Paragon Die Casting Co.

In the Matter Of PARAGON DIE CASTING COMPANY and,CASTING DIVISION OF THE INTERNATIONAL UNION, MINE] MILL AND SMELTER WORKERS, C. I. O. Case No. 13-R41166.-Decided July 1, 194.4 lllr. Otto A . Jaburek; of Chicago , Ill., for the Company. Mr. A. C. Skinner, of,Chicago , Ill., forthe C. 1. 0. Mr. M. F. Darling , of Chicago, Ill.,-for the A. F. L. Mr. Jack Mantel , of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Casting Division of the International Union, Mine, Mill and Smelter Workers, C. I. 0., herein called the C. I. 0., alleging that a question affecting commerce had arisen con- cerning the representation of employees of Paragon Die Casting Com- pany, Chicago, Illinois, herein called the Company, the National Labor Relations'Board provided for an appropriate hearing upon due notice before Gustaf B. Erickson, Trial Examiner. Said hearing was held at Chicago, Illinois, on June 13, 1944. During the hearing, the Trial Examiner granted a motion to intervene, filed by Local B-1031, Inter- national Brotherhood'of Electrical Workers, A. F. of L., herein called the A. F. L. The Company, the C. I. 0., and the A. F. L. appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues. The Trial Examiner's rulings 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 : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Paragon Die Casting Company, an Illinois corporation, has its sole plant and principal office in Chicago, Illinois, where it is engaged in the manufacture and sale of zinc and aluminum die castings. During 57 N. L R B., No 1. 601248-44-vol. 57-2 1 I 2 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the year ending February 1944, the Company purchased raw materials valued at $465,000, the major portion of which was shipped to its plant from points outside the State of Illinois. During the same period, the. total sales of finished products amounted in value to approximately $1,200,000; of these sales 60 percent represented shipments to points outside the State of Illinois. The Company admits, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. 11. THE ORGANIZATIONS INVOLVED Casting Division of the International Union, Mine, Mill and Smelter Workers, affiliated with the Congress of Industrial Organizations, is as labor organization admitting to membership employees of the Company. - I Local B-1031, International Brotherhood of Electrical Workers, affiliated with the American Federation of Labor, is a labor organiza- tion admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the C. I. O. as the exclusive bargaining representative of the employees of the Company, until the C. I. O. has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the C. I. O. represents a substantial number of em- ployees 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 (6) and (7) of the Act. 1V. THE APPROPRIATE UNIT We find in substantial accordance with the agreement of the C., I. O. and A. F. L.,2 that all production and maintenance employees, including working foremen 3 and watchmen, but excluding office and factory 'clerical' employees, engineering department employees, superintend- ents, and executives, and all other supervisory employees with authority i The Board agent reported that the C I 0 submitted 136 authorization cards, that the names of 151 persons appearing on the cards were listed on the Company's pay roll of June 3, 1944, which contained the names of 275 employees in the appropiiate unit, and that 117 cards were dated between April and May 1944, and that 39 vNere undated The Board agent further reported that the A F L submitted 40 authorization cards; that the names of 39 persons appearing on the cards were contained in the aforesaid pay loll ; and that 5 cards were dated May 1944, and that 35 were undated. i 2 The Company took no position with respect to the appropriate unit. 3 The record reveals that the working foremen have no supervisory authority within our customary definition. I PARAGON DIE CASTING COMPANY 3 to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively. recommend such action, consti- tute 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 ,th Direction. The A. F. L. requested that its name appear on the ballot as "A. F. of L.' This request is hereby denied, since. such desig- nation might be misleading to the voters. 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 3, it is hereby DIRECTED that, as part of the 'investigation to ascertain representa- tives for the purposes of collective bargaining with Paragon Die Cast- ing Company, 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 appropirate 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 iii person at the polls, but excluding-those employees who have since quit or been discharged for cause and have not been rehired or reinstated proir to the date of the election, to determine whether they desire to be represented by Casting Division of the International Union, Mine , Mill, and Smelter Workers, affiliated with the Congress of Industrial Organizations, or by Local B-1031 , International Brotherhood of Electrical Workers, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither.