Illinois Iron & Bolt Co.

In the Matter Of ILLINOIS IRON & BOLT COMPANY and METAL TRADES DEPARTMENT OF THE A. F. OF L. Case No. R-3542.-Decided March 11, 1942 Jurisdiction : iron and metal products manufacturing industry. Investigation and Certification of Representatives : existence of question: refusal of Company to accord union recognition until certified by the Board; election necessary. Unit Appropriate for Collective Bargaining : all factory employees excluding office -employees, company executives, shop clerks, foremen and assistant foremen, and all others in supervisory positions or in confidential relations with the management; no controversy as to. i Fyffe c€ Clarke, by Mr. John Harrington, of Chicago, Ill., and Mr. G. R. Beverly, of Elgin, Ill., for the Company. Mr. A. J. Eberhardy, of Chicago, Ill., and Mr. J. W. Ramsey, of Rockford, Ill., for the Union. Mr. H. G. Moorhead Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On January 21, 1942, the Metal Trades Department of the American Federation of Labor, herein called the Union, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleg- ing that a question affecting commerce had arisen concerning the representation of employees of Illinois Iron & Bolt Company, Car- pentersville, Illinois, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On February 4, 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 Relations 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. 129. 678 ILLYNOIIS rR'ON & BOIJP COMPANY 679 On February 7, 1942, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the Union. Pursuant to notice, a hearing was held on February 13, 1942, at Elgin, Illinois, before-William J. Isaacson, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the Union were represented and participated in the hearing. Full opportunity to be heard, to examine and cross-examine the witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made rulings on the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were com- mitted. 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 Illinois Iron & Bolt Company is an Illinois corporation engaged in the business of manufacturing iron and metal products in Carpenters- ville, Illinois. During the 12 months' period prior to February 13, 1942, it paid an amount in excess of $200,000. for raw materials, more than 50 percent of which were imported from points outside Illinois; in the same period it sold its manufactured products for an amount in excess of $500,000, selling more than 50 percent of them for ship- ment to points outside Illinois. The Company enjoys priority ratings for its material; it manufactures farm implements and repair parts and also makes castings and parts that go direct to the Army and Navy; more than 50 percent of its business is classified as defense and semi-defense. II. THE ORGANIZATION INVOLVED The Metal Trades Department of the American Federation of Labor is a labor organization. In this proceeding it includes the International Moulders and Foundry Workers Union; International Association of Machinists; International Brotherhood of Firemen and Oilers; Metal Polishers, Platers, Buffers and Helpers International Union; International Brotherhood of Blacksmiths, Drop Forgers and Helpers. These are also labor organizations, admitting to member- ship employees of Illinois Iron and Bolt Company. - III. THE QUESTION CONCERNING REPRESENTATION The Company refused to recognize the Union as exclusive bargain- ing agent until an election has been held and the Union has been 680 DECISIONS OF NATIONAL LABOR RELATIONS BOARD certified by the Board. The Union has submitted to the Regional Director evidence showing that it represents a substantial number of employees in the unit hereinafter found appropriate.' 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. i V. THE APPROPRIATE UNIT The unit proposed by the Union is not opposed by the Company, and, in accordance with the Union's proposal, we find that all factory employees excluding office employees, company executives, shop clerks, foremen and assistant foremen, and all others in supervisory positions or in confidential relations with the management 2 con- stitute a unit appropriate for the purposes of collective bargaining. We further find that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise will effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by the holding of an election by secret ballot. We shall direct that the employees of the Company eligible to vote in the election shall be those 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. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: I The Regional Director reported that the Union presented 134 cards which bore the apparently genuine signatures of different employees whose names appeared on a current Company pay roll. At the hearing the Union exhibited to the Trial Examiner similar cards for 2 additional employees on the pay roll. The Union's petition discloses that there are approximately 285 employees in the unit hereinafter found appropriate 2 The employees who are to be excluded from the unit because they are in confidential relations with the management are those whose confidential relation pertains to labor or employment policy or information ILLINOIS M''ON & BOLT COMPANY 681 CONCLUSIONS OF LAW, 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Illinois Iron & Bolt Company, Carpenters- ville, Illinois, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All factory employees excluding office employees, company executives, shop clerks, foremen and assistant foremen, and all others in supervisory positions or in confidential relations with the manage- ment 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 Rela- tions Act, 49 Stat. 449, 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 authorized by the Board to ascertain representatives for the purposes of collective bargaining with Illinois Iron & Bolt Company, Carpentersville, Illi- nois, 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, Section 9, of said Rules and Regulations, among all factory employees who were employed during the pay-roll period immediately preceding the date of this Direction, including 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 office employees, company executives, shop clerks, foremen and assistant foremen, and all others in supervisory positions or in confidential relations with the management, and em- ployees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by the Metal Trades Department of the American Federation- of Labor, for the purposes of collective bargaining. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election.