Crown Stove Works

National Labor Relations Board - Board Decisions

Sep 9, 1944

58 N.L.R.B. 148 (N.L.R.B. 1944)

In the Matter of CROWN STOVE WORKS and AMALGAMATED LOCAL 453,
INTERNATIONAL UNION, UNITED AUTOMOBILE , AIRCRAFT AND AGRI-
CULTURAL IