Florence Stove Co., Inc.

In the Matter of FLORENCE STOVE COMPANY, INC. and INTERNATIONAL BROTHERHOOD OF FIREMEN & OILERS, POWER HOUSE EMPLOYEES, OPERATORS AND MAINTENANCE MEN Case No.13-R--3 63.-Decided April 9,1946 Mr. William H. Greene, of Kankakee, Ill., for the Company. Mr. Michael J. Costello, of Chicago, Ill., for the Union. Mr. Herbert J. Nester, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a first amended petition duly filed by International Brother- hood of Firemen & Oilers, Power House Employees, Operators and Maintenance Men, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Florence Stove Company, Inc., Kankakee, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert T. Drake, Trial Examiner. The hearing was held at Chicago, Illinois, on January 14, 1946. 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 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 af- forded 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 Florence Stove Company, Inc., is a Massachusetts corporation main- taining two plants, one located at Gardner, Massachusetts, and one located at Kankakee, Illinois. The Kankakee, Illinois, plant is alone concerned in this proceeding. The Company manufactures and dis- 67 N. L R B, No 20. 146 FLORENCE STOVE COMPANY, INC. 147 tributes domestic stoves and heaters. During the year 1945, while also partially engaged in war production, the Company purchased raw ma- terials consisting of sheet steel, castings, etc., valued in excess of $100,000, over 50 percent of which was shipped to the Company's plant from points outside the State of Illinois. During a like period the Company manufactured finished products valued in excess of $200,000, over 50 percent of which was sold and distributed 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 ORGANIZATION INVOLVED International Brotherhood of Firemen & Oilers, Power House Employees, Operators and Maintenance Men, is a labor organization affiliated with the American Federation of Labor, admitting to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found 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, which presently represents the production and main- tenance employees at the Company's Kankakee plant, seeks certifica- tion as representative of a unit composed of all guards-watchmen at the plant, including shift sergeants, but excluding the guard chief. The record discloses that there are seven guard-watchmen now em- ployed at the Company's plant, including the guard-chief, two shift sergeants, and four guard-watchmen. They are under the direct supervision of a general foreman classified as the Safety Director who, in turn, is supervised by the General Superintendent. Their duties are chiefly custodial in nature and include protection of com- pany property against theft, fire, and disorder, checking employees i The Field Examiner reported that the Union submitted cards bearing the names of six employees listed on the Company 's pay roll of January 11, 1946. There are approximately six employees in the appropriate unit. 148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in and out of the gates, and patrolling the premises. They are uni- formed, armed, and deputized, with authority to make arrests. The Company, although raising no objection to the specific composi- tion of the unit, urges dismissal of the petition, contending that representation of the guards-watchmen by the Union would give rise to a conflict of interests and divided loyalties and would prevent the proper performance of the duties imposed upon the guards-watchmen in the event of labor disputes, thereby depriving the Company of proper protection to its property. We have had occasion to consider like contentions in many recent cases involving employees with similar duties and have found them to be without merit.2 The Company further contends that the Union is estopped from seeking to represent the guards-watchmen because these employees were specifically excluded from the unit of production and maintenance employees covered by the Union's current contract. However, mere exclusion of such employees without other reference thereto in the contract does not raise an inference that the Union thereby committed itself not to seek to admit or represent these employees in an appropriate unit apart from the production and maintenance employees.' We find that all guards-watchmen employed by the Company at its Kankakee plant, including the shift sergeants,4 but excluding the guard chief and all or any other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, consti- tute 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 an election by secret ballot among 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 vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations 2 See Allegheny -Ludlum Steel Corporation , 64 N L R B 1055, and 64 N L R. B 1284, and cases cited therein. It See Matter of Conaoledatxon Coal Company, 63 N. L. R. B 169. See Matter of Craig Shipbuilding Corporation , 65 N L R. B 97. See Matter of Cudahy Packing Company , 65 N. L. R. B. 203. See Matter of Jones 4 Laughlin Steel Corporation , Vesta-Shannopin Coal Dtvtsion, 66 N. L R. B. 386. Cf. Matter of Briggs Indiana Corporation , 63 N. L. R. B. 1270. ' The record reveals that these employees have no supervisory status within the Board's customary definition thereof. FLORENCE STOVE COMPANY, INC . 149 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 Florence Stove Company, Inc., Kankakee, 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 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 tempo- rarily 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 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 International Brotherhood of Firemen & Oilers, Power House Em- ployees, Operators and Maintenance Men, affiliated with the American Federation of Labor, for the purposes of collective bargaining.