Electric Household Utilities Corp.

In the Matter of HURLEY MACHINE DIVISION OF ELECTRIC HOUSEHOLD UTILITIES CORPORATION and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA Case No. R- 4935.Decided March 19,19V. Jurisdiction : ordnance manufacturing industry. Investigation and Certification of Representatives : existence of question: com- pany refused to accord petitioner recognition and sii'ggested that the,matter be referred to the Board; contract granting rival union exclusive recognition dnd maintenance 'of membership entered into after filing of petition and not, asserted as a bar by, the contracting union, held no bar: election necessary. Units Appropriate for Collective Bargaining : (1) all employees with specified, exclusions; and (2) watchmen and guards, who were excluded from the in- dustrial unit although one of the organizations involved desired their inclu- sion, and were found, under the circumstances, to be appropriately combined in a single unit. dlr. Benjamin J. Krywick, of Cicero, Ill., for the Company. Messrs. Ernest DeMaio and living Krane, of Chicago, Ill., for the U.E. Lofton ,& Gleason, by Mr. Joseph B. Lofton, of Chicago, Ill., for the Independent. Mr. Robert 8ilagi, of counsel to the'Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition and an amended petition, duly filed by United Electrical, Radio & Machine Workers of America, herein called the U. E., alleging that a question affecting connnerce had arisen con- cerning the representation of employees of Hurley Machine Division of Electric Household Utilities Corporation, Cicero, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before David Karasick, Trial Examiner. Said hearing was held at Chicago, Illinois, on February 22 and 23, 1943. The Company, the U. E., and Thor Workers' Inde- pendent Union, herein called the Independent, appeared, participated, and were afforded full opportunity'to be heard, to examine and cross- 48 N. 'L. R B, No. 41 295 296 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Hurley Machine Division of Electric Household Utilities Corpo- ration is an Illinois corporation. . The Hurley Machine. Division, located in Cicero, Illinois, the only plant herein involved, is one of three plants owned and operated by Electric Household Utilities Corporation. The other two plants are located in Bloomington, Illi- nois, and Toronto, Ontario, Canada. Prior to the war, the Company engaged in the manufacture of washing machines. The Company is now engaged entirely in the manufacture of war materials. During 1942, the Company purchased for use at ith Cicero plant, raw materials valued at approximately $4,500,000, about 65 percent of which was shipped to said plant from points outside the State of Illinois. Dur- ing the same period, the Company manufactured at its Cicero plant products valued at approximately $16,000,000, about 92 percent of which was shipped from said. plant to points outside the State of Illinois. We find that the Company is engaged in commerce within the meaning of the National Labor Relations Act. It. THE ORGANIZATIONS INVOLVED United Electrical, Radio & Machine Workers of America, affiliated with the Congress of Industrial Organizations, is a labor organiza tion, admitting to membership employees of the Company. .Thor Workers' Independent Union is an unaffiliated labor organi- zation, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION Annually since 1937, the Company and the Independent have exe- cuted members-only contracts, the most recent of which expired on September 17, 1942. On August 28, 1942, the U. E. notified the com- pany that it represented a substantial number of the employees at the Cicero plant, and requested recognition as their bargaining repre- sentative. About 6 weeks later, by telephone and by letter, the U. E. 1 Following the hearing, the parties entered into a stipulation t6 correct certain errors in the transcript. Said stipulation is hereby approved and the stipulated corrections are hereby ordered to be made in the official transcript. HURLEY MACHINE DIVISION 297 informed the Company that it represented a majority of the foundry employees at the Cicero plant and requested collective bargaining rights for them. At the same time, it also informed the Company that it represented a majority of all employees at the Cicero plant, and requested the Company not to renew its contract with the Independ- ent. The Company asked for more time to consider the Union's re- quest, and suggested that the platter be referred to the Board. On October 7, 1942, the U. E. filed a petition for an investigation and certification of representatives and on November 9, 1942, filed its amended petititon herein. Meanwhile, the Independent requested a renewal of its contract with the Company and on November 24, 1942, the Company signed a new agreement with the Independent, granting it exclusive recog- nition and maintenance of membership. This contract was made retroactive to September 17, 1942, and provided that it should remain in effect for 1 year. The Independent does not assert the contract as a bar and-we find that it does-not preclude a present determination of representatives.2 A report prepared by the Regional Director and introduced into evidence at the Hearing, and a statement made on the record by the Trial Examiner, indicate that both the U. E. and the Independent represent a substantial number of employees in the units hereinafter found appropriate .3 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. z_See Matter of General Cable Corporation and United Rubber Workers of Aine,ica, Local Union 208, 33 N L. R. B 328 3 The Regional Director reported that the U E submitted 747 cards that 526 cards bore apparently genuine signatures and were the names of persons listed on the Company's pav roll of November 30, 1942, which contained 1.773 persons in the appropriate unit, that 470 cards were dated between February 1942 and January 1943, and that 56 cards were either undated or dated prior to 1942 The Trial Examiner conducted a spot check of 389 names appearingiamong the names of 1,789 persons listed as members of the Independent according to the records of its financial secretary The results showed that 267 out of the 389 names checked, appeared on the Company's pav roll of November 30, 1942 It also appeared that 1,180 employees on the pay roll of that date had paid dues to the Independent during the last -5 months of 1942 In addition, the Independent relies upon its contract with the Ccmpanyasevidencecf its membership - A statement of the Trial Examiner concerning representation in certain contested job classifications may be summarized as follows Classification Number of employees U E