General Time Instruments Corp.

In the Matter of WESTCLOX DIVISION, GENERAL TIME INSTRUIVIENTR CORPORATION and WESTCIAX WORKERS' LOCAL UNION No. 12573, DISTRICT -50, UNITED MINE WORKERS OF AMERICA Case No. R=4789.Decided February 10, 1943 Jurisdiction : clock manufacturing industry. Investigation and Certification of Representatives : existence of question : re- fusal to grant recognition; election necessary. Units Appropriate for Collective Bargaining : all guards, excluding supervisory employees, held an appropriate unit; single or separate units held dependent upon elections to be conducted among (1) all toolroom employees, excluding clerical and supervisory employees, and (2) all remaining employees of com- pany, with specified inclusions and exclusions. • Gallagher, Rinaker, Wilkinson cf Hall, by Mr. Arthur R. Hall, of Chicago, Ill., for the Company, Mr. Joseph Marchesi, of La Salle, Ill., and Mr. John White, of Peoria, Ill., for District 50. Mr. J., W. Ramsey and Mr. Gilbert E. Brunner, of Chicago, Ill., for the I. A. M. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petition and amended petition duly filed by Westclox Work- ers' Local Union No. 12573, District 50, United Mine Workers of America, herein called District 50, alleging that a question affecting commerce had arisen concerning the representation of employees of Westclox Division, General Time Instruments Corporation, Peru,. Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Martin Wagner, Trial Examiner. Said hearing was held at Peru, Illinois, on January 22, 1943. At the commencement of the hear- ing the Trial Examiner granted a motion of International Associa- tion of Machinists, Lodge 1629, A. F. of L., herein called the I. A. M., 47 N. L. R. B., No. 57. 418 WESTCLOX DIVISION 419 to intervene. The Company, District 50, and the I. A. Al. appeared, participated, and were afforded full opportunity 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 prejudical error and are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY General Time Instruments Corporation is a Delaware corporation with its principal office at New York City. We are here concerned with its plant at Peru, Illinois, known as the Westclox Division. During the last 6 months of 1942 the Company purchased raw materials for use at its Westclox Division valued at about $1,200,000, approximately 75 percent of which vas shipped to it from points outside the State of Illinois. During the same period the Company produced finished products at its Westclox Division valued at about $4,800,000, approximately 91 percent of which was shipped to points outside the State of Illinois. The Company admits that its Westclox Division is engaged in commerce within the meaning of the National Labor Relations Act. 11. THE ORGANIZATIONS INVOLVED Westelox Workers' Local Union No. 12573, District 50, United Mine Workers of America, is a labor organization admitting to mem- bership employees of the Company. International Association of Machinists, Lodge 1629, is a labor organization affiliated with the American Federation of Labor, admit- ting to membership employees of the Company. ILI. THE QUESTION CONCERNING REPRESENTATION During the latter part of 1942, District 50, claiming to represent a majority of the Company's employees, requested the Company to, recognize it as the exclusive representative of the employees. The Company refused this request. On December 15, 1942; the I. A. M. requested the Company to recognize it as the exclusive representative of certain of the'Compauy's employees. The company did not reply to this request. Statements of the Regional Director and the Trial Examiner, intro- duced into evidence at the hearing, indicate that District 50 and the 420 DECISIONS OF NATIONAL LABOR RELATIONS BOARD I. A. Al. each represents a substantial number of employees in the unit alleged by each to be appropriate? lire 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 Act. IV. THE APPROPRIATE UNITS District 50 contends that all employees at the Westclox Division of the Company, excluding executives, the superintendent, assistant superintendent, foremen, assistent foremen, office employees, clerical employees, engineering department employees, medical department employees, laboratory research employees, technicians, and cafeteria employees, constitute an appropriate bargaining unit. The I. A. Al. urges that a separate unit of all toolroom employees, excluding clerical and supervisory employees, is appropriate. The Company takes no position with respect to the unit or units. The employees claimed by the I. A. M. work in a department sep- arated from the other employees and many are skilled employees requiring an apprenticeship. Except in rare instances there is no interchange of personnel between the toolroom and other depart- ments of the Company. Evidence was introduced to show the highly integrated character of the plant and the appropriateness of an industrial unit including employees claimed by the I. A. M. There has been no history of bargaining at -the Westclox Division of the company either on a craft or an industrial basis. We are of the opinion, therefore, that the toolroom employees might properly con- stitute a separate bargaining unit or that they might function as a single industrial unit. An election will be held among all toolroom• employees, excluding clerical and supervisory employees, to deter- mine whether they wish to be represented by the I. A. M., or, by Dis- trict 50, for the purposes of collective bargaining, or by neither. On the results of this election will depend the scope of the appropri- ate unit. If these employees select a bargaining representative other than the representative selected by the employees in the plant-wide industrial unit, they will constitute a separate aiid distinct appropri- ate-unit. If they choose the same, representative as the employees i The Regional Director and the Trial Examiner reported that District 50 Presented 963 membership application cards bearing apparently genuine signatures, and that a spot- check of these cards indicated that 7 92 would beat the names of persons whose names appear on the Company's pay roll of December 26, 1942 There aie 1,900 employees in the unit urged by District 50. The Regional Director reported that the I. A. M. presented 162 authoi ration cards bearing apparently genuine signatures of parsons whose navies appear