B. F. Sturtevant Co., Western Division Inc.

In the Matter of B. F. STURTEVANT COMPANY, WESTEIN DIVISION INC. and FEDERAL LABOR UNION , A. F. OF L. Ti the Matter of B. F: STURTEVANT COMPANY, WESTERN DIVISION INC. and DISTRICT 50, UNITED MINE WORKERS OF AMERICA Cases, Nos. RD792 and 5193, respectively.Decided May 10, 1943 Mr. F. llerlan,' of Chicago , Ill., and -Mr. Joseph M. Gibson, of La- Salle, Ill., for the Company. Mr. Joseph A. Briegel, of Chicago, Ill., for the A. F. of L. Mr. Joseph Marchesi, Mr. Neal Cella, and Mr. Norman Zens, of LaSalle, Ill., for District 50. Mr. Louis C, okin, of counsel to the Board. DECISION' AND DIRECTION' OF ELECTION STATEMENT OF THE CASE Upon separate petitions and amended petitions duly filed by Federal Labor Union, A. F. of L., herein called the A. F. of L., and District 50. United Mine Workers of America, herein called District 50, alleging that questions affecting commerce had arisen concerning the represen- tation of employees of B. F. Sturtevant Company, Western Division Inc., LaSalle, Illinois, herein called the Company, the National Labor, Relations Board consolidated the cases and provided for an appro- priate hearing upon due notice before Russell Packard, Trial Ex- aminer. Said hearing was held at Chicago, Illinois, on April 19, 1943. The Company, the A. F. of L., and District 50 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. Upon the entire, record in the case, the Board makes the following : 49 N. L. R. B., No. 97, 670 B. F. STURTEVANT COMPANY FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY 671 B. F. Sturtevant Company, Western Division, Inc., is a Massa- chusetts corporation operating a plant at LaSalle, Illinois, where it is engaged in the manufacture of fans, blowers, and allied equipment. The Company purchases raw materials valued in excess of $750,000 annually for use at its LaSalle plant, approximately 75 percent of which is shipped to it from points outside the State of Illinois. The Company manufactures products at its LaSalle plant valued in excess of $1,000,000 annually, approximately 65 percent of which is shipped to points outside the State of Illinois. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED Federal Labor Union is a labor organization affiliated. with the American Federation of Labor, admitting to membership employees of the Company. District 50, United Mine Workers of America is a labor organiza- tion, admitting to membership employees of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION On March 8 and April 5, 1943, respectively, District 50 and the A. F. of L. requested the Company for exclusive recognition. The Company refuses to recognize either District 50 or the A. F. of L. until such time as one or the other is certified by the Board. A statement of the Regional Director, introduced into evidence at the hearing, indicates that the A. F. of L. and District 50 each repre- sents a substantial number of employees in the unit hereinafter found to be appropriate.' We find that questions affecting commerce have arisen concern- ing the representation of employees of the Company, within the meaning of Section 9 (c) of Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The A. F. of L. urges that all employees at the LaSalle plant of the Company, including shift leaders, but excluding executives,, fore- 1 The Regional Director reported that the A. F. of L. presented 42 membership appli- cation cards bearing apparently genuine original signatures of persons whose names appear on the Company's pay roll of April 3, 1943. He further reported that District 50 presented 25 authorization cards bearing apparently genuine original signatures of per- sons whose names appear on the Company's pay roll of April 3, 1943. There are approxi- mately 65 employees in the appropriate unit. ' 672 DECISIONS OF NATIONAL LABOR RELATIONS BOARD men, production foremen, and office and clerical employees, constitute an appropriation unit. The only controversy with respect to the unit concerns shift leaders. The Company has five persons on its pay roll classified as shift leaders. The A. F. of L. and the Company urge that they be included in the unit and District 50 that they be excluded. The shift leaders spend between 70 and 90 percent of their time actually performing manual labor. They have no authority to recommend the hire or dis- charge of any employees but may merely recommend discipline. Under these circumstances we find that shift leaders should be in- cluded in the unit. We find that all employees at the LaSalle plant of the Company, including shift leaders, but excluding executives, foremen, produc- tion foremen, and office and clerical employees, constitute a unit ap- propriate for the purposes of collective bargaining, within the mean- ing of Section 9 (b) of the Act. V. TIIE DETERMINATION OF REPRESENTATIVES We shall direct that the questions concerning representation which have 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 therein. District 50, requests that it appear on the ballot as "Sturtevant Workers Local Union, District 50, United Mine Workers of America." The request is hereby granted. 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 Rela- tions 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 B. F. Sturtevant Company, Western Division- Inc., LaSalle, 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, 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 Regu- lations, among the employees in the unit found appropriate in Section TAT. above, who were employed during the pay-roll period immedi- B. F. STURTEVANT COMPANY 673 ately preceding the date of this Direction, including, any such 'em- ployees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including em- ployees in the armed forces of the United States who present them- selves in person at the polls, but excluding, any who have since quit or been discharged for cause, to determine whether they desire to, be represented by Federal Labor Union, A. F. of L., or by Sturtevant Workers Local Union, District 50, United Mine Workers of America. for the purposes of collective bargaining, or by neither.