Eicor, Inc.

In the Matter of Eicon, INCORPORATED and UNITED MOTOR WoR1ERS, FEDERAL LABOR UNION, No. 23158, A. F. of L. Case No. R-11046.-Decided A ugust 18, 19-/j2 Jurisdiction : motor manufacturing industry. - Investigation and Certification of Representatives : existence of question: re- fusal to accord petitioner recognition ; election necessary , Unit Appropriate for Collective Bargaining : unit confined to one of Company's two plants held appropriate in view of the separate management; difference in work, and absence of interchange of employees between the two, and the self-sustaining nature of the plant to which unit was confined. Lewis c6 Carson by Mr. Harry J., Carson, of Chicago, Ill., for the Company. Mr. Harry E, O'Reilly, of Chicago, Ill., for the Motor Workers. • Mr. Robert Kirkwood and Mr. Joseph Hood, of Chicago, Ill., for the United. Mr. Reynolds C. Seitz, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEDIEN T OF THE CASE Upon petition duly filed by United' Motor Workers, Federal Labor Union No. 23158, affiliated with the A. F. of L., herein called the Motor Workers, alleging that a .question affecting commerce had arisen concerning the representation. of employees of Eicor, Incorporated, Chicago, Illinois, herein called the Company,,the National Labor Rela- tions Board provided for an appropriate hearing, upon due notice before Robert E. Dickman, Trial Examiner. Said hearing was held at Chicago, Illinois, on July 16, 1942. The Company,'the Motor Workers; and United Electrical, Radio & Machine Workers of America, Local 1150, affiliated with the C. I. O.; herein called the United, appeared, participated, and 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. 43 N. L R B , No 47. 313 314 DECISIONS- OF NATIONAL LABOR RELATIONS BOARD Thereafter the Motor Workers; filed a brief which the Board has considered. Upon the entire record in the case, the Board makes the following: FINDINGS OF. FACT 1. THE BUSINESS OF THE COMPANY Eicor, Incorporated is an Illinois corporation, with its principal office in Chicago. The Company is generally engaged in` the manu- facture, sale, and distribution of electric motors, generators, and dynamotors. For the production of the above-named machines, the Company owns and operates two manufacturing plants-one at Chi- cago, Illinois; and one at Oglesby, Illinois. The Oglesby plant is the only plant involved in this proceeding. The principal materials used in the, nlahufacturing processes of the plants named are copper, steel, aluminum and finished parts. During the period from July 1, 1941, to June 30, 1942, , the • Company purchased raw materials which in value amounted to approximately $900,000. About 50 to 55 percent of such raw material was shipped into Illinois from points outside the State. During the same period the sales of the Company amounted to approximately $2,000,000, with about 95 percent in value of such amount being shipped from Illinois to points outside the State. PI. THE•ORGANI/,ATIO_NS INVOLVED United Motor Workers, Federal Labor Union No. 23158, affiliated with the American Federation of Labor, and United Electrical, Radio & Machine Workers of America, Local 1150, affiliated with the Congress of Industrial Organizations, are labor organizations admit- ting to membership employees of the Company. III. THE QUESTION CONCERNING ItEPRESENTATION By letter of June 10, 1942, the Motor Workers requested the Com- pany to bargain with it as the exclusive representative of the Com- pany's employees at the Oglesby, Illinois, plant in the unit described in Section- IV - below: The Company refused to bargain on the ground that it had been informed by the United that the United had started to organize the employees in the Oglesby plant, and that, there- fore, it wanted the matter settled by the Board. The United did not submit any proof of membership, but it did point out that it has had bargaining relations with the Company since December 11, 1941,1 'The contract is still in force, under a piovision that *'this agreement shall be in effect for one 'yeas from^the effective date - (December k,11, 1941),, hereof, Band shall _thereafter., continue automatically for similar periods unless either patty, prior to the expiration tbeieof, shall give notice of termination . . . EICOR, INCORPORATED . 315 under a contract which covered employees of the Company at its Chi cago plant in classifications of the same type as those claimed by the Motor Workers to be within the appropriate unit at Oglesby, Illinois. A statement of the Trial Examiner, introduced in evidence at the hearing,, shows that the Motor Workers represents a substlrntial num ber• 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 National Labor - Relations Act. IV. THE APPROPRIATE UNIT The Motor Workers, the United, and the Company, stipulated that all production, tool, die, and maintenance employees,, shop clerical employees, and, working, supervisors who do not have the power to hire and discharge, exclusive of all technical, office, other clerical; and sales employees, foremen, and watchmen should be included'in• the appropriate unit. The Motor Workers, however, would limit the unit to the above-named employee's at the Oglesby, Illinois, plant, of the Company. The United contends for a multi-plant unit made up of employees in the Company's Chicago and Oglesby, Illinois, plants. The Company takes no position. The record indicates the following facts as respects the relationship of the Chicago- and Oglesby plants' With the exception of the chief executives 3 of Eicor, the management of the Oglesby plant is entirely different from that at the Chicago-plait. The general manager and` superintendent at the Oglesby plant are not connected with the Chicago plant. At the Oglesby plant the only work carried on is the produc- tion of armatures. At the present time 60 to 70 percent of the winding of armatures is done at Oglesby. The rest is done at Chicago. Ap- proximately 50 percent of the armatures produced is shipped to the Chicago plant, which is largely an assembly plant. The Oglesby plant is self-sustaining, except that all raw materials are purchased through the Chicago plant, and that at the present time clerical work in connec= tion with the pay roll is done in Chicago. It appears that such clerical work will very soon be performed in Oglesby. There is very little interchange of employees. At the present time only two persons in the Oglesby plant were formerly connected with the Chicago plant-the 2 The statement of the Trial Examiner introduced into the record is as follooos ` "The' Motor Workeis application for membership cards have been examined and counted 'There are 175 such cards which are dated during May 1942 , there are 37 cards dated during June 11142; and there aie 2 cards which are undated Of the cards submitted, 21`4 appear to beat genuine original signatures . By comparison -,r ith the pay roll ending July 4, 1942, 213 bear names which appear on such pay roll " The Motor Woikers claim the appropriate unit is made up of approximately 200 employees. 3 President , vice president , secretary , and treasurer. 316 DECISIONS OF NATIONAL - LABOR RELATIONS BOARD general manager and the superintendent in charge of production. When the Oglesby plant was first set up , instructors were sent to it from the Chicago plant on a temporary basis; they have'since been returned to the Chicago plant. Because of the difference in living costs, the wage scale is lower at, the Oglesby plant than at the Chicago plant. The fact that the Oglesby plant is under separate management, that there is a substantial difference in the type of work done alt the Oglesby 'plant from that done at the Chicago plant, that the Oglesby plant is to a considerable degree self-sustaining, and that there is almost no interchange of employees between the Oglesby and Chicago plants, indicate that a unit made-up of -employees of the Company at its Oglesby, Illinois, plant is appropriate. We find that all production, tool, die, and maintenance employees, shop clerical employees, and working supervisors who do not have pov-er to hire and discharge, at the Company's Oglesby, Illinois plant, excluding all technical,' office, other clerical, and sales employees, foremen, and watchmen, 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 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 Direc- tion, shall be eligible to vote. Since the United has submitted no proof that it represents any employees within the appropriate unit, we shall not include its name on the ballot. 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 Act, aiTd pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part'of the investigation to, ascertain representa- tives for the purposes of collective bargaining with Eicor, Incor- porated, Oglesby, 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, Section 9, of said Rules and Regulations, among the em- EICOR, INCORPORATED 317 ployees in the unit found appropriate in Section' IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or tem- porarily laid off, but excluding employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Motor Workers, Federal Labor Union No. 23158, affiliated with the A. F. of L., for the purposes of collective bargaining. CHAIRMAN MILLTs took no part iii the consideration of the above Decision and Direction of Election.