Metal Specialties Manufacturing Co.

In the Matter of METAL SPECIALTIES MANUFACTURING Co. and INTER- NATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, CIO Case No. R-41947.-Decided March 15, 1943 Jurisdiction : metal specialties manufacturing industry. Investigation and Certification of Representatives : existence of question. refusal to recognize the union until certified by the Board ; election necessary. Unit Appropriate ,for Collective Bargaining : production and maintenance em- ployees with specified inclusion and exclusion ; watchmen included over com- pany's objection when, among other reasons, they were not deputized ; foremen found to exercise supervisory authority excluded over union's objection. Pope & Ballard, by Mr. Henry E. Seyf o9 th, of Chicago, Ill., for the Company. Meyers cC Meyers, by Mr. Bea Meyers, of Chicago, Ill., for the Union. Mr. Louis Cokin., of counsel to the Board. DECISION - AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Union, United Automo- bile, Aircraft & Agricultural Implement Workers of America, CIO, herein called the Union, alleging that a question affecting cominerce had arisen concerning the representation of employees of Metal Spe- cialties Manufacturing Co., Chicago, Illinois, herein called the Com- pany, the National Labor Relations Board provided for an appro- priate hearing upon due notice before William W. Ward, Jr., Trial Examiner. Said hearing was held at Chicago, Illinois, on February 26; 1943. The Company and the Union 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 prejudicial error and are hereby affirmed. 48 N. L. R. B., No. 11. - 50 METAL SPECIALTIES MANUFACTURING COMPANY 51, Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Metal Specialties Manufacturing Co. is an Illinois corporation with its principal place of business at Chicago; Illinois, where it is engaged in the manufacture of metal specialties. During 1942 the Company purchased raw materials valued at about $500,000, approximately 80 percent of which was shipped to it from points outside the State of Illinois. During the same period the Company manufactured prod- ucts valued at about $1,400,000, approximately 90 percent of which was shipped to points outside the State of Illinois. The Company admits, for the purposes of this proceeding, that .it is engaged in commerce within the meaning of thg National Labor Relations Act. rY. THE ORGANIZATION INVOLVED ' International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The' Company refuses to recognize the Union as the exclusive representative of its employees until such time as the Union is certified by the Board. A statement of the Regional Director, introduced into evidence during the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found to be appropriate.1 We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Union contends that all production and maintenance em- ployees of the Company, including watchmen, but excluding super- visory employees, foremen, and office and clerical employees, con- 1 The Regional Director reported that the Union presented 84 authorization cards bearing apparently genuine signatures of `persons whose naives appear on the January 31, 1943, pay roll of the Company. There ate approximately 107 employees in the ap- propriate unit. 521247-43-vol. 48-5 52 DECISIONS OF NATIONAL LABOR RELATIONS BOARD stitute an appropriate unit. The only controversy with respect to the unit concerns watchmen and four named employees. The Company employs three watchmen . The Company urges that they be excluded from the unit and the Union that they be included. The watchmen work only in the plant , take care of the furnace, and occasionally perform janitorial services . They are not deputized or uniformed and do not carry firearms . The Company has a contract with an outside protection agency which furnishes deputized guards who perform specialized duties for the Company. We shall include the watchmen in the unit, since they are primarily maintenance employees with no special duties warranting excluding' them. • Youngberg, White, Ladwig, and Apel are classified by the Com-' pany as foremen . The Company requests that they be excluded from the unit and the Union urges that they be included . Each of these employees has from 4' to 10 subordinates and'exercises the right to recommend the hire, discharge , and discipline of his subordinates. We find that Youngberg, White, Ladwig, and,Apel are, foremen and we shall therefore exclude them from the unit. We find that all production and maintenance employees of the Company, including watchmen, but excluding supervisory em- ployees, all foremen, and office and clerical employees , constitute a unit appropriate for' the purposes of collective bargaining , within the meaning of Section 9 (b) of -the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by means of an election by secret ballot among the employees 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. 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 Re- lations 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 repre- sentatives for, the purposes of collective bargaining, with Metal Specialties Manufacturing Co., Chicago, Illinois; an election by secret ballot shall be conducted as early as possible, but not later than METAL SPECIALTIES MANUFACTURING CO. 53 thirty (30) days from the date of this Direction, under the direc tion 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 10, of said Rules and Regulations, among the•employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including any such employees who did not work during said pay-roll period be- cause they were ill or on vacation or temporarily laid off, and in- cluding employees in the armed forces of the United States'who pre- sent themselves in person at the polls, but excluding any who have since quit or been discharged for. cause, to determine whether or not they desire to be represented by International Union, United Auto- mobile, Aircraft & Agricultural Implement Workers of America, affiliated with the Congress of Industrial Organizations, for the pur- poses of collective bargaining.