Fresh'nd-Aire Co.

In the Matter of J. W. ALSDORF AND A. N. PRITZKER , GENERAL PART- NERS OF LIMITED PARTNERSHIP , DOING BUSINESS AS FRESII 'ND-AIRS COMPANY, EMPLOYERS and UNITED ELECTRICAL , RADIO & MACHINE WORKERS OF AMERICA, C. I. 0., PETITIONERS Case No. 13-R-3762.-Decided January 22, 1947 Mr. Stanford Clinton, of Chicago, Ill., for the Employer. Mr. Leo Turner, of Chicago, Ill., for the Petitioner. Mr. Ralph Winkler, of counsel to the Board. DECISION AND DIRECTION Upon a petition duly filed, the National Labor Relations Board on July 31, 1946 , conducted a prehearing election among employees of the Employers in the alleged appropriate unit, to determine whether or not they desired to be represented by the Petitioner for the purposes of collective bargaining. At the close of the election , a Tally of Ballots was furnished the parties. The Tally shows that there were approximately 41 eligible voters, of whom 16 voted for the Petitioner , 16 against the Petitioner, and 3 under challenge. Thereafter, a hearing was held at Chicago , Illinois, on August 22, 23, and 26, 1946 , before Erwin A. Peterson, hearing officer. The hearing officers rulings made at the hearing are free from prejudicial error and are hereby affirmed. The Employers' request for oral agu- ment is denied inasmuch as the record , in our opinion , adequately presents the issues and position of the parties. Upon the entire record in the case, the National Labor Relations Board makes the following: FINDINGS OF FACT 1. TILE BUSINESS OF TIIE EMPLOYERS J. W. Alsdorf and A. N. Pritzker, general partners of limited part- nership, doing business as Fresh'nd-Aire Company, operate a plant in Chicago, Illinois, where they are engaged in the manufacture of elec- trical air circulators. The Employers annually purchase outside the 72 N. L. R. B., No. 45. 236 FRESH'ND-AIRE COMPANY 237 State of Illinois raw materials having a value in excess of $100,000; they annually ship outside the State finished products valued in excess of $250,000. The Employers admit and we find that they are engaged in com- merce within the meaning of the National Labor Relations Act. 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 Employers refuse to recognize the Petitioner as the exclusive bargaining representative of employees of the Employers 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 Employers, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The parties agree that all the Employefs' production and mainte- nance employees, excluding office and clerical employees and all super- visory employees constitute an appropriate unit. Two voters, Frank Ingers and William Cada, were challenged by the Petitioner on the grpund that they are supervisory employees. Ingers in effect occupies the position of assistant superintendent. At the hearing, the Employers conceded that Ingers is a supervisory em- ployee within the Board's definition and, accordingly, we shall exclude hint from the unit. Cada is one of four strawbosses or working foremen employed by the Employers. Three of these strawbosses work entirely on the day shift. Cada, however, divides his time between the clay shift and the night shift. Asa day shift employee for 4 hours each day, he performs regular production work. As a night shift employee for 4 hours each night, he is in charge of approximately nine employees. He assigns work to these subordinates, directs then in their work, and trains new employees. But he spends the greater part of his entire time on the night shift in ordinary production work. Whenever difficulties arise on the night shift Cada telephones to the superintend- ent for advice. The Petitioner concedes that the strawbosses who work entirely on the day shift are not supervisory employees. It urges that Cada's position is different because he is in complete charge of the night shift. However, both Cada and the superintendent testified without contradiction that the former, like the other straw- 238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD bosses, has no power to change or effectively to recommend a change in the status of his night shift subordinates.' Accordingly, we find that Cada is not a supervisory employee within the Board's definition. We shall include him in the unit. We find that all the Employer's production and maintenance em- ployees excluding office and clerical employees, the superintendent and assistant superintendent, and all other 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 bargaining within the meaning of Section 9 (a) of the Act. V. TILE DETERMINATION OF REPRESENTATIVES Benjamin Mound's ballot was challenged by the Employers on the ground that he was not an employee of the Employers on the day of the election and, therefore , not eligible to vote. Mound was hired by the Employers on June 12 , 1946. He had contracted malaria while in the Army and a recurrence of the illness caused him to lose 3 days' work in the latter part of that month. Upon his return, he worked until July 5 when lie suffered another attack. He never thereafter worked for the Employers . However, on July 12, he called at the plant to pick up his salary check for the preceding week. In a con- versation with the superintendent, Mound explained his illness and the superintendent suggested that Mound return to work on July 15 if he felt well enough to do so. Mound did not-again communicate with the Employers until July 31, the morning of the election. On that day he reported to the superintendent who informed Mound that because of a shortage of, material there was no work for him. The superintendent did, however , suggest that Mound report back on the following Monday, August 5. Mound reported back on August 5 but the superintendent informed him that there was no work for him. Mound thereafter found a job elsewhere and is no longer interested in returning to work for the Eunployers. The pay-roll period ending July 10, 1946, was the eligibility date of the prehearing election held on July 31, 1946 , with the election rules providing, inter aiiia, that employees who were ill during said pay-roll period would be permitted to vote and that employees whose employment had been severed since that pay-roll date would not be eligible to vote. The evidence shows that Mound 's name did in fact 1 Cada once discovered an employee stealing company property The employee had pre- viously submitted his resignation to the Employers and Cada requested that he quit his employment immediately-a day earlier than was contemplated-in order to save the em- plovee the embarrassment of having Cada report the matter to his own supervisor. We do not consider this incident as establishing Cada's authority to discharge employees FRESH'ND-AIRE COMPANY 239 appear upon the aforestated pay-roll list and that while he was absent from work after said period his absence was occasioned by illness rather than by separation from employment. Under these circumstances we find that Mound was in the Employers' employ on July 31, 1946, and was, therefore, eligible to vote in the election of that date.' Inasmuch as we have found that William Cada is included in the appropriate unit and Benjamin Mound was an employee of the Employers on the day of the election, we find that both these em- ployees were eligible to vote in the election. Accordingly, the chal- lenges to their ballots are hereby overruled. We have found that Frank Ingers is a supervisory employee. Accordingly, we hereby sustain the challenge to his ballot. Inasmuch as the ballots of Cada and Mound may affect the results of the election, we shall direct that the Regional Director open and count the challenged ballots of these two voters. ' DIRECTION As part of the investigation to ascertain representatives for the purposes of - collective bargaining with J. W. Alsdorf and A. N. Pritzker, general partners of limited partnership, doing business as Fresh'nd-Aire Company, Chicago, Illinois, the Regional Director for the Thirteenth Region shall, within ten (10) days from the date of this Direction, open and count the challenged ballots of William Cada and Benjamin Mound and shall prepare and cause to be served upon the parties a Supplemental Tally of Ballots including therein the count of said challenged ballots. CHAIRMAN HERZOG took no part in the consideration of the above Decision and Direction. 2 Matter of Republic Steel Corporation, 64 N L R B. 387, 391. 731242-47-vol 72-17