Borg Warner Corp.

In the Matter of INGERSOLL STEEL & DIsc DIVISION, BORG WARNER CORPORATION-CHICAGO WORKS and METAL TRADES DEPARTMENT, AMERICAN FEDERATION OF LABOR Case No. R-2481.Decided May 5, 1941 Jurisdiction : disc and miscellaneous stamping manufacturing industry. Investigation and Certification of Representatives : existence of question: stip- ulated that Company refused to accord union recognition until it was certified by the Board'; pay roll agreed to by the union and not objected to ,by tile Company to determine eligibility ; election necessary. Unit Appropriate for Collective Bargaining : all employees, excluding drafts- men, technical engineers, nurses, clerical, and supervisory employees ; agreement as to. Pope and Ballard, of Chicago, Ill., by Mr. Ralph E. Bowers, for the Company. Mr. A. J. Eberhardy and Mr. Joseph Besclt, of Chicago, Ill., for the A. F. L. Union. Mr. John J. Brownlee, of Chicago, Ill., and Mr. Raymond Farocco, of Harvey, Ill., for the S. W. O. C. . Mr. Louis S. Penfield, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On_ March 28, 1941, Metal Trades Department, American Federa- tion of Labor, herein called the A. F. of L. Union, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affecting commerce had arisen con- cerning the representation of employees of Ingersoll Steel & Disc Division, Borg Warner Corporation-Chicago ' Works;,.Cliicago,- Illi- nois, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9' (c) of • the National Labor Relations Act, 49 Stat. 449, herein called the Act. On April' 11, 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 Regula- tions-Series 2, as amended, ordered an investigation and authorized 31 N. L R. B., No. 99. 1 592 INGERSOLL STEEL & DISC DIVISION 593 the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On April 11, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company , upon the A. F. of L: Union , and upon Steel Workers Organizing Committee, herein called the S. W. O. C., a labor organization claiming to represent employees directly affected by the investigation . Pursuant to notice, a hearing. was held on April 18, 1941, at Chicago, Illinois, before Lester Asher, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the A. F. of L. Union, and the S. W. O..C. were represented by counsel and participated in the hearing. Full opportunity to be heard , to examine and to cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evi- dence. 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 1. THE BUSINESS OF THE COMPANY ' Ingersoll Steel & Disc Division , Borg Warner Corporation-Chi- cago Works is engaged in business at its Chicago plant, in the manu- facture of agricultural implement discs , truck wheel discs, washing- machine tubs , beer barrels , automobile truck discs , automobile truck covers, refrigerator parts, furnace parts, metal sun screens, and miscellaneous stampings . Other divisions of the Company are lo- cated at New Castle, Indiana, and Kalamazoo , Michigan. This pro- ceeding is concerned solely with employees at the Chicago plant. The principal raw materials used at the Chicago plant are high carbon and mild'steel slab, cold and hot rolled -sheets, stainless steel sheets, and enameling steel . The Company uses annually in excess of 40,000 tons of such raw materials valued at, an average- of $42 a ton at 'its Chicago plant, 80 per cent of which , by value, is purchased in States outside the State of Illinois. Eighty per cent of the prod- ucts manufactured in the Chicago plant annually , valued in excess of $4,000,000 , are shipped to customers outside the State of Illinois. II.- THE ORGANIZATIONS INVOLVED Metal Trades Department, American Federation of Labor, is a labor organization affiliated with the American 'Federation, of -Labor. It admits'to membership employees,of the Company. - 594 DECISIONS OF NATIONAL-LABOR RELATIONS BOARD Steel Workers Organizing Committee is -a labor organization affiliated with the Congress of Industrial Organizations. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company and the A. F. of L. Union stipulated at the hearing that on March 25, 1941, the A. F. of L. Union requested recognition as the statutory representative of employees of the Company and that at a conference on March 27, 1941, the Company refused such recog- nition until the Union was certified as such representative by the Board. A statement of the Regional Director introduced into evidence together with a supplemental statement read into the record by the Trial Examiner show that the A. F. of L. Union and the S. W. O. C. represent a substantial number of employees in a collective bargain- ing unit hereinafter found to be appropriate.' 