Reynolds Wire Co.

In the Matter of REYNOLDS WIRE COMPANY, A CORPORATION and STEEL WORKERS ORGANIZING COMMITTEE, LOCAL UNION No. 2086, AFFILIATED WITH THE C. I. O. Case No. R-2317.-Decided March 7, 1941 Jurisdiction : wire cloth manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union exclusive recognition ; pay roll agreed to by parties directed to be used; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, excluding foremen, assistant foremen, supervisors, and office, clerical, and cafeteria employees ; agreement as to. Mr. Robert L. Bracken, of Dixon, Ill., for the Company. Mr. John J. Brownlee, of Chicago, Ill., and Mr. Bertram McNamara, of Sterling, Ill., for the S. W. O. C. Mr. William. T. Little, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On September 18, 1940, Steel Workers Organizing Committee Local Union No. 2086, affiliated with the C. 1. 0.,' herein called the S. W. O. C., filed with the Regional Director for the 13th Region (Chicago, Illinois) a petition alleging that a question affecting commerce had arisen con- cerning the representation of employees of Reynolds Wire Company; Dixon, Illinois, herein called the Company, and requesting an investi- gation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On February 3,1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act, and Article III, Section 3, of National' Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and au- thorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On February 3, 1941, the 1 The petition was originally filed in the name of Lodge 2086, Amalgamated Association of Iron, Steel and Tin Workers of America, through S. W. O. C., affiliated with C. I. O. At the healing the petition was amended without objection to designate the petitioner as it appears above. 30 N. L. R. B., No. 20. 4401:35-42-Vol 30--9 115 116 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the S. W. O. C. Pursuant to notice, a hearing was held on February 13, 1941, at Dixon, Illinois, before Stephen M. Reynolds, the Trial Examiner duly designated by the Board. The Company was represented by counsel and the S. W. O. C. by its representatives, and both partici- pated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues, was afforded all parties. During the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Reynolds Wire Company, an Illinios corporation having its prin- cipal office and place of business at Dixon, Illinois, is engaged in the manufacture of wire cloth. The Company's annual purchases of raw materials are valued at aproximately $250,000, of which about 45 per cent are received from points outside the State of Illinois. The Company annually sells finished products valued at approximately $700,000, about 82 per cent of which are shipped to destinations out- side the State of Illinois. IT. THE ORGANIZATION INVOLVED Steel Workers Organizing Committee, Local Union No. 2086, is a labor organization affiliated with the Congress of Industrial Organ-. izations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION During September 1940, and at various other times the S. W. O. C. requested recognition as the exclusive bargaining agency for the Company's employees. On each occasion the Company refused to grant exclusive recognition. A statement prepared by the Regional Director and introduced at the hearing, shows that the S. W. O. C. represents a substantial number of employees in the unit found below to be appropriate.2 2 The Regional Director's statement shows that 92 employees , whose names appear on the Company's pay roll of February 1, 1941, have signed authorization cards in the Union. There were approximately 389 employees in the appropriate unit on February 1, 1941. In addition , there was testimony at the hearing by the financial secretary of the S. W 0 C. that 219 employees were members of the S W. O. C. REYNOLDS WIRE COMPANY 117 We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has, arisen, occurring in connection with the operations of the Company, described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The S. W. 0. C. and the Company agree that all production and maintenance employees of the Company, excluding foremen, assistant foremen, supervisors, and office, clerical, and cafeteria employees, constitute an appropriate unit. We see no reason for departing from the desires of the parties. We find that all production and maintenance employees of the Company, excluding foremen, assistant foremen, supervisors, and office, clerical, and cafeteria employees,, constitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining, and otherwise effec- tuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. The parties agreed at the hearing that in the event the Board directed an election, eligibility of employees to vote should be determined by the Company's pay roll of February 1, 1941. We find that the em- ployees of the Company eligible to vote in the election shall be those in the appropriate unit whose names appear on the Company's pay roll of February 1, 1941, subject to such limitations and additions as are set forth in the Direction of Election. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: CONCLUSIONS OF LAw 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Reynolds Wire Company, Dixon, Illinois, 118 DECISIONS OF NATIONAL LABOR- RELATIONS BOARD within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company, excluding foremen, assistant foremen, supervisors, and office, clerical, and cafeteria employees, constitute a unit appropriate for the purl poses of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 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, and 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 authorized by the Board to ascertain representatives for the purpose of collective bargain- ing with Reynolds Wire Company, Dixon, 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 13th Region, acting in this matter as agent for the National Labor Re- lations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all production and maintenance employees of the Company who were employed during the pay-roll period ending February 1, 1941, including employees who did not work during such pay-roll, period because they were ill or on vacation, or absent because called for military service, and employees who were then or have since been temporarily laid off, but excluding foremen, assistant foremen, supervisors, and office, clerical, and cafeteria em- ployees, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Steel Workers Organizing Committee, Local Union No. 2086, affili- ated with the C. I. 0., for the purposes of collective bargaining. MR. WILLIAM M. LEISERSON, dissenting : Since there is an Order outstanding against the Company in a proceeding involving unfair labor practices 3 and since the Company has not complied with such Order, I would not direct an election until there has been compliance with the Board's Order. 8 Matter of Reynolds Wire Company and Lodge 2086 Amalgamated Association of Iron, Steel, and Tin Workers of North America through Steel Workers Organizing Committee affiliated with the Congress of Industrial Organizations, 26 N. L R B 662 ISAME TITLE] SUPPLEMENTAL DECISION AND ORDER April 9, 1941 On March 7, 1941, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in this proceeding. Pursuant to the Direction of Election, an election by secret ballot was conducted on March 26, 1941, by the Acting Re- gional Director for the Thirteenth Region (Chicago, Illinois). On March 27, 1941, the Acting Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties his Election Report. No objections to the conduct of the ballot or to the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list_____________________________________ 383 Total ballots cast___________________________________________ 353 Total ballots challenged _____________________________________ 0 Total blank ballots_________________________________________ 0 Total void ballots------------------------------------------ 0 Total valid votes cast_______________________________________ Votes cast for Steel Workers Organizing Committee, Local 353 Union No 2086, affiliated with the C. I. O_________________ 163 Votes cast against Steel Workers Organizing Committee, Local Union No. 2086, affiliated with the C I. O_______________ 190 The results of the election show that no collective bargaining rep- resentative has been selected by a majority of the employees of the Company in the unit heretofore found to be appropriate for collec- tive bargaining. We will, therefore, dismiss the petition for inves- 119 120 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tigation and certification of representatives of employees of the, Company. ORDER By virtue of Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of Na- tional Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY ORDERED that the petition for investigation and certifi- cation of representatives of employees of Reynolds Wire Company, filed by Steel Workers Organizing Committee, Local Union No. 2086, affiliated with the C. I. 0., be, and it hereby is, dismissed. 30 N. L. R. B., No. 20a.