Faries Manufacturing Co.

In the Matter of FARIES MANUFACTURING COMPANY and LODGE 493, INTERNATIONAL ASSOCIATION OF MACHINISTS, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-411. Decided January 17, 19112 Jurisdiction : brass goods manufacturing industry. Investigation and Certification of Representatives : existence of question : re- fusal to accord union recognition until certified by the Board; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees, including truckers, packers, shipping clerks, and crating, stockroom, and painting employees, but excluding office workers, supervisors, non-working foremen, temporary inspectors, salesmen, janitors, and watchmen. LeForaee. Samuels d Miller. by Mr. Thomas W. Samuel& of Decatur, Ill., for the Company. - Mr. J: T. Farr, of Springfield, Ill., for the I. A. M. Mr. Robert E. Tillman, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On October 28, 1941, Lodge 493, International Association of Ma- chinists, affiliated with the American Federation of Labor, herein called the I. A. M., filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affect- ing commerce had arisen concerning the representation of employees of Faries Manufacturing Company, Decatur, Illinois, 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 December 4, 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 authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 38 N. L. R. B., No. 80. 399 400 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD On December 8, 1941, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the I. A. M. Pursuant to notice,- a hearing was held on December 22, 1941, at Decatur, Illinois, before Stephen M. Reynolds, the Trial Examiner duly designated by the Chief Trial Examiner. The Com- pany and the I. A. M. 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 made various 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 - 1. THE BUSINESS Or THE COMPANY The Company, an Illinois corporation, is engaged in the manu- facture, sale, and distribution of brass goods, such as lighting fixtures and products made of wire. Its sole factory is located at Decatur, Illinois. The Company purchases annually over $100,000 worth of raw materials, some 50 to 60 per cent of which comes from outside the State. Annual sales exceed $250,000; 50 to 60 per cent of this amount involves shipments to points outside Illinois. II. THE ORGANIZATION INVOLVED Lodge 493, International Association of Machinists, is a labor or- ganization affiliated with the American Federation of Labor. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to enter into any bargaining contracts until an election- has been held and the proper representative has been certified by the Board. The I. A. M. has submitted to the Regional Director evidence showing that it represents a substantial number of employees in the unit hereinafter found appropriate? ' The Regional Directoi 's statement shows that 195 union membership cards were submit- ted, of which 7 are dated October 1941, 29 are dated September 1941, 19 are dated August 1941, and 140 aie undated . All the signatures appear to be genuine though not checked against a' pay roll since none was submitted . The Company employs approximately 321 employees. FARIES MANUFACTURING COMPANY 401 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 com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT The I. A. M. contends that the appropriate unit should encompass all production and maintenance employees, including truckers, pack- ers, shipping clerks, inspectors, and crating, stockroom, and painting employees, but excluding office workers, supervisors, non-working foremen, salesmen, janitors, and watchmen. The Steel Workers Or- ganizing Committee, had a contract with the Company which covered substantially the same groups of employees as are here sought by the I. A. M. This contract expired June 1, 1941.2 The Company objects to the inclusion of truckers, building main- tenance employees, and temporary inspectors. All three of these groups are eligible for membership in the I. A. M. The work of the truckers, who distribute raw materials, supplies, and finished products within the plant, is closely related to that of production employees. Building maintenance employees perform duties related to the upkeep of the plant buildings. Both groups are normally in- cluded in a production and maintenance unit, and the Company-has offered no convincing reason as to why they should be excluded in this case. We will include them in the unit. In the case of tem- porary inspectors, a different problem is presented. The Company has no permanent inspectors, but employs temporary inspectors as current production contracts demand. Of the 40 inspectors em- ployed at the time of the hearing, 15 were to be dismissed within two weeks, the remainder within two and one-half months. We will exclude the temporary inspectors from the unit, since their interest in selecting a bargaining representative is slight inasmuch as their employment will terminate in a short time upon the completion of certain work now in progress. We find that all production and maintenance employees, including truckers, packers, shipping clerks, and crating, stockroom, and 2 The S W. O. C notified the Regional Director by letter dated November 25, 1941, that it no longer claimed to represent any employees of the Company. 438861-42-vol. 38-27 402 DECISIONS, OF NATIONAL LABOR RELATIONS BOARD painting employees, but excluding office workers, supervisors, non- working foremen, temporary inspectors, salesmen, janitors, and watchmen, constitute a unit appropriate for the purposes of collec- tive '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 will effectuate the policies of the' At. VI. THE DETERMINATION OF REPRESENTATIVES We' find that the question concerning representation which has arisen tail best be resolved by the holding of an election by secret ballot, and we shall so direct. Those eligible to vote shall be the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of our Direction of Election, subject to the limitations and additions set forth therein. 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 11. A question affecting commerce has arisen concerning the repre- sentation of 'employees of Faries Manufacturing Company, Decatur, Illinois, within the meaning" of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production and maintenance employees of the Company, including truckers, packers, shipping clerks, and crating, stockroom, and painting employees, but excluding office workers, supervisors, iiori-working foremen, temporary inspectors, salesmen, janitors, and «atchmeii, constitute a unit appropriate for the purposes of collective bargaining within,the meaning of Section 9 (b) of the 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 ordered by the Board to ascertain representatives for the purpose of collective bargaining with Faries Manufacturing Company,' Decatur, 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 the direction and supervision of the Regional Director for the Thirteenth, Region, acting in this matter as agent for the National 438861-42-vol. 38-25 FARIES MANUFACTURING COMPANY 403 Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all production and maintenance em ployees of the Company who were employed during the pay-roll period immediately preceding the date of this Direction of Election, .including truckers, packers,-shipping clerks, and crating, stockroom, and painting employees, and 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, brit excluding office workers, supervisors, non-work- ing foremen, temporary inspectors, salesmen, janitors, watchmen, and those employees who have since quit or been 'discharged for cause, to determine whether or not they desire to `be represented by Lodge 493, International Association of Machinists; affiliated with the American Federation of Labor, for the purposes of collective bargaining.