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 'fii4d 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 com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT The A. F. of L. Union and the S. W. O. C. agree, and we find, that all employees of the Company at its Chicago plant, excluding draftsmen, technical engineers, nurses, clerical, and supervisory em- ployees constitute a unit appropriate for the purposes of collective bargaining.2 We find that such unit will insure to employees of 1 The Regional Director stated that 474 authorization cards were submitted by the A. F. of L. Union, 307 dated between January and March 1941, 77 undated , and that 392 bore the names of persons on the pay roll submitted by the Company. At the hearing the Trial Examiner stated that 71 additional authorization cards were submitted to him, by the A F of L Union, one dated in April 1940, one dated February 1941, 13 dated in March 1941, 49 in April 1941 , and 7 undated, and that such cards were not checked against any pay roll of the Company. The Regional Director also stated that 105 authorization cards were submitted to him by the S. W. 0 C., 74 dated between February and October 1940, 18 between February and March 1941, and that 72 of such cards bear the names of persons on the pay roll submitted by the Company . The pay roll used for comparison of both the A F of L. Union and S. W O. C cards contains the names of 896 persons 2 The Company took no position in regard to the appropriate unit. INGERSOLL STEEL & DISC DIVISION 595 the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate 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 A. F. of L., Union and the S. W. O. C. agreed that if an election should be held the eligibility of voters should be determined by the pay roll ending April 19, 1941. The Company took no position on this question. We see no reason to depart from the desire of the parties. Accordingly, we shall direct that those eligible to vote in the election shall be the employees in the appropriate unit who were on the Company's pay roll of April 19, 1941, subject to such limitations and additions as are set forth in our Direction of Election herein. 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 represen. tation of employees of Ingersoll Steel & Disc Division, Borg Warner Corporation-Chicago Works, Chicago, Illinois, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor" Relations Act. 2. All employees of the Company at its Chicago plant, excluding draftsmen, technical engineers, nurses, clerical, and supervisory em- ployees constitute a unit appropriate for the purposes 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 Rela- tions Act, 49 Stat. 449, 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 purposes of collective bargaining with Ingersoll Steel & Disc Division, Borg Warner Cor- poration-Chicago Works, 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 of Election, under 441843-42-vol. 31--39' 596 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the direction and supervision of the Regional Director for the Thir- teenth Region, acting in this matter as agent for the National Laboi Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among all employees of the Company-at its Chicago plant whose names appear on the .Company's pay roll of April 19, 1941, 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 temporarily laid off, but excluding draftsmen, technical engineers, nurses, clerical, and super- visory employees and employees who have since quit, or been dis- charged for cause, to determine whether they desire to be represented by Metal Trades Department, American Federation of Labor, or by Steel Workers Organizing Committee, affiliated with the C. I. 0., for purposes of collective bargaining, or by neither. [SAME TITLE] AMENDMENT TO DIRECTION OF ELECTION May 20, 1941 On May 5, 1941, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election-in the above-entitled proceeding. - The Board had been advised by the Regional Director that the in- tervenor in .this proceeding, Steel Workers -Organizing Committee, notified him that it desired to have its name withdrawn from the ballot and that all parties ,concur in its request. The request is hereby granted. The Board hereby amends the aforesaid Direction of -Election by striking therefrom the words "whether they desire to be represented by Metal Trades Department, American Federation of Labor, or by Steel Workers Organizing Commitee, affiliated with the C. I. 0., for purposes of collective bargaining, or by neither," and substituting therefore the words "whether or not they desire to be represented by Metal Trades Department, American Federation of Labor, for the purposes of collective bargaining." 31 N. L. R. B., No. 99a. -