Boyar- Schultz Corp.

In the Matter of BOYAR-SGHULTZ CORPORATION (mid LOCAL No 1114, UNITED ELECTRICAL, 'RADIO & MACHIN E WORKERS OF AMERICA, C. I. O. Case No. R-3350.-Decided December ?0, 1941 Jurisdiction : tool and die manufacturing industry. Investigation and Certification of Representatives : existence of question : refusal of Company to bargain with union until certified by the Board; election necessary. Unit Appropriate for Collective Bargaining : all tool and die makers, apprentices, production workers and maintenance men of the Company, excluding super- visory, clerical, technical, and sales employees ; agreement as to Fyffe cC Clarke, by 1Ylr. Albert J. S nth, of Chicago, Ill., for the Company. Mr. Louis Torre, of Chicago, Ill., for the Union. Mr. Louis Cokin?„ of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE - On October 29, 1941, Local No. 1114, United Electrical, Radio & 'Machine Workers of America, C. I. O., herein called the Union, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Boyar-Schultz Corporation, Chicago, Illinois, herein called the Company and re- questing an investigation and certification of representatives pursu- ant 'to Section-'9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. November 25, 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 Rela- tions Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional. Director to, conduct it and to provide for an appropriate hearing upon due notice. 37 N. L. R. B., No 133. 814 . BOYAR-SCHULTZ• CORPORATION 815 'On November 26, 1941;, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to notice, a hearing was held on December 3, 1941, at Chicago, Illinois, before Russell.Packard, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the Uiiion were represented and participated 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 course of the hearing the Trial Examiner granted a notion of the Union to amend the petition to set forth correctly the unit. During the course of the hearing the Trial Examiner made several rulings on other notions and on objections to the admission of evidence. The Board has reviewed these rulings 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 : FiNoixos OF FACT 1. THE BUSINESS OF THE COMPANY Boyar-Schultz Corporation is an Illinois corporation with its principal place of business at Chicago, Illinois, where it is engaged in the manufacture of tools , dies, jig fixtures „ gauges, machinery, and piece part production. During 1940 the Company purchased raw materials valued at about $100,000, all of which were shipped to it from points within the State of Illinois . During the first 11 months of 1941, the Company sold finished products valued at about $800,000, approximately 15 per cent of which-was shipped by it to points outside the State of Illinois . The Company admits that it is engaged in commerce within the meaning of the Act. II. Thu ORGANIZATION INVOLVED Local No. 1114, United Electrical, Radio & Machine Workers of America, is a labor organization affiliated with the Congress of Industrial Organizations. It admits to membership employees of the Company. III. THE-QUESTION CONCERNING REPRESENTATION On October 27, 1941, the Union, claiming to represent a majority of the Company's employees, requested the Company to bargain with it. The Company denied this demand until such time as the Union is certified by the Board. A - statement of the Regional Director, introduced into evidence at the hearing, shows that the 816 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Union represents a substantial number of employees in the alleged appropriate unit.' We find that a question has arisen concerning the representation of employees of the Company: 1V. 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 Union and the Company agreed at the hearing, and we find, that all tool and die makers, apprentices, production workers, and maintenance men of the Company, excluding clerical, technical, and sales employees, assistant foremen, foremen, and all other supervisory employees, constitute a unit appropriate for the purposes of collec- tive bargaining. We further find that such unit will insure to employees of the Company the full benefit of their right to self- organization and to collective bargaining and otherwise will 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 the holding of an election by secret ballot. The Union urged that the Company's pay roll of October 27, 1941, be used to determine eligibility to vote in the event the Board directs an election. The Company contends that the pay roll immediately preceding the date of the Direction of Election should be used for this purpose. No reason appears why, in ac- cordance with our usual custom, the pay roll immediately preceding the date of the Direction of Election should not be used for this purpose. We shall direct that the employees of the Company eligible to vote in the election shall be those 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. 1 The Regional Director reported that the Union presented 66 membership application cards There are approximately 160 employees in the alleged appropriate unit. The Trial Examiner made a spot check of the Union 's cards with a pay roll of the Company. BOYAR-SCHTJLTZ CORPORATION 817 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 Boyar-Schultz Corporation, Chicago, Illi- nois, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All tool and die makers , apprentices , production workers, and maintenance men of the Company, excluding clerical, technical, and sales , employees, assistant foremen, foremen , and all other , super- visory employees, constitute a unit appropriate for the purpose 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 of Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 8, of the Na- tional Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Boyar-Schultz Corporation, Chicago, Illinois, an election by se- cret 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 all tool and die makers, apprentices, production workers, and maintenance men of the Company who were employed during the pay-roll period immediately preceding the date of this Direction, 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 ex- cluding clerical , technical, and sales employees , assistant foremen, foremen, all other supervisory employees, and employees who have since quit or been discharged for cause, to determine Whether or not 'they desire to be represented by Local No. 1114, United Elec- trical, Radio & Machine Workers of America, affiliated with the Congress of Industrial Organizations, for the purpose of collective bargaining. Mr. GERARD D. REIi1Y took no part in the consideration of the above Decision and Direction of Election.