Illinois Coil Spring Co.

In the Matter Of ILLINOIS COIL SPRING COMPANY and UNITED AUTO- MOBILE WORKERS, LOCAL 286, A. F. L. Case No. 13-B-2824.-Decided February 8, 1945 Fyffe d Clarke, by Mr.'Albert J. Smith, of Chicago, Ill., for the Company. Messrs. Angelo Inciso and Anthony Gruezka,'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 Automobile Workers, Local 286, A. F. L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Illinois Coil Spring Company, Chicago, Illinois, herein called the Company, the National Labor Relations Board provided for an ap- propriate hearing upon due notice before Leon A. Rosell, Trial Ex- aminer. Said hearing was held at Chicago, Illinois, on January 24, 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 er- ror 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 Illinois Coil Spring Company'is an Illinois corporation operating a1. plant at Chicago, Illinois, where it is engaged in the manufacture of coil and flat springs. During 1944 the Company purchased raw ma- terials valued in excess of $50,000 over 50 percent of which was shipped 60 N. L. R. B., No. 95. 503 504 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to it from points outside the State of Illinois. During,the same period the Company sold products valued in excess of $75,000, over 50 per- cent of which was shipped to points outside the State of Illinois. We find that the Company is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Automobile Workers, Local 286, is a labor organization affiliated with the American Federation of Labor, admitting to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On December 28, 1944, the Union requested the Company to recog- nize it as the exclusive collective bargaining representative of the Company'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 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, excluding office and clerical employees, guards, fore- men, and supervisory employees, constitute an appropriate unit. There is some question, however, as to whether working foremen and watchmen should be included or excluded from the unit. The Comany employs eight persons who are classified as working foremen. The Company would exclude them from the unit while the Union takes no position. The working foremen are responsible for the proper maintenance of machinery and a constant flow of materials, and are required to check and approve daily time tickets of the produc- tion employees. They also have the authority to reject applicants for employment and to discharge employees in their departments. We find that the working foremen are supervisory employees, and as such, we shall exclude them from the unit. The Company employs two watchmen who are engaged for -the most part in performing janitorial duties. They do not patrol the 1 The Field Examiner reported that the Union presented 45 authorization cards There are approximately 80 employees in.the appropriate unit. ILLINOIS COIL SPRING COMPANY 505 plant and are not armed , deputized, militarized, or uniformed. We shall include them in the unit. We find that all production ' and maintenance employees of the Company, including watchmen , but excluding office and clerical em- ployees, guards, foremen, working foremen, and 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, 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. The Union requested that it appear on the ballot as "UAW-AFL, Local 286." The request is hereby granted. 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 Illinois Coil Spring Company, 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 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 UAW -AFL, Local 286, for the purposes of collective bargaining.