Minneapolis Honeywell Regulator Co.

In the Matter of MINNEAPOLIS HONEYWELL REGULATOR COMPANY, NA- TION-\L REGULATOR DIVISION and UNITED ELECTRICAL, RADIO & MA- CHINE WORKERS OF AMERICA, CIO Case No. 13-R-2952.-Decided June 23, 1945 Mr. Sherwood M. Sitz, of South Minneapolis, Minn., for the Company. Messrs. Louis Majors and Sam Kush; er, of Chicago, I11., for the UE. Mr. Conrad Seipp, of Chicago, Ill., for the Plumbers. Mr. J. A. Pahngren, of Chicago, Ill., for the Carpenters. MMMlr. Lams Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Electrical, Radio & Machine Work- ers of America, CIO, herein called the UE, alleging that a question affecting commerce had arisen concerning the representation of employees of Min- neapolis Honeywell Regulator Company, National Regulator Division, 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 iiVtay 3, 1945. At the commencement of the hearing, the Trial Examiner granted motions of Pipe Fitters Association Local 597, Shopmen's Divi- sion, United Association of Plumbers, Steamfitters, Gasfitters, and Rail- road Fitters of United States and Canada, A. F. of L., herein called the Plumbers, and Carpenters District Council of Chicago, herein called the Carpenters, to intervene. The Company, the UE, the Plumbers, and the Carpenters' appeared, participated, and 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 hear- 1 Although the Carpenters intervened at the hearing it stated that it did not desire to appear on the ballot in the event the Board directs an election in this proceeding 62 N. L. R. B., No. 103. 808 MINNEAPOLIS HONEY\VELL REGULATOR COMPANY 809 ing 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 I. THE BUSINESS OF THE COMPANY Minneapolis Honeywell Regulator Company is a Delaware corporation with its principal office and plant at Minneapolis, Minnesota. The Company also operates plants at Wabash, Indiana, and Chicago, Illinois. We are here concerned with its plant at Chicago, Illinois, known as the National Regulator Division, where it is engaged in the manufacture of temperature and humidity control instruments. During 1944 the Company purchased raw materials for use at its National Regulator Division valued in excess of $200,000. During the same period the Company sold products from its National Regulator Division valued in excess of $50,000, a substantial amount 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 ORGANIZATIONS INVOLVED United Electrical, Radio & Machine Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, ad- mitting to membership employees of the Company. Pipe Fitters Association Local 597, Shopmen's Division, United Asso- ciation of Plumbers, Steamfitters, Gasfitters and Railroad Fitters of United States and Canada is a labor organization affiliated with the American Fed- eration of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On March 16, 1945, the UE requested the Company to recognize it as the exclusive collective bargaining representative of the employees at the National Regulator Division. The Company refused this request on the ground that it was operating under a contract with the Plumbers. On October 1, 1943, the Company and the Plumbers entered into an exclusive bargaining contract to remain in effect until October 1, 1944. The contract further provides that it shall remain in effect after October 1, 1944, subject to cancellation by either party thereto upon 30 days' notice. Inas- much as the contract is subject to termination at any time by either party thereto, we find that it does not constitute a bar to a determination of repre- sentatives at this time. A statement of a Field Examiner of the Board, introduced into evidence 810. DECISIONS OF NATIONAL LABOR RELATIONS BOARD at the hearing, indicates that the UE 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 UE and the Plumbers contend that all production and maintenance employees at the National Regulator Division of the Company, including working foremen, shipping clerk, shipping room employees, stockroom em- ployees, carpenter; janitor, and porter, but excluding truck drivers, office employees, office janitress, engineers, draftsmen, chief inspector, stockroom foreman, purchasing agent, shop manager, and assistant shop manager, con- stitute a unit appropriate for the purposes of collective bargaining. The Company agrees generally with the scope of the unit but would exclude therefrom inspectors and the tool and diemaker foreman. The Company employs two inspectors who work under the supervision of a chief inspector. They make spot checks of the products manufactured by the Company and collect finished devices and final assemblies for the purpose of running performance tests. They also inspect raw materials and parts purchased by the Company. They do not perform any supervisory functions and the earnings of the other employees are not affected in any way by any rejections that might be made by the inspectors. We shall include the inspectors in the unit. The tool and diemaker foreman supervises the work of three employees and at the time he was employed by the Company, was notified by the latter that he would be a foreman. It appears that the tool and diemaker foreman can recommend effectively changes in the status of other employees. We shall exclude him from the unit. We find that all production and maintenance employees at the National Regulator Division of the Company, including working foremen,' inspec- tors, carpenters, janitor, porter, shipping clerk, and shipping room and stockroom employees, but excluding office employees, engineers and drafts- men, truck drivers, office janitress, chief inspector, stockroom foreman, purchasing agent, shop manager, assistant shop manager, tool and diemaker foreman, and any other supervisory employees with authority to hire, pro- mote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appro- The Field Examiner reported that the UE presented 67 authorization cards. There are ap- proximately 73 employees in the appropriate unit. The Plumbers did not present any evidence of representation but relies upon its contract as evidence of its interest in the instant ploceeiing 8 The record discloses that the working foremen are not supervisory employees within the mean ing of the Board's definition of that term N1JNXIA1 'OO,.!S IIuKCI'vV ELL ( UNI!'ANV 811 priate for the purposes of collective bargaining, within the meaning of Sec- tion 9 (b) of the Act. V THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning i epresentation 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. DIRECTION OF ELECTION By virtue of and pursuant to the power yested 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 Minneapolis Honeywell Regulator Company, National Regulator Division, 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 direc- tion 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 Aritcle 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 they desire to be represented by United Electrical, Radio & Machine Workers of America, C. I. 0., or by Pipe Fitters Association, Local 597, Shopmen's Division, United Association of Plumbers, Steamfitters, Gasfitters, and Railroad Fitters of United States and Canada, A. F. of L., for the purposes of col- lective bargaining, or by neither.