Cullen-Friestedt Co.

In the Matter of CULLEN-FRIESTEDT,Co. and CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-11819.-Decided Februarij 10, 1943 Jurisdiction : machinery manufacturing industry. Investigation and Certification of Representatives : existence of question : stipu- lation that Company refused to accord petitioner recognition until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees at one of Company 's plants , excluding office and clerical employees, supervisory employees having the right to hire and discharge, guards, drafts- men, and engineers ; stipulation as to. Mr. Leon A. Rosell, for the Board. Fyffe cC Clarke, by Mr. Albert J. Smith, of Chicago, Ill., for the Company. Mr. Francis J. Michel, of Chicago, Ill., for the Union. Miss Ml oriel J. Levor, of counsel to the Board. DECISION AND DIRECTION OF ELECTION 4 STAITDIENT OF THE CASE p Upon petition duly filed by Congress of Industrial Organizations, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees' of Cullen- Friestedt Co., Chicago, Illinois, herein called the Company, the Na- tional' Labor Relations Board provided for an appropriate hearing upon due notice before William Strong, Trial Examiner. Said hearing was held at Chicago, Illinois, on January 27, 1943. The Company and the Union appeared, participated, and were afforded full oppor- tunity 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. 47 N L R B, No 56. 415 416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS or FACT 1. THE BUSINESS OF THE COMPANY Cullen-Friestedt Co., an Illinois corporation , with its principal office at Chicago , Illinois , is engaged in the manufacture of cranes, welding positioners , and other related machinery. More than 50 percent of the raw materials used by the Company at its Chicago, Illinois ,_ plant con- sists of steel products shipped from points outside the State of Illi- nois. During 1942 the Company sold manufactured products of the value of $1,008,000, of which approximately 75 percent was shipped from the plant to points outside the State of Illinois. The Company's. entire production is demoted to war work. The Company admits that it is engaged in commerce 'within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Congress of Industrial Organizations is a labor organization ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTiATION The parties stipulated at the hearing that on or about December 28, 1942, a committee representing the employees of the Company requested recognition on behalf of the Union and the Company refused unless and until the Union is duly certified as sole bargaining agency by the Board. A statement of the Regional Director, introduced iii evidence at the hearing, 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 National Labor Relations Act. ' IV. THE APPROPRIATE UNIT We find, in accordance with the stipulation of the parties, that all production and maintenance employees of the Company at its Chicago, Illinois, plant, excluding all office and clerical employees, supervisory employees having the right to hire and discharge, guards, draftsmen, and engineers, constitute a unit appropriate for the purposes of collec- tive bargaining within the meaning of Section 9 (b) of the Act. i The Regional Director reported that the Union had submitted 50 designations , of which 37, all bearing apparently genuine signatures , correspond iNith names on the Company's pay roll of January 23, 1943, containing a total of 67 names within the appropriate unit. CULLEN-FRIESTEDT CO. V. THE DETERMINATION OF REPRESENTATIVES 417 We shall direct that the question concerning representation which leas arisen be resolved by an election by secret-ballot among the em- ployees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of our Direction of Election, .subject to the limitations and additions set forth-iii 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 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Cullen-Friestedt -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 of Election, under the direction and su`liervislon 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 10, of said Rules and Regulations, among all employees of the Company ill 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 dur- ing said pay-roll period because they were ill or on vacation or tempor- arily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but ex- ,;'_uding any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Congress of Industrial Organizations for the purposes of collective bargaining. 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