Jas. H. Matthews & Co., Inc.

In the Matter of JAS. H. MATTHEWS & Co., INC. and INTERNATIONAL METAL ENGRAVERS UNION, LOCAL #1 Case No. 13-R-9817.-Decided January 25, 1945 Pope & Ballard, by Mr. John H. Thomson, of Chicago, Ill., for the Company. Mr. J. Charles Hartwig, of Chicago, Ill., for the Union. Mr. Louis Co/cm , of counsel to the Board. DECISION AND DIRECTION OF ELECTION . STATEMENT OF THE CASE Upon petition duly filed by International Metal Engravers Union, Local #1, herein called the Union, alleging that a question affecting commerce has arisen concerning the representation of employees of Jas. H. Matthews & Ca., Inc., Chicago, Illinois, herein called the Com- pany, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert T. Drake, Trial Examiner. Said hearing was held at Chicago, Illinois, on January 12, 1945. 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. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded 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 Jas. H. Matthews & Co., Inc., is an Illinois corporation operating a plant at Chicago, Illinois, where it is engaged in the manufacture of marking devices. During 1944 the Company purchased raw materials .valued in excess of $75,000, 75 percent of which was shipped to it from points outside the State of Illinois. During the same period the 60 N. L. R. B., No. 44. 215 216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Company sold products valued in excess of $250,000, over 33 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 Metal Engravers Union, Local #1, is a labor organiza- tion, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On December 9,1944, the Union requested the Company to recognize it as the exclusive collective bargaining representative of the Com- pany's employees. The Company refused this request until such time as the Union is certified by the Board. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a substan- tial number of employees in the unit hereinafter found to be 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. IV. THE APPROPRIATE UNIT We find, in agreement with the parties, that all production, shipping, and maintenance employees at the Chicago plant of the Company, including inspectors, but excluding draftsmen, clerical employees, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES '"To 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 the Direction. I The Field Examiner reported that the Union presented 15 membership application cards. There are approximately 25 employees In the appropriate unit. JAS. H. MATTHEWS & CO., INC. 217 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, as amended, -it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Jas. H. Matthews & Co., Inc., Chicago, 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 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 em- ployees 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 payroll 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 Metal Engravers Union, Local #1, for the purposes of collective bargaining. CHAIRMAN Maras took no part in the consideration of the above Decision and Direction of Election.