Imperial Molded Products Corp.

In the Matter Of IMPERIAL MOLDED PRODUCTS CORPORATION and INTER- NATIONAL UNION, AUTOMOBILE WORKERS, LOCAL 286, AFL Case No. 1,3-R-2843.-Decided April 4, 1945 Fyffe c Clark, by Mr. Albert J. Smith, of Chicago, Ill., for the Company. Mr. Anthony Gruszka, of Chicago, Ill., for the Union. Mr. Harold M. Humphreys, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Union, Automobile Workers, Local 286, AFL, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Imperial Molded Products Corporation, Chicago, 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 Chicago, Illinois, on February 14, 1945. 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 evi- dence 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 1. THE BUSINESS OF THE COMPANY Imperial Molded Products Corporation, an Illinois corporation, is engaged at Chicago, Illinois, in the manufacture of plastic articles. I The International Union of Operating Engineers, Local 399 , AFL, participated only to ask for the exclusion of stationary engineers. 61 N. L. R. B., No. 37. 307 308 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The principal raw materials used by the Company consist of molding powders. During the year 1944, the Company purchased raw mate- rials amounting in value to more than $50,000, of which in excess of 50 percent was purchased outside the State of Illinois. For the same period, the sales of the Company amounted in value to more than $75,000, of which in excess of 50 percent was sold 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 Union, Automobile Workers, Local 286, affiliated with the American Federation of Labor, is it labor organization admitting to membership employees of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION On January 10, 1945, the Union informed the Company that it represented a majority of the Company's employees and requested recognition as their bargaining representative. The Company refused the Union's request. A statement of the Trial Examiner introduced into evidence at the hearing, indicates that the Union represents a substantial number of the 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 UNIT The Union seeks a unit comprised of all production and maintenance employees at 2925 West Harrison Street, one of the three buildings in which the Company's operations are performed, excluding stationary engineers, draftsmen, the production department employee, and office and clerical employees, foremen, and other supervisory employees. Contrary to the wishes of the Union, the Company would also include the production and maintenance employees at its other two buildings. The Company's operations are housed in three buildings in Chicago, Illinois. Its general offices, the molding, production, and maintenance departments and the stationary engineers are located at 2925 West 2 At the hearing the Union submitted 34 application for membership cards . The Trial Examiner reported that the names of 32 persons appearing on the cards were listed on the Company's pay roll of January 16, 1945, which contained the names of 58 persons in its employ , 1 card bore the name of an employee in the finishing department , a department not included in the Union 's proposed unit. The record reveals that there are approximately 10 employees in the unit sought by the Union , and approximately 60 employees in the unit hereinafter found to be appropriate. 1 IMPERIAL MOLDED PRODUCTS CORPORATION 309 Harrison Street; its inspection department and stockroom are located two doors east at 2919 West Harrison Street; and its finishing, ship- ping, and engineering departments, toolroom laboratory and ware-' house are located one-half block east and one-half block north of 2925 West Harrison Street at 521 South Francisco Avenue. All operations are under the personal supervision of the president, who also acts as general manager and superintendent. Beneath him in authority and directly responsible to him are the foremen of the various departments. Raw materials are received at 521 South Francisco Avenue. From there they are taken to the molding department at 2925 West Harrison Street, where, by certain processing, unfinished plastic products are made which are sent to 2919 West Harrison Street for inspection. From this building the unfinished products are taken to the finishing department located at 521 South Francisco Avenue where they are completed, finally inspected, and shipped. Thus, the Company's op- erations are well integrated. Moreover, the record reveals that the Company's present locations are temporary, as it expects to place all its operations under one roof as soon as conditions will permit. In addition, there appears to be considerable interchange of employees among the three buildings, and all employees have the same "rights and prerogatives" of employment. We are persuaded from the foregoing facts that all production and maintenance employees at the Company's three buildings comprise an appropriate unit.3 We find that all production and maintenance em- ployees of the Company at its three buildings located in Chicago, Illi- nois, including the watchman-janitor,' but excluding stationary engi- neers, draftsmen,, the production department employee, office and clerical employees, laboratory employees,5 foremen, and all 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 collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning the representation of the Company's employees can best be resolved by an election by secret ballot. The unit found appropriate in Section IV, above, includes employees of the Company at 2925 West Harrison Street, 2919 West Harrison Street, and 521 South Francisco Avenue buildings, and is more exten- sive than the unit sought by the Union in the instant petition. Since 3 See Matter of Vaughan Motor Company, 54 N. L. R B. 1351. * This employee does not appear to be militarized or deputized. ' These are technical employees. 310 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Union presently appears to represent a substantial number of employees in this larger unit,6 we shall direct that an election be conducted 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 the Direction of Election herein, subject to the limitations and additions set forth in the Direction.7 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 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 Imperial Molded Products Corporation, Chicago, Illinois, an election by secret ballot shall be conducted as early as possible, but not later than sixty (60) 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 If, of said Rules and Regula- tions, 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 the said pay-roll period because they were ill or on vaca- tion 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 dis- charged 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 Amalgamated Local No. 286, UAW-AFL, for the purposes of collective bargaining. 6 The Union indicated at the hearing that it would not seek withdrawal if the Board found a three-building unit to be appropriate. 7 The Union desires to be designated on the ballot as its name appears in the Direction