Chicago Flexible Shaft Co.

In the Matter Of CHICAGO FLEXIBLE SHAFT COMPANY and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL 1150, C. I. O. Case No. 13-R-3027.-Decided June 6, 1945 Messrs. Clarence J. Uhiir, and Herman Van Mell, of Chicago, Ill., for the Company. 117r. Ralph J. 111cCaslin, of Danville, Ill., for District 50. Messrs. Irving krone and Raguar Lofgren, of Chicago, I11., for the U. E. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Electrical, Radio & Machine Workers of America, Local 1150, C I. 0 , herein called the U. E., alleging that a ques- tion affecting comnnerce had arisen concerning the representation of em- ployees of Chicago Flexible Shaft Company, Westville, Illinois, herein called the Company, the National Labor Relations board provided for an appropriate hearing upon due notice before Gustaf B. Erickson, Trial Examiner. Said hearing was held at Chicago, Illinois, on May 14, 1945. At the commencement of the hearing, the Trial Examiner granted a motion of District 50, United Mine Workers of America, herein called District 50, to intervene. The Company, District 50, and the U. E. appeared, partici- pated, 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 : 62 N. L. R. B, No 23 156 CHICAGO FLEXIBLE SHAFT COMPANY 157 FINDINGS OF FACT I. TIIE BUSINESS OF THE COMPANY Chicago Flexible Shaft Company has its principal offices at Chicago, Illinois. We are here concerned with its plant at Westville, Illinois, where it is engaged in the manufacture of electric irons. Over 50 percent of the materials used at its Westville plant is shipped to the Company from points outside the State of Illinois. Since August 1944 the Company sold products from its Westville plant valued in excess of $70,000, over 50 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 ORGANIZATIONS INVOLVED District 50, United Mine Workers of America, is a labor organization, admitting to membership employees of the Company. United Electrical, Radio & Machine Workers of America, is a labor organization, admitting to membership employees of the Company. - United Electrical, Radio & Machine Workers of America, Local 1150, is a labor organization affiliated with the Congress of Industrial Organiza- tions, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the U. E. or District 50 as exclusive collective bargaining representative of its employees until such time as one or the other is certified by the Board. A Board-ordered election was conducted on April 3, 1945, at which time a majority of the employees involved herein voted against representation by District 50. The U. E did not participate in the election. The record discloses that the U. E. has application cards bearing the names of a sub- stantial number of employees.' Since no collective bargaining representative was chosen as a result of the election of April 3, 1945, and in view of the fact that a substantial number of the Company's employees appear to have indicated a desire for representation by the U. E., which did not participate in that election, we believe that the policies of the Act will best be effectu- ated by conducting an election on the present petition. 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 employees of the Company 1 According to a statement introduced into evidence at the hearing, the U E submitted 46 applica- tion cards There are approximately 48 employees within the appropriate unit District 50 submitted 15 application cards , all dated subsequent to April 3, 1945 158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employed at its Westville, Illinois, plant, including watchman,' but exclud- ing office and clerical employees and all supervisory employees with author- ity 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 em- ployees 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. 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 representatives for the purposes of collective bargaining with Chicago Flexible Shaft Com- pany, Westville, 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 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 imme diately 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 they desire to be represented by District 50, United Mine Workers of America, or by United Electrical, Radio & Machine Workers of America, Local 1150, C. I. 0., for the purposes of collective bargaining, or by neither, ] The watchmen are neither militarized nor deputized.