The Washburn Co.

National Labor Relations Board - Board Decisions

Apr 9, 1946

67 N.L.R.B. 129 (N.L.R.B. 1946)

In the Matter of THE WASHBURN COMPANY, ANDREWS' DIVISION and
UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. O.
Case No. 13-11-3367.-Decided April 9, 1946
Fyffe d Clarke, by Mr. Albert J. Smith,, of Chicago, Ill., for the
Company.
Mr. E. V. Roose, of Rockford, Ill., for the Union.
Mr. F. G. Dunn,, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Electrical, Radio, & Machine
Workers of America, C. I. 0., herein called the Union, alleging that
a question effecting commerce had arisen concerning the representa-
tion of employees of The Washburn Company, Andrews' Division,
Rockford, Illinois, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Gustaf B. Erickson, Trial Examiner. The hearing was held
at Rockford, Illinois, on February 21, 1945. 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 Washburn Company is a Massachusetts corporation, having
its home office at Worcester, Massachusetts. It operates two manu-
facturing plants, one a t Worcester, Massachusetts, and the second at
Rockford, Illinois. The Rockford plant, known as the Andrews' Divi-
sion, is the only one involved in this proceeding. At its Rockford
67 N. L. R. B., No. 17.
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130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
plant, the Company manufactures wire kitchen utensils, wire baskets,
wire hardware, miscellaneous wire specialties, and stamped hardware.
Its principal raw material is steel. During the year 1945 the Company
used raw materials valued in excess of $50,000 at its Rockford plant,
of which more than 25 percent was received from points outside the
State of Illinois. During the same period it produced products valued
in excess of $100,000, of which 60 percent was shipped to points out-
side 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 Electrical, Radio & Machine Workers of America is a labor
organizattion, affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On November 14, 1945, the Union directed a letter to the Company
claiming that it represented a majority of the Company's employees
for the purposes of collective bargaining. On November 21, 1945, the
Company answered the Union's letter of November 14, 1945, and ques-
tioned the claim of representation by the Union of a majority of the
Company's 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.
IF. THE APPROPRIATE 'UNIT
We find, in accordance with the agreement of the parties, that all
production and maintenance employees, including shop clerks, store
department employees, shipping room employees, watchman, janitors,
but excluding cafeteria workers, 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 pur-
poses of collective bargaining within the meaning of Section 9 (b) of
the Act.
I The Field Examiner reported that the Union submitted 49 application cards, 43 of
which were dated in October and November 1945 and the remainder undated.
There are approximately 88 employees in the appropriate unit.
THE WASHBURN COMPANY 131
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 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 represent-
atives for the purposes of collective bargaining with The Washburn
Company, Andrews' Division, Rockford, Illinois, an election by sec-
ret 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 Regu-
lations, among employees in the unit found appropriate in Section IV,
above, who were employed during the pay-roll period immediately pre-
ceding 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 United Electrical, Radio & Machine Workers of America,
affiliated with the C. I. 0., for the purposes of collective bargaining.