des- Independ- cut desig- Duplt- in classifi- ignation3 nations sated cation Timekeepers - ---------------------------- ------- 23 6- 23 4 Timecheckers (counters and parts checkers) ------ 59 14 23 8 watchmen--------------------------------------- 17 1 15 1 Guards ------ ------------------------ 9 0 9 0 Clerks in production and planning , inspection and engineering departments------------------- 9 0 0 0 298 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE APPROPRIATE UNITS The parties are agreed that a unit consisting of all employees of the Company excluding office clerical employees, supervisory ein-, ployees,4 draftsmen, engineers, production planners, inspection engi- neers, the cafeteria manager, and outside truck drivers, is appro- priate. There is disagreement, however, with respect to plant clerical employees and watchmen and guards. The Independent seeks to in- 'clude, and the Company and the U. E. to exclude, these employees. Plant clerical employees-This classification includes timekeepers, timecheckers (also referred to as counters and parts checkers), and general clerks in the production and planning department, engineer: ing department, and inspection department. The timekeepers record the,time consumed for each production job. Seven of these employees, of whom there are 23, work in the Com- pany's general office, the remainder work in various departments throughout the plant. General office timekeepers check the records, of the plant timekeepers and also records of persons who work in the general office. All timekeepers ,are, responsible to the head of the timekeeping and pay-roll departments. In addition, general office timekeepers substitute on occasion for plant timekeepers.'. The timecheckers work in various departments of the plant. They .check the quantity of work actually produced against production records. Like the timekeepers, they are responsible, to the same head of the timekeeping. and pay-roll departments. The clerks in the,production and planning department maintain production records. The clerks in the engineering' department keep records on blueprints and tools, and the clerks in the inspection de- partment keep records of scrap and parts inspected and rejected. The Company considers each of these departments to be a part of its general office rather than part of its production force. - Although the Independent claims that plant clerical employees have always been covered by the Company's contracts with- the In- dependent, the Company contends that there has always been a con- flict as to their exact status under the contracts and requests their exclusion. In view of these facts, and because these employees per- form clerical duties as distinguished from production work and are under the jurisdiction of general office supervisors rather than pro- duction supervisors, we shall exclude them from the appropriate unit. Watchmen and guards-The Company employs 17 watchmen and 9 guards., The guards are uniformed, armed, have taken a military 4 The parties agree that the term "supervisory employees" includes the following classifications ' project managers , department heads, foremen, assistant foremen, supervisors, inspection engineers in the gauge' and tool inspection department , and the chief inspector. HURLEY MACHINE DIVISION 299 oath, and are organized along military lines. They patrol definite areas in the plant and check upon all individuals entering or leaving these areas. The watchmen are armed but not uniformed and are not auxiliary- military police nor organized along military lines. They patrol the entire plant, making rounds, punching clocks and observing condi- tions generally. The watchmen are usually older men and generally do not measure up-to the physical requirements for the guards. Both guards and watchmen are supervised by the same plant-protection manager. Both are covered by the contract with the Independent. The Independent seeks to include watchmen and guards in the production and maintenance units. In the event, however, that the Board should exclude them from the larger unit, the Independent iiequests that watchmen and guards, or either of them, be established as a separate unit. In this respect, the U. E. states that it does not wish to participate in an election for guards alone, but that it does desire to participate in an election for a combined unit of watchmen and guards. We uniformly hold that plant=protection employees should not be included in a unit of production and maintenance em- ployees. No reason appears, however, for establishing separate units for watchmen and guards.5 Accordingly, we shall exclude watchmen and guards from the larger unit and establish a separate unit for them. We find that the following units are appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act : (1) All employees of the Company, excluding office clerical em- ployees, plant clerical employees, supervisory employees,6 draftsmen, engineers, production planners, inspection engineers, the cafeteria manager, outside truck drivers, and watchmen and guards; (2) All watchmen and guards, excluding supervisory employees. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by separate elections by secret ballot among the employees in the appropriate units 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. 5 See Matter of Automatic Products Company and International Union, United Automo- bile Workers of America, Local 736 (AFL), 40 N. L R B 941 6 See footnote 4. 300,- DECISIONS OF 'NATIONAL LABOR RELATIONS BOARD DIRECTION OF ELECTION S 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 to ascertain representa- tives for the purposes of collective bargaining with Hurley Machine Division of Electric Household Utilities Corporation, Cicero, Illinois, separate 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 the employees in the units 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 during said pay-roll period because 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 those employees who have since quit or been discharged for cause (1) to determine whether the employees in the production and maintenance unit de- sire to be represented by United Electrical, Radio & Machine Workers of America, C. I. 0., or by Thor Workers' Independent Union, for the purposes of collective bargaining, or by neither; and (2) to determine whether the employees in the watchmen and guard unit desire to be represented by United Electrical, Radio & Machine Workers of Amer- ica, C. I. 0., or by the Thor Workers' Independent Union, for the purposes of collective bargaining, or by neither. MR. JOHN M. HOUSTON took no part in the consideration of the above Decision and Direction of Election.