Charles H. Besly & Co.

In-the Matter of CHARLES H. BESLY & COMPANY and UNITED STEEL- WORKERS OF AMERICA, CIO Case No. R-4997.-Decided A pril 8,1943 0 Jurisdiction : machine and tool manufacturing industry. Investigation and. Certification of Representatives : existence of question: re- fusal to accord recognition to either of competing organizations until certified by-the Board ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees at one of the company's plants, including shop-clerical employees, work- ing foremen, group leaders, apprentices and inspectors, but excluding super- visory employees, engineers, office employees, and watchmen-guards. Sidley, McPherson, Austin cf Burgess, of Chicago, Ill., by Mr. H. P. Robinson, and Mr. Kenyon Y. Taylor, of Beloit, Wis., for the Company. Mr. W. A. Sonnemann, of Milwaukee, Wis., and Mr. W. 0. Parker, of Beloit, Wis., for the CIO. Mr. C. H. Guice, of Rockford, Ill., and Mr. Emil G. Rai&, of Free- port, Ill., for the A. F. L. Mr. Glenn L. Moller, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Steelworkers of America, CIO, herein called the CIO, alleging that a question affecting commerce had arisen concerning the representation of employees of Charles H. Besly & Company, Beloit, Wisconsin, herein called the Company, the Na- tional Labor Relations Board provided for an appropriate hearing upon due notice before Clarence A. Meter, Trial Examiner. Said hearing was held at Beloit, Wisconsin, on March 12, 1943. The Com- pany, the CIO, and District 101, International Association of Machin- ists, A. F. L., herein called the A. F. L., 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 prej- udicial error and are hereby affirmed. 48 N. L. R. B., No. 121. 1020 CHARLES H. BESLY & COMPANY 1021 Upon the'entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Charles H. Besly & Company is an Illinois corporation with its principal offices in Chicago, Illinois. The Company operates a plant at Beloit, Wisconsin, at which it manufactures grinding machines and cutting tools, most of which are purchased and used by customers of the Company in the production of materials and supplies for the United States Government. During the year 1942, 75 percent of the raw materials and supplies used at the Beloit plant was shipped to said plant from points outside the State of Wisconsin. During the same period, approximately 85 percent of the products of the plant was shipped therefrom to points outside the State of Wisconsin. I The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Steelworkers of America, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to mem- bership employees of the Company. District 101, International Association of Machinists, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On February 10 and 15, respectively, the A. F. L. and C. I. O. each requested the Company to accord it recognition as the exclusive bar- gaining representative of certain of the Company's employees. The Company refused to recognize either organization until there has been a certification by the Board. A statement of the Regional Director, introduced into evidence at the hearing, indicates that both the A. F. L. and the C. I. O. represent substantial numbers 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 (G) and (7) of the Act. 1 The Regional Director reported that the CIO submitted 150 membership cards, 149 of which bore the apparently genuine signatures of persons in the appropriate unit whose names appear on the Company 's pay roll of March 1, 1943 . The A. F L. submitted 45 authorization cards, all of which' bore the apparently genuine signatures of persons in the appropriate unit, whose names appear on the Company 's pay, roll of March 1 , 1943. There are approximately 260 employees in the appropriate unit. 1022 DECISIONS OF NATIONAL LABOR RELATIONiS BOARD IV. THE APPROPRIATE UNIT The 'parties stipulated that all production and maintenance em- ployees including shop-clerical employees, working foremen, group leaders, apprentices, and inspectors should be included in the appropri- ate unit, and that supervisory employees should be excluded.2 They were in disagreement, however, as to several other categories of em- ployees. The A. F. L. would include in the unit, office employees, engineers, and watchmen-guards. The C. I. O. would exclude these groups. The Company took no position as to the appropriate unit except that it would exclude four confidential office employees from whatever unit or units the Board might find appropriate. The office employees whom the C. I. O. would exclude from and the A. F. L. would include in the unit are about 32 in number. They con- sist of clerks, timekeepers, bookkeepers, stenographers, and several supervisory employees. Some of them work apart from the principal office, but this is due to lack of adequate space in the office rather than to difference in functions. Office employees are paid on an hourly basis, as are production employees. When inventories are taken, production employees assist'in the operation. We are not, however, persuaded that these facts are sufficient to overcome the essential and inherent differences of interest and function between office and production employees." Accordingly, we shall exclude the office employees from the unit. P ' At the hearing a question arose as to whether shop timekeepers should be classed with the shop-clerical employees, upon whose in- clusion in the unit all parties are agreed, or whether they should be classified as office employees. Since the shop timekeepers work under the direct supervision of the chief timekeeper in the office and the C. I. O. conceded that they might logically be so classified, we find that they should be considered as office employees and are, therefore, excluded from the unit. The engineers are located in a separate room and are supervised by the chief engineer of the machine tool division. They are; primarily machine tool designers, planning and drafting blueprints for machin- ery ordered by customers. After they have completed the blueprints, they follow their plans through the plant as the machinery is fabri- cated, constantly checking to insure that the work conforms to the ,plans. If necessary, the engineers may instruct and demonstrate to the 2It was stipulated that the term "sup'ervisory employees" includes the superintendent, works manager, comptroller , chief foreman , foremen with power to hire and discharge, chief engineer of the machine tool division , and chief engineer of the small tool division. -Matter of American Propeller Corporation , Toledo, Ohio, and International Union, United Automobile, Aircraft and Agricultural Implement Workers of America ( C. I. 0.), Toledo, Ohio , 43 N L It . B. 518. CHARLES H. BESLY & COMPANY I 1023 production employees how to obtain the results required. We find that the engineers are professional, technical employees whose interests are different from those of the production employees. Accordingly,, we shall exclude them from the unit. The watchmen-guards are armed plant-protection employees, sworn in as auxiliary military police. They are subject to the Articles of War. It is our established policy to exclude military guards from units of production employees.4 The. fact that these guards spend varying proportions of their time in grounds maintenance work does not alter our view of the matter. We shall, therefore, exclude the watchmen-guards from the appropriate unit. We find that all production and maintenance employees at the Com- - pany's Beloit, Wisconsin, plant, 'including shop-clerical employees, working foremen, group leaders, apprentices and inspectors, but ex- cluding supervisory employees, engineers, office employees and watch- men-guards, constitute a unit appropriate .for the purposes of collec- tive 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 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 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 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 Charles H. Besly & Company, Beloit, WWWisconsin, 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 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 4 Matter of U. S. Electrical Motors, Inc. and United Electrical, Radio & Machine Workers of America, Local 1421, CIO, 45 N. L R B. 298. 1024 ' DECISIONS OF NATIONAL LABOiR RELATIONS BOARD 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 employees in the armed forces of the United States who present themselves in person at the polls, but ex- .eluding those employees who have since quit or been discharged for cause, to determine whether they desire to be represented by 'United Steelworkers of America, affiliated with the Congress of Industrial Organizations, or by District'101, International Association of Ma-' ,chinists, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither.