United Wall Paper Factories, Inc.

National Labor Relations Board - Board Decisions

Jul 28, 1942

42 N.L.R.B. 977 (N.L.R.B. 1942)

In the Mattel Of UNITED WALL PAPER FACTORIES, INC and INTERNA-
TIONAL UNION, UNITED AUTOMOBILE AIRCRAFT &AGRICULTURAL IMPLE-
MENT WORKERS OF AMERICA, C I 0
Case No R-4018 -Decided July t8, 194
Jurisdiction : munitions processing industry
investigation and Certification of Representatives : existence of question re-
fusal to accord petitioner iecognition, election necessary
Unit Appropriate for Collective Bargaining : all production and maintenance em
ployees at Company s munitions processing plant, including firemen and work-
ing supervisors, but excluding non-working supervisory employees, foremen,
clerical employees, timekeepeis,'watchmen, nurses, and laboratory technicians,
stipulation as to
Mr Robert T Drake, for the Board. '
Lederer, Lzvzngston, Kahn ct Adsit. by Mr Harry H. Kahn, and
Mr Archie H Siegel, of Chicago. Ill . for the Company
111r Ben Meyers, of Chicago Ill foi the Union.
M, r Louis Cokzn, of counsel to the Boai cl
DECISION '
AND
DIRECTION OF ELECTION
SI:ATEMENT OF THE CASE
Upon petition and amended petition duly filed by International
Union, United Automobile Aircraft & Agricultural Implement Work-
ers of America, C I 0, herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the iEpiesentation of
employees of United Wall Paper Factories, Inc, Chicago, Illinois
herein called the Company, the National Labor Relations Board pro
vided for an appropriate hearing upon due notice before J. J Fitz-
patrick, Trial Examiner Said hearing was held at Chicago, Illinois
on June 22 and July 3 and 6, 1942 The Company and the Union ap-
peared, paiticipated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues The Trial Examiiner's rulings made at the
hearings are free from prejudicial error and are hereby affirmed
4Z N L R B, No 184
977
472814-42-von 42-62
978 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
United Wall Paper Factoi ies, Inc , is a Delawal e coi poration hav-
ing its principal offices in Chicago, Illinois We aie conceived with
the Company's munitions processing plant at Chicago A iepresenta-
tive of the Judge Advocate General's office testified that over 50 per-
cent,of the mateiials used by the Company at its piocessing plant aie
shipped to it from points outside the State of Illinois, and that appioxi-
mately the entire output of the plant is shipped to points outside the
State of Illinois All materials, finished and unfinished, used by the
Company are shipped on Government bill of lading
II THE ORGANIZATION INVOLVED
International Union, United Automobile, Aiiciaft & Agiicultural
Implement Workeis of America, is a labor oiganization affiliated with
the Congress of Industrial Organizations, admitting to membership
employees of the Company
III THE QUESTION CONCERNING REPRESENTATION
On May 14, 1942, the Union requested the Company to recognize it
as the exclusive representative of the employees at, the Company's
processing plant The Company refused this request
A statement of the Trial Examiner, read into the record during 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 atisen concerning the
representation of employees of the Company, within the meaning of
Section 9 (c) and Sections 2 (6) and (7) of the National Labor Rela-
tions Act
IN THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees at the Company's munitions
processing plant, including firemen and working supervisors, but ex-
cluding non-working supervisory employees, foremen, clerical employ-
ess, timekeepers, watchmen, nurses, and laboratory technicians, consti-
tute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act
1
The Trial Examiner reported that the Union presented 102 membership application
cards bearing apparently genuine signatures of persons whose names appear on the
Company's pay roll of June 22, 1942 There are 176 names on that pay roll
6
UNITED WALL PAPER FACTORIES, INC. ' 979
V THE. DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot The Union urges
that a pay roll preceding the date of its petition herein, May 18, 1942,
be used to deter mine eligibility to vote The Company contends that
a curient pay ioll should be used foi that purpose. In accordance
with our usual practice, we shall direct that the employees of the Com-
pany eligible to vote in the election shall be those in the appropriate
unit who were employed during the pay-toll period immediately pie-
ceding the date of the Direction of Election herein, subject to the
limitations and additions set forth rn,tlie Direction
DIRECTION OF ELECTION
By viitue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations At,
49 Stat 449, and pursuant to Aiticle III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain repiesenta-
tives for the purposes of collective bargaining with United Wall Paper
Factories, Inc , 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 Dnector for the Thirteenth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to ,Article
III, Section 9, of said Rules and Regulations, among the employees of
the Company in the unit found appropriate in Section IV, above, who
were employed dui rig the pay-roll period immediately preceding the
date of this Dnection, including any such employees who did not woik
during said pay-toll period because they were ill or on vacation or in
the active military seivice or tiaimng of the United States, or tem-
porarily laid off, but excluding any who have since quit or been dis-
charged for cause, to determine whether or not they desire to be
represented for the purposes of collective bargaining by International
Union, United Automobile, Aircraft & Agricultural Implement Work-
eis of America, affiliated with the Congress of Industrial Organiza-
tions
MR GERARD D REII LY took no par t in the consideration of the above
Decision and-Direction of Election