United Autographic Register Co.

In the Matter Of UNITED AUTOGRAPHIC REGISTER Co. and INTERNA-, TIONAL ASSOCIATION OF MACHINISTS . DISTRICT # 8, A. F. OF L. Case No. 13-R-2397.-Decided Jubj,18, 1944 Messrs. Andrew J. Dallstream and Thomas E. Kiddoo, of Chicago, Ill., for f he Company. Messr& P. L. Siemiller and Russell R. Oddo, of Chicago, Ill., for the Union. Mr. Joseph E. Gubbins, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by International Association of Machinists, District #8, affiliated with the A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of United Autographic Register Co., Chicago, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before'George S. Freudenthal, Trial Examiner. Said hearing was held at Chicago, Illinois, on June 16, 1944. 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. During the hearing the Company moved that the petition be dismissed on the ground that it was denied an opportunity to examine the evidence of representation, submitted by the Union. The motion is hereby denied.' The Trial Examiner's iulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded an opportunity to, file, briefs with the Board. Upon the entire record in the case, the Board makes the following,: 1 See Matter of Interstate Iron Corporation, 38 N. L. R. B. 139. 57 N. L. R. B., No. 80. 418 UNITED AUTOGRAPHIC REGISTER CO. 419 'FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY United Autographic Register Co., an Illinois corporation, is, en- gaged in the manufacture and sale of continuous forms for use in office machines,' and the distribution and sale of automatic register machines and adapter devices. The Company operates several plants in the United States, including a plant located at Chicago, Illinois, 'which is solely involved herein. During the year 1943, the Company purchased raw materials for use at its Chicago plant exceeding $100,000 in value, approximately 80 percent of which was shipped from points outside the State of Illinois. During the same period, the value of the products finished at the Chicago plant exceeded $1,000,000, approx- imately 80 percent of which was 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. , II. THE ORGANIZATION INVOLVED International Association of Machinists, District #8, is, a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. 111. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive bar- gaining representative of certain of its employees unless and until the Union is certified by the Board. A statement prepared by a Field Examiner, introduced into evidence at the,hearing, indicates that the Union represents a substantial num-, ber of employees in the unit hereinafter found to be appropriate.2 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 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Union is seeking a unit comprised of all employees in the machine shop and register and device department of the Company's Chicago plant, excluding office, clerical, and supervisory employees. Although the Company is of the opinion that the employees of the machine shop and those engaged in the register. and device depart- 2 The Field Examiner's report shows that the Union submitted 12 application cards bear- ing names of persons whose names are listed on a recently dated pay roll of the company.' There are approximately 34 employees in the unit alleged by the Union to be appropriate. 420 DECISIONS OF NATIONAL, LABOR RELATIONS BOARD, ment might constitute two separate units, it does not, however, take any definite position with respect to whether or not a single unit comprised.of employees in both the machine shop and register.and device department' would be appropriate. The Company is primarily engaged in the printing business. It distributes and sells machines and adapter devices for the purpose of providing a market for its printed products. Approximately 450 employees of the Company are engaged in production and maintenance work, 34 of whom are in the machine shop and register and device, de- partment. As the result of a consent election held on March 21, 1944, the production and maintenance employees of the. press department are represented by two locals affiliated with the International Printing Pressmen & Assistants' Union of North America, A. F. of L. No other group of the Company's employees is represented for the pur- poses of collective bargaining. It appears that the Union has limited, its attempts to organize the Company's employees to those employed in the machine shop and register and device department. The machine, shop and the register and device department are situ- ated adjacent to each other.and-each is under the supervision of its own forenuin. The machine shop employees are engaged in the repair and maintenance of plant machinery, exclusive of the press department machinery,-' and, in addition, 'they make parts for adapter devices. The employees of the register and device department inspect and test new machines and devices, and repair machines and devices which are returned to the Company by various customers. They also assemble the parts made by the machine shop for adapter devices. There is an inappreciable amount of interchange of employees between the depart- ments involved and other departments of the Company. While the Company claims that its organization is divided into two divisions and that the proposed unit cuts across divisional lines inasmuch as the machine shop is in one division and the register and device depart- ment is in the other, its general manager testified to the effect that its organizational structure was established purely for accounting and sales purposes. Since it appears that the machine shop and register and device department are functionally well-defined, that the em- ployees therein are engaged in operations which are not performed in the Company's other departments, that the skills required of them differ from those required of employees engaged elsewhere in the company's operations, and that the Union has confined its organiza- tional activities to them; we are of the opinion that the employees in the two departments may function as a single bargaining unit. - 3 The record shows that the Company employs 4 machinists, whom the Union does not seek to represent for jurisdictional reasons. UNITED AUTOGRAPHIC REGISTER CO. 421 We find, therefore, that all employees in the machine shop and regis- ter and device department of the Company's Chicago plant, excluding office and clerical employees, and all supervisory employees with au- thority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such ac- tion, constitute a unit appropriate for the purposes of collective bar- gaining, 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 3, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with United Auto- graphic Register Co., Chicago, 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, Sections 10 and 11, 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 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 States who present themselves in person at the polls, but excluding any who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by International Associa- tion of Machinists, District #8, A. F. of L., for the purposes of collective bargaining.'