W. T. Rawleigh Co.

In the Matter of W. T. RAWLEIGH COMPANY and INTERNATIONAL Asso- CIATION OF MACHINISTS, DISTRICT No. 101, A. F. OF L. In the Matter of W. T. RAWLEIGH COMPANY and INTERNATIONAL ASSO- CIATION OF MACHINISTS , DISTRICT No. 101, A. F. or L.,, and WARE- HOUSE AND DISTRIBUTION WORKERS ' UNION, LOCAL 221 , I. L. W. U.- C. I. O. Cases Nos. 13-R-3024 and 13-RE-35, respectively.- Decided June 8, 1945 Mr. A. R. Dry, of Freeport, Ill., for the Company. d orris, A. M. Keeney, of Chicago, Ill., and Mr. F. J. Morris, of Rockford, Ill., for the I. A. M. Mr. Tommy Runyon, of Chicago, Ill., for the I. L. W. U. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon separate petitions duly filed by International Association of Ma- chinists , District No. 101 , A. F. of L., herein called the I. A. M., and W. T. Rawleigh Company , Freeport , Illinois, herein called the Company , alleg- ing that a question affecting commerce had arisen concerning the repre- sentation of employees of the Company , the National Labor Relations Board consolidated the cases and provided for an appropriate hearing upon due notice before Gustaf B. Erickson , Trial Examiner . Said hearing was held at Freeport , Illinois, on May 16, 1945. At the commencement of the hearing , the Trial Examiner granted a motion of Warehouse and Dis- tribution Workers' Union, Local 221, I. L. W. U.-C. I. 0., herein called the I. L. W. U., to intervene. The Company, the I. A. M., and the I. L. W. U., appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing 62 N. L. R. B., No. 33. 197 198 DECISIONS ()P' NATIONAL LABOR RELATIONS BOARD Aon 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 W. T. Rawleigh Company is an Illinois corporation operating plants and shipping branches in the States of Illinois,-Tennessee, Virginia, Penn- sylvania, New York, Minnesota, Colorado, and California. We are here concerned with its plant at Freeport, Illinois, where it is engaged in the manufacture of medicines and insecticides. During 1944 the Company purchased raw materials for use at its Freeport plant valued in excess of $100,000, over 50 percent of which was shipped to it from points outside the State of Illinois During the same period the Company manufactured products at its Freeport plant valued in excess of $100,000, more than 50 percent of which was shipped to points outside the State of Illinois. The Company admits that it is engaged in commerce u ithin the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Association of Machinists, District No. 101, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. Warehouse and Distribution Workers' Union, Local 221 , I. L. W. U., is a labor organization affiliated with the Congress of Industrial Organiza- tions, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On April 11, 1945, the I. A. M. requested the Company to recognize it as the exclusive collective bargaining representative of the employees at the Freeport plant. The Company refused this request on the ground that it was bargaining with the I. L. W. U. The I. L. W. U. and the Company entered into a contract on January 21, 1944, which expired by its terms on January 21, 1945. Thereafter, the I. L. W. U. and the Company commenced negotiations for a new contract and,at the time of the hearing were operating under the terms of the expired contract until such time as a new contract was consummated. Neither the Company nor the I. L W. U. contends that the contract consti- tutes a -bar to'these proceedings. A statement of a Field Examiner of the Board, introduced into evidence W. T. RAWLEIGH COMPANY 199 at the hearing, indicates that the I. A. M. 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 We find, in substantial accord with a stipulation of the parties, that all production, shipping, receiving, maintenance, power, and print shop em- ployees at the Freeport, Illinois, plant of the Company, including working foremen and foreladies,' but excluding office employees, the purchasing agent, sales employees, executive foremen, and any other supervisory em- ployees with authority to hire, promote, discharge, discipline, or otherwise effect changes fn the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargain- ing, 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 an election by secret ballot among the employees in the appropriate unit who were employed during the pay-roll period imme- diately 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 the approx- 58 temporary employees employed by the Company for the purpose imafely of performing a specific job are ineligible to vote in the election. We further find, in accordance with the desires of the parties, that pro- bationary employees are eligible to vote in the election. 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 representa- tives for the purposes of collective bargaining with W. T. Rawleigh Com- pany, Freeport , Illinois, an election by secret ballot shall be conducted as 1 The Field Examiner reported that the I A M. presented 119 membership application cards bear- ing the names of persons who appear on the Company 's pay roll for the period ending April 21, 1945. There are approximately 275 employees in the appropriate unit. The I L. W. U did not present any evidence or representation, but relies upon its contract , alluded to above, as evidence of its interest in the instant proceeding. 2 The record indicates that neither the working foremen nor working forel adies are supervisors within the meaning of the Board's definition of that term 200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD early as possible, but not later than thirty (30) clays 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 International Association of Machinists, District No. 101, A. F. of L., or by Warehouse and Distrihution Workers' Union, Local 221, I. L. W. U.-C. I. 0., for the purposes of collective bar- gaining, or by neither.