on the Company's pay ioll of December 26, 1942 There are 192 employees in the unit urged by the I. A, Al WESTCLOX DIVISION .421 in the plant-wide industrial unit they will be merged into a single unit with such employees. District 50 urges that all guards employed by the Company be included in the industrial unit. The record indicates that the guards are armed and uniformed, and have been sworn in as auxiliary mili- tary police. District 50 stated that in the event the Board found that guards should not be included in the production unit it desires that they be set up as a separate unit. Under the circumstances we find that the guards should not be included in the unit with production and maintenance employees. However, we find that guards constitute a separate unit appropriate for collective bargaining purposes.2 District 50 urges that shift supervisors be excluded from the unit. The Company contends that such employees should be /included. The shift supervisors work on various night shifts 3 out of every 4 weeks and are the highest supervisory officials present in the pro- duction departments at those times. The fourth week they work as ordinary production employees. Inasmuch as such employees spend a great deal of their time performing supervisory functions, we shall exclude them from the unit. We find that all employees at the Westclox Division of the Coln-' pany, excluding executives, the superintendent, assistant superin- tendent, foremen, assistant foremen, shift supervisors, office employ- ees, clerical employees, engineering department employees, medical department employees, laboratory research employees, technicians, cafeteria. employees, and guards, may properly constitute a unit ap- propriate for' the purposes of collective bargaining. As indicated above, toolroom employees may or may not be included within such unit depending on the results of an election which we shall order. 'We shall, therefore, make no final determination of the appropriate unit or units, with the exception of the guards unit, pending the election to be conducted among the toolroom employees. We find that all guards at the Westclox Division of the Company, excluding supervisory employees, constitute a, unit appropriate for the purposes of collective bargaining, within the meaning of Sec- tion 9 (b) of the Act. V. TIIE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation can best be resolved by means of elections by secret ballot. The I. A. M. seeks to be certified as the exclusive bargaining repre- sentative of the employees in the toolroom on the basis of the record. 2 The Regional Director and the Ti ial Examiner repotted that 10 guards whose names appear on the Company's pay loll of. December 26, 1942, have signed authorization' cards for the Union There are 25 guards on that pay roll. 422 DECDSIONS OF NATIONAL LABOR R ELATIONS BOARtD The Company objected to the certification of the I. A. M. without an election. Under these circumstances we believe that the question with respect to the toolroom employees can best be resolved by an election.3 We shall direct that the employees eligible to vote shall be those employees who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject to the limitations and additions set forth in the Direction. We find, in accordance *ith a stipulation of the parties, that all persons carried on, the Company's pay roll of January- 20, 1943, as laid-off employees shall be eligible to vote. DIRECTION OF ELECTIONS 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 Rela- tions 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 Westclox Division, General Time Instruments Corporation, Peru, Illinois, elections by secret ballot shall be conducted as early as pos- sible, but not later than thirty (30) days from the date of this Direc- tion, under the direction and supervision of the Regional Director for the Thirteenth Region, acting in this matter as agent for the Na- tional Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, among (1) All toolroom employees at the Westclox Division of the Com- pany 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 vaca- tion or temporarily laid off, and including employees in- the- armed forces of the United States who present themselves in person at the polls, and persons carried on the Company's pay roll of January 20, 1943, as laid-off employees, but excluding clerical and supervisory employees and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Inter- national Association of Machinists, Lodge 1629, affiliated with the American Federation of Labor, or by Westclox Workers' Local Union No. 12573, District 50, United Mine Workers of America, for the pur- poses of collective bargaining, or by neither. (2) All employees at the Westclox Division of the Company who were employed during the pay-roll period immediately preceding the 8 See Matter of Armour d Company and United Packinghouse Workers, Local Industrial Union No . 13 of Packinghouse Workers Organizing Committee, affiliated with the C. I. 0., ,13 N. L R . B. 567. WESTOLOX DIVISION 423 -date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or tempo- rarily laid off, and including erriployees iii the armed forces of the United States who present themselves in person at the polls, and persons carried on the Company's pay roll of January 20, 1943, as laid-off employees, but excluding executives, the superintendent, as- sistant superintendent, foremen, assistant foremen, shift supervisors, office employees, clerical employees, engineering department em- ployees, medical department employees, laboratory research employees, technicians, cafeteria employees, toolroom employees," guards, and employees who have since quit or been discharged for cause, to de- termine whether or not they desire to be represented by Westclox Workers' Local Union No. 12573, District 50, United Mine Workers of America, for the purposes of collective bargaining. - (3) All guards at the Westclox Division of the Company 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 Staten who present themselves in person at the polls, and persons carried on the Company's pay roll of January 20, 1943, as laid-off employees, but excluding supervisory employees and em- ployees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Westclox Workers' Local Union No. 12573, District 50, United Mine Workers of America, for the purposes of collective bargaining. a