Feltex Corp.

In the Matter of FELTEX CORPORATION and UNITED FARM EQUIPMENT AND METAL WORKERS OF AERICA, C. I. O. Case No. 13-R-26741.-Decided November 04,1911 Mr. E. Root, of Rock Island, Ill., for the 'Company. Meyers ct= Meyers, by Mr. Hart Baker, of,Chicago, Ill., and Miss Katherine Hall, of Rock Island, Ill., for the Union. Mr. Louis R. Mercado, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Farm Equipment and Metal Workers of America, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Feltex Corporation, Rock Island, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice-before Benjamin B. Sal- vaty, Trial Examiner. Said hearing was held at Rock Island, Illinois, on October 30, 1944. The Company and the Union appeared and participated. All parties 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 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 I. THE BUSINESS OF THE COMPANY The Company, a Michigan corporation licensed to do business in Illinois and several other States, operates a fiber container division, at Rock Island, Illinois, where it is engaged exclusively in the manu- facture of shell containers for the United States armed forces. The Company's monthly purchases of raw materials, consisting principally 59 N. L. R. B., No. 95. 1 468 FELTEX CORPORATION 469 of paper, glue, asphalt, and tin plate, is valued in excess of $150,000, of which approximately 80 percent is shipped to it from points outside the State of Illinois; it monthly delivers finished products, valued in excess of $250,000, of which approximately 50 percent is delivered 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 United Farm Equipment and Metal Workers of America, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refusetl to grant recognition to the Union as the exclusive bargaining representative of certain of its employees until the Union has been certified by the Board in an appropriate unit. Pursuant to a consent election which the Union won in March 1942, the Company and the Union executed a contract covering all the Com- pany's production and maintenance employees ; i said contract was sub- sequently renewed and is still in effect. A statement of a Field Examiner, introduced into evidence t, the hearing, indicates that the - nion represents a; substantial number of employees in the unit hereinafter found 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 UN IT The Union contends that all of the Company's employees classified as incoming material inspectors, line inspectors, lead inspectors, and salvage inspectors excluding supervisory employees, should be included in the unit of production, and maintenance employees, which are covered by the Union's contract with the Company. The Company contends that these employees should not be included `in the unit of I In the consent election agreement , the unit consisted of "all production and maintenance employees , excluding the production managers, shift superintendents , foremen , foreladies, assistant foremen, technicians , office and clerical employees , dispensary nurses and plant guards " At the time of the consent election , the Company did not employ any workers who were classified as inspectors 2 The Field Examiner reported that the Union submitted 13 cards, all of which bore apparently genuine original signatures ( 7 for salvage inspectors and 6 for other in- spectors ) ; that the names of all persons appearing on the cards were listed on the Com- pany's pay roll of October 5, 1944, which contained the names of 13 employees in the appropriate unit ; and that the cards were undated but were executed in the last week of September and the first week of October. 470 DECISIONS OF NATIONAL LABOR RELATIONS BOARD production and maintenance employees, but should be voted in two separate units : one comprising the salvage inspectors, and the other comprising the remaining inspectors. There are four assembly lines on the production floor, each line being similar in operation. The incoming inspectors' inspect the materials as they are received at the plant; the line inspectors 4 inspect the work along the production line; the lead inspectors 5 inspect the work on the production line and transmit instructions from the foreman to the other inspectors, but have no supervisory authority nor power effec- tively to recommend a change in an employee's status. All of these in- spectors report to the chief inspector. The salvage inspectors 6 gather containers which have been taken off the assembly line by other inspec- tors and report to the salvage supervisor. Both parties concede that the duties of the chief inspector and salvage supervisor are supervisory and that they should be excluded from the unit, and we shall, therefore, exclude them from the unit. All of the inspectors are selected from the production employees and their work is functionally similar. The determinations of the inspectors do not affect the production workers' earnings or status, and the inspectors' interests are similar to those of the production and maintenance workers. We are of the opinion and find that the group of inspectors, includ- ing the incoming, line, lead, and salvage inspectors, but excluding the, chief inspector, salvage supervisor and all or any other supervisory employees with authority to hire, promote, discharge, . discipline, or otherwise effect changes in the status of employees, or effectively rec- ommend such action, may properly form part of the production and maintenance unit. However, we shall base our determination, in part, upon the desires of such employees in the classifications hereinabove set forth, to be ascertained in an election hereinafter directed. In view of the absence' of any question concerning representation among the employees in the original production and maintenance unit, we shall direct an election only among the employees in the classifications wherein a question concerning representation has arisen. If a majority of such employees select the Union, they will thereby have indicated their desire to be included in the unit with the general production and maintenance group. 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- 8 There are three of these inspectors. There are four of these inspectors. e There are two of these inspectors. There are four of these inspectors. FELTEX CORPORATION 471 ployees in the classification hereinabove described, who were em- ployed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and addi- tions set forth in the Direction. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relatidns 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, as amended, it is hereby DmECrED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Feltex Corpora- tion, Rock Island, Illinois, an election by secret ballot shall be con- ducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Re- gional 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 em- ployees in the classifications described 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 the 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 those employees 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 United Farm Equipment and Metal Workers of America, C. I. 0., for the purposes of collective bargaining. -