J. J. Tourek Manufacturing Co.

i In the Matter of J. J. TOURER MANUFACTURING Co. and UNITED / ELECTRICAL, RADIO & MACHINE WORKERS` OF AMERICA, AFFILIATED WITH THE C. I. O. 'Cage No. B-3518.-Decided February 28, 1942 Jurisdiction : screw machine products manufacturing industry. Investigation and Certification of Representatives : existence of question : refusal to accord union recognition until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees including apprentices, but excluding guards, timekeepers, students, office, clerical (including production clerks), engineering, and supervisory employees; no controversy as to. Mr. Albert J. Smith, of Chicago, Ill., for the Company. Mr. Ernest De Maio, of Chicago, Ill., for the C. I. O. Mr. Harry J. Guyon, of Chicago, Ill., for the Independent. Mr. A. Sumner Lawrence, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On January 20, 1942, United Electrical, Radio & Machine Workers of America (C. I. 0.) herein called the C. I. 0., filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affecting commerce had arisen con- cerning the representation of employees of J. J. Tourek Manufac- turing • Co., Chicago, Illinois, herein called the Company, and requesting an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On January 27, 1942, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of-the Act and Article III, Section 3, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 39 N. L. R. B., No. 63. 380 J. J. TOUREK MANUFACTURING CO. / 381 On January 27, 1942, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, and the C. I. O. Pursuant to notice, a hearing was held on February 3, 1942, at Chicago, Illinois, before William J. Isaacson, the Trial Ex- aminer duly designated by the Chief Trial Examiner. At the hear- ing, a motion to intervene was, made on behalf of J. J. Tourek Mfg. Co. Employees' Independent Union, herein called the Independent, a labor organization claiming to represent employees directly affected by the investigation. The motion was allowed by the Trial Ex- aminer . All parties were represented and participated in the hear- ing. Full opportunity to examine-and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial error was committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the ' following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY J. J. Tourek Manufacturing Co. is an Illinois corporation with its principal place of business and office at Chicago, Illinois. The Company is engaged at its plant in, Chicago, Illinois, in the manu- facture, sale, and distribution of screw machine products. The Com- pany purchased during the year 1941 raw materials valued at more that $200,000, of which raw materials over 40 percent were purchased in interstate commerce. During the same period, the Company sold finished products valued at more than $400,000, of which finished products over 50 percent were sold in interstate commerce. The Company employs approximately 250 employees. ' The Company admits that it is engaged in commerce within the meaning of the Act. II. THE ORGANIZATIONS INVOLVED United Electrical, Radio & Machine Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. J. J. Tourek'Mfg. Co. Employees' Independent Union is an un- affiliated labor organization, admitting to membership employees of the Company. 382 DECISIONS OF NATIONAL ,LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION Shortly before the filing of the petition herein, the C. I. 0. re- quested recognition from the Company as the.exclusive representative of its employees. The Company refused to grant recognition until the C. I. 0. had been certified as such- representative by the Board. At the hearing, there was introduced in evidence a report of the Regional Director showing that each union represents a substantial, number of the employees in the appropriate unit.' We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE _ We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in. Section I -above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT At the hearing, the C. I. 0. and the Independent stipulated that the appropriate unit should consist of all production and mainte- nance employees including apprentices, but excluding guards, time- keepers, students, office, clerical, engineering, and supervisory em- ployees. The Company took no position. All parties are agreed that the four production clerks should be excluded as clerical employees. In accordance with the stipulation and agreement we find that all production and maintenance employees including apprentices, but excluding guards, timekeepers, students, 'and office, clerical (includ- ing production clerks), engineering, and supervisory employees, con- stitute a unit appropriate for the purposes of collective 'bargaining. We further find that said unit will insure to employees of the Com- pany the full benefit of their right to self-organization and to col- lective bargaining and otherwise will effectuate the policies of the Act. I The Regional Director reported that the C I. 0 had submitted 123 signed authorization cards of which 80 were dated January 1942 and 18 undated Of the 123 cards presented, 98 contained names of persons on the Company's pay roll of February 1, 1942 The Regional Director further reported that the Independent had submitted 148 signed membership cards, all undated , of «hnch 133 cards bore the names of persons on the Company's pay roll of February 1, 1942. There are approximately 200 employees in the appropriate unit 448105-42=vol. 39-26 J. J. TOUREK MANUFACTURING Co. 383 VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning the repre- sentation of employees of the Company can best be resolved by an election by secret ballot. The C. I. O. requests that the pay roll for 'the period immediately prior to the filing of the petition be used to determine eligibility; the Independent desires use of the the pay roll immediately following the filing of the petition. We see no' reason for departing from our usual practice, and accordingly shall 'direct that those eligible to vote in the election shall be those employees within the appropriate unit who were employed during the pay-roll period immediately preceding the Direction of Election herein, subject to limitations and additions set forth in the Direction. CONCLUSIONS OF LAW 1. A question affecting commerce' has arisen concerning the repre- sentation of employees of J. J. Tourek Manufacturing Co. within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All the production and maintenance employees of J. J. Tourek Manufacturing Company, including apprentices, but excluding guards, timekeepers, students, and office, clerical (including production clerks), engineering, and supervisory employees,, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 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 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that , as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with J. J. Tourek Manufacturing Co., 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 Thirteenth Region, acting in this matter as agent for the National Labor Re- lations Board and subject to Article III, Section 9, of said Rules and Regulations, among all the production and maintenance employees of the Company who were employed during the pay-roll period im- mediately preceding the date of this Direction of Election , including 384 DECISIONS OF NATIONAL LABOR RELATIONS BOARD apprentices and those employees who did not work during such pay- roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding guards, timekeepers, students, and office, clerical (including production clerks), engineering, and supervisory em- ployees and those who have since quit or been discharged for cause, to determine whether they desire to be represented by United Electri- cal, Radio & Machine Workers of America (C. I. 0.), or by J. J. Tourek Mfg. Co. Employees' Independent Union, for the purposes of collective bargaining, or by neither. CHAIRMAN M=s took no part in the consideration of the above Decision and Direction of Election. i