cards, 100 bore the names of employees listed on the Company's pay roll of January
28, 1946. There are approximately 148 employees in the appropriate uait.,;
2 Florence Such, Norman Hill, and Paul Hanson, all of whom are employed in the
assembly unit.
THE NORTHWESTERN CORPORATION 1485
of their time in, the performance of supervisory duties, and the bal-
ance in manual work similar to that performed by the employees
under their supervision. They receive approximately 20 percent more
pay than the rank and file employees. The record reveals that all 3
of these subforemen can effectively recommend the discharge of em-
ployees under their supervision. Accordingly, we find that the sub-
foremen are supervisory employees within our customary definition
of that term and shall exclude them from the unit.
We find that all production and maintenance employees of the
Company at its Morris, Illinois, plant but excluding office clerical
employees, foremen,3 subforemen, assistant superintendents, super-
intendents, and all or any other 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 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 Re-
lations 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 North-
western Corporation, Morris, 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,
s Not included within this category are Clarance Funk, Jerry Tosteson , and Alfred
Steele, who , the parties agree, and we find, do not possess supervisory authority within
the Board 's customary definition thereof.
1486 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 repre-
sented by Federal Labor Union, No. 23935, A. F. of L., for the
purposes of collective bargaining.
CHAIRMAN HExzoa took no part in the consideration of above
Decision and Direction of Election.