Champion Pneumatic Machinery Co.

In the Matter Of CHAMPION PNEUMATIC MACHINERY COMPANY and UNITED STEELWORKERS OF AMERICA, LOCAL 3492, C. I. O. Case No. 13-B-2818.-Decided February 7, 1945 Messrs. Frank J. Embs and Fred J. Ray field of Chicago, Ill., for the Company. Mr. Sam J. Taylor, of Chicago, Ill., 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, Local 3492, C. I. O., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Champion Pneumatic Machinery Company, Chicago, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Edward J. Brophy, Trial Examiner. Said hearing was held at Chicago, Illinois, on Janu- ary 16, 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 Champion Pneumatic Machinery Company is an Illinois corporation operating a plant at Chicago, Illinois, where it is engaged in the manu- facture of air compressors. During 1944 the Company purchased about $250,000 worth of raw materials, 35 percent of which was shipped to it from points outside the State of Illinois. During the same period 60 N. L. R. B., No. 94. 500 CHAMPION PNEUMATIC MACHINERY COMPANY 501 the Company manufactured products valued at about $400,000, 65 percent of which was shipped to points outside the State of Illinois. We find that the Company is engaged in commerce within the mean- ing of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED United Steelworkers of America, Local 3492, is a labor organiza- tion affiliated with the Congress of Industrial Organizations, ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as exclusive collective bargaining representative of its employees. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a sub- stantial 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 mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in substantial agreement with a stipulation of the parties, that all production and maintenance employees of the Company; ex- cluding office and clerical employees, watchmen, the superintendent, foremen, and any other 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 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 the direction. We find, in accordance with the desires of the parties, that employees who are employed to work less than 5 days or 40 hours per month are ineligible to vote in the election. 1 The Field Examiner reported that the Union presented 38 membership application cards. There are about 40 employees in the appropriate unit. T502 DECISIONS-OF- NATIONAL LABOR RELATIONS BOARD 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, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Champion Pneu- matic Machine 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 super- vision 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 United Steel- workers of America, Local 3492, C. I. 0., for the purposes of collective bargaining.