United Generator and Armature Service

National Labor Relations Board - Board Decisions

Feb 5, 1947

72 N.L.R.B. 405 (N.L.R.B. 1947)

In the Matter of MAURICE SACHS AND ROSE SACHS, D/B/A UNITED
GENERATOR AND ARMATURE SERVICE, EMPLOYERS and AMALGAMATED
LOCAL 453, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA (UAW-CIO), PETITIONER
Case No. 13-R-3983.-Decided February 5,1947
Weiss and Robens, by Mr. Robert Weiss, of Chicago, Ill., for the
Employers.
Meyers, Meyers and Rothstein, by Messrs. Irving Meyers, Edmund
Hatfield, and David B. Rothstein, of Chicago, Ill., for the Petitioner.
Mr.,Thomas B. Sweeney, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Chicago,
Illinois, on November 7, 1946, before Robert T. Drake, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed. At the close of the hearing, the
Employers moved to dismiss the petition for lack of evidence. The
hearing officer referred this motion to the Board for consideration and
disposition. Having considered the entire record herein, the Board
hereby denies such motion.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYERS
Maurice Sachs and Rose Sachs, co-partners, doing business as
United Generator and Armature Service, are engaged in the repair
of electrical starters and generators. For that purpose they maintain
a plant in Chicago, Illinois. The principal raw materials used by
the Employers in the operation of their business are copper wire, in-
sulation and casings. During the period from January 1, 1946 to
November 1, 19461 the Employers rendered services valued at approxi-
mately $50,000, about 50 percent of this amount representing billings
72 N. L. R. B., No. 76 - 405
406 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to customers located outside the State of Illinois. The services thus
supplied are performed on motors and generators which are shipped
to the Employers' plant and, when repairs are completed, are shipped
back to the customers.
We find that the Employers are engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employers.
III. THE QUESTION CONCERNING REPRESENTATION
The Employers refuse to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employers until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employers within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Petitioner claims as appropriate a unit composed of all pro-
duction and maintenance employees, excluding supervisory and cleri-
caf employees. The Petitioner would exclude as supervisors em-
ployees Marome, Brennan and Mayer, while the Employers would
include them.
Maurice Sachs personally directs the operations of the partnership
which employs approximately 18 or 20 people. He alone is possessed
of authority to employ or discharge personnel.
Employees Marome, Brennan and Mayer, whom the Union would
exclude from the unit because of their alleged supervisory status,
perform the following functions :
Marome directs the work of six or seven employees, assigns work to
them, tests and checks completed work and instructs new employees.
Brennan takes charge in the absence of Sachs, waits on customers,
opens the plant in the morning, fires the furnace, works in the shipping
department, tests completed work and acts as head of the generator
department composed of three employees. Mayer works with Bren-
nan and also in the office and shipping department.
None of the three above-named employees are authorized to hire
discharge, discipline, or make effective recommendations concerning
personnel matters. We are of the opinion that none of these three
UNITED GENERATOR AND ARMATURE SERVICE 407
employees are supervisors within the Board's customary definition.
Accordingly, we shall include them in the unit.
We find that all the Employers ' production and maintenance em-
ployees,' excluding clerical employees and all 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 collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Maurice Sachs and Rose Sachs,
d/b/a United Generator and Armature Service, 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 Thir-
teenth Region, acting in this matter as agent for the National Labor
Relations Board, and subject to Sections 203.55 and 203.56, of
National Labor Relations Board Rules and Regulations-Series 4,
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 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 Amalgamated Local 453, United Automobile, Aircraft and Agri-
cultural Implement Workers of America (UAW-CIO), for the pur-
poses of collective bargaining.
' The unit includes George Hill, a part-time employee, Patrick Brennan, Sue Marome
and Leonard Mayer.