General Cement Manufacturing Co.

In the Matter Of JULIA M. VALIULIS,- INDIVIDUALLY AND AS TRUSTEE; STANLEY VALIULIS, ELIZABETH ELLIS, AND RICHARD ELLIS, CO- PARTNERS D/B/A GENERAL CEMENT MANUFACTURING COMPANY and UNITED STF,ELWORuERS OF AMERICA , C. I. O. Case No. 13-R-2803.-Decided, January 25, 1945 Shultz r€ Fahy, by Mr. Edward J. Fahy, of Rockford, Ill., for the Company. Mr. W. 0. Parker, of Beloit, Wis., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Steelworkers of America, C. 1. 0., herein called the Union, alleging that a question affecting'commerce had arisen concerning the representation of employees of Julia M. Valiulis, individually and as trustee; Stanley Valiulis, Elizabeth Ellis, and Richard Ellis, co-partners d/b/a General Cement Manufacturing Company, Rockford, Illinois, herein called the Company, the National Labor Relations Board provided for an-appropriate hearing upon due notice before Robert T. Drake, Trial Examiner. Said hearing was held at Rockford, Illinois, on January 9, 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 1. THE BUSINESS OF THE COMPANY General Cement Manufacturing Company is a copartnership with its principal place of business at .Rockford, Illinois, where it is en- gaged in the manufacture of radio parts. The Company purchases all raw materials used by it within the State of Illinois. The Company 60 N. L. R. B., No. 46. - 221 D 222 DECISIONS OF NATIONAL LABOR" RELATIONS BOARD sells products valued in excess of $50,000, annually, 90 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. II. THE ORGANIZATION INVOLVED United Steelworkers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive col- lective bargaining-representative of its employees. - - A statement of a Field Examiner of the Board, introduced into evi- dence at the hearing, indicates that-the Union represents a substantial 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 The Union urges that all production and maintenance employees of the Company, including the receiving clerk, the shipping clerk, and -the time clerk, but excluding office and clerical employees, executives, and supervisory employees, constitute an appropriate bargaining unit. The only controversy with respect to the unit concerns the receiving clerk and the time clerk. The Company would exclude these em- ployees from the unit. ' , The receiving clerk receives goods, makes a clerical record of them and physically places the materials in various stock bins. The receiv- ing clerk has access to raw material costs, which the Company con- siders confidential. The record discloses that the receiving clerk does .not exercise any supervisory authority nor does he have access to any confidential records dealing with labor relations. We shall include the receiving clerk in the unit. The time clerk works in the superintendent's office, which is located in the plant, where she keeps records of time spent on various jobs and production records. She also checks time cards, and allots the time into unit costs. The Company contemplates installing a piece- rate basis of pay for its employees and the records being assembled at the present time by the time clerk will be used in establishing the piece rates. We find that the time clerk is essentially a clerical employee and-we shall therefore exclude-her from the unit. 1 The Field Examiner reported that the Union presented 33 membership application cards. There are approximately 54 employees in the appropriate unit. GENERAL CEMENT- MANUFACTURING COMPANY 223 We find that all production and maintenance employees of the Com- pany, including the receiving clerk and the shipping clerk, but exclud- ing office and clerical employees, time clerk, executives, and all super- visory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively rec- ommend 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 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 a:dditiohis_^ set -,forth in the Direction. DIRECTION OF ELECTION By virtue of and pusuant 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 Rela- tions 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 Julia M. Valiulis, :individually and as trustee; Stanley Valiulis, Elizabeth Ellis, and Richard Ellis, co-partners d/b/a General Cement Manufacturing Company, Rockford , 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, in 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 United Steelworkers ' of Amer- ica, C. I.O:, for the purposes of collective bargaining. .. CHAIRMAN MILLIS took no part in the consideration . of the -above Decision and Direction of Election.