The Payson Manufacturing Co. of Chicago

In the Matter of THE PAYSON MANUFACTURING COMPANY OF CHICAGI P and AMALGAMATED LOCAL 286, UNITED AUTOMOBILE WORKERS OF AMERICA, A. F. OF L. Case No. 13-R-3244.Decided January 17, 1946 Fyffe d Clarke, by Mr. John Harrington, of Chicago, Ill., for the Company: Messrs. Angelo Inciso and Nick Nardi, of Chicago, Ill., for the Union. Cllr. Samuel G. Hamilton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION . STATEMENT OF THE CASE Upon a petition duly filed by Amalgamated Local 286, United Auto- mobile Workers of America, A. F. of L., herein called the Union,. alleging that a question affecting commerce had arisen concerning the representation of employees of The Payson Manufacturing Company of Chicago, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Benjamin B. Salvaty, Jr., Trial Examiner. The hearing was held at Chicago, Illinois, on October 19, 1945. The Company and the Union appeared and participated. All parties were afforded full op- portunity 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 afforded an 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 The Payson Manufacturing Company of Chicago, an Illinois cor- poration, is engaged in the manufacture of hardware, tools and equip- ' After the close of the hearing , the parties entered into a stipulation to correct an error in the transcript. The stipulation is hereby approved and made part of the official record in this proceeding , and the transcript made at the hearing is deemed corrected in accordance therewith. 65 N. L. R B, No. 89. 539 540 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ment at its plant located in Chicago, Illinois. During the first 6 months of 1945, the Company purchased raw materials valued in excess of $100,000, of which approximately 50 percent was shipped to the plant from points outside the State of Illinois. During the same pe- riod, the Company manufactured products valued in excess of $150,- 000, of which approximately 75 percent was shipped from the plant to points outside the State. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED Amalgamated Local 286, United Automobile Workers of America, affiliated with the American Federation of Labor, is a labor organiza- tion admitting to membership 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 hear- ing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate.2 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 seeks a unit comprising all production and maintenance employees of the Company, including the watchman,3 but excluding office and clerical employees, the truck driver, foremen, and other supervisory employees. Contrary to the Union's position, the Com- pany contends that the factory clerks should be included in the appro- priate unit. The Company employs six -factory clerical employees. One of them works in the shipping department,4 and the other five work in the various production departments. These factory clerks keep the pro- duction and shipping records of their respective departments and do not perform any manual work. They are hourly rated, are on the factory pay roll, and enjoy the same facilities and punch the same time 'The Field Examiner reported that the Union submitted 47 application cards and that 41 of the cards were dated in August 1945 and 6 in September 1945 There are approxi- mately 90 employees in the unit hereinafter found appropriate 'The watchman works at night and his main function is to patrol the plant for fire hazards He is neither armed , uniformed , nor militarized. S The exact title of this factory clerk is "shipping room clerk." THE PAYSON MANUFACTURING COMPANY OF CHICAGO 541 clock as the production and maintenance employees. They are under the supervision of the foremen of their respective departments who also supervise the work of the other employees in these departments. From the foregoing facts, it appears that the interests of the factory clerical employees are closely allied to those of the production and maintenance employees and their inclusion in the unit is warranted. We shall include them 5 We find that all production and maintenance employees of the Com- pany, including the watchman and factory clerks, but excluding office clerical employees, the truck driver, foremen, and 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, constitute 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 the em- ployees 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 Rela- tions 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 The Payson Manufacturing Company of Chicago, 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 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 immediately preceding the date of this Direction, including employees Matter of Proctor .( Gable Manufacturing Company, 62 N L R. B. 1262. 542 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 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 Amalgamated Local 286, United Auto- mobile Workers of America, affiliated with the American Federation of Labor, for the purposes of collective bargaining.