E. H. Sargent and Co.

In the Matter of E. H. SARGENT AND COMPANY, EMPLOYER and WARE- HOUSE & DISTRIBUTION WORKERS UNION, LOCAL 208, ILWU-CIO, PETITIONER Case No. 13-R-39. O.Decided January 21, 19417 Messrs. Lynn W. Beman and F. W. Teegarden, of Chicago, Ill., for the Employer. Meyer, Meyer ct Rothstein, by Mr. David B. Rothstein, of Chicago, Ill., for the Petitioner. Mr. Edmund J. Flynn, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Chicago, Illinois, on November 18, 1946, before Robert C. Drake, hearing officer. The hearing officer's rulings made at the hearing are free from prejudi- cial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER E. H. Sargent and Company is an Illinois corporation having its principal offices and place of business in Chicago, Illinois. At its plant in Chicago, Illinois, which is solely involved in this proceeding, the Employer is engaged in the manufacture and distribution of laboratory supplies and chemicals. During the last 6 months the Employer's pur- chases for its Chicago plant exceeded $500,000 in value, of which more than 70 percent was shipped from points outside the State of Illinois. During the sane period the Employer's sales of manufactured products at its Chicago plant exceeded $1,000,000 in value, of which more than 70 percent was shipped to points outside the State of Illinois. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. 72 N. L. R. B., No. 42. 220 E. H. SARGENT AND COMPANY 221 II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive -bargaining representative of the office and clerical employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Petitioner seeks a unit consisting of all office and clerical workers of the Employer's Chicago plant, including stenographers and secretaries, regular part-time employees, part-time student em- ployees, and Menzel, but excluding Lowman, Crump, traveling sales- men in Kansas City, Missouri, and Cleveland, Ohio, and supervisory employees. Although the Employer agrees that an office and clerical unit is appropriate, contrary to the Petitioner's position it requests the exclusion of part-time student employees and the inclusion of Low- man and Crump. In addition, the Employer desires to include the switchboard operator, concerning whom the Petitioner does not take a clear stand. Part-time Student Employees: The Employer urges the exclusion of these employees mainly because the school which they attend, presently located near the plant, plans to move to a new site, about 6 miles distant; the Employer asserts that some of the students may leave their jobs rather than travel. But such speculation. is insufficient reason to warrant the exclusion of these employees? The Employer also points to the part-tune nature of the students' employment as a basis for their exclusion. The record shows, however, that the stu- dents work regular daily hours, averaging 15 to 20 hours weekly; and that they do the same type of work under identical working conditions and receive the same rate of pay as regular employees. In view of these facts, we shall include the part-time student employees in the unit hereinafter found appropriate.2 1 See Matter of Underuiood Machinery Company, 59 N L R B 42. 2 Matter of Vulcan Mold and Iron Company , 62 N L R B 1219 222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Lowman and Crump: Both parties agree that traveling salesmen located in Kansas City,•Missouri, and Cleveland, Ohio should be ex- cluded. Traveling salesmen ". . . only call upon customers to find out how satisfactory or unsatisfactory [the Employer's] service has been .. ." s The Petitioner would exclude Lowman and Crump, who, though traveling occasionally, spend more than half their time in the Chicago plant. They work out of the Chicago plant and their duties at the plant do not differ from those of others who are included in the unit by agreement of the parties. It is clear that they receive no commission for their work outside the plant. We shall include Lowman and Crump in the unit hereinafter found appropriate. Switchboard Operator: This employee operates the switchboard and does other office work. Her interests are closely allied with those of other office and clerical workers. We shall, therefore, include her in the unit hereinafter found appropriate.5 We find that all office and clerical workers of the Employer's Chicago plant, including stenographers and secretaries, regular part-time em- ployees, part-time student employees, Menzel, Lowman, Crump, and the switchboard operator, but excluding traveling salesmen in Kansas City, Missouri, and Cleveland, Ohio, and all 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 the purposes of collective bar- gaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with E. H. Sargent and Company, 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 direction and supervision of the Regional Director for the Thirteenth Region, acting in this matter as agent for the Na- tional Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations- Series 4, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately s The Employer is engaged 85 to 90 percent in it mail older business ; only occasionally do salesmen solicit and scenic orders from customers 4It is true that Lowman and Crump spend it great deal of their time expediting orders which they have secured or investigated But the nature of their work is the same as that of other expediters. - 5 Hatter of Gould f Eberhardt company, 66 N L H B 1326 E. H. SARGENT AND COMPANY 223 preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vocation 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 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 Warehouse & Distribution Workers Union, Local 208, ILWW'U-CIO, for the purposes of collective bargaining. 7 312 42-4 7 -v of 72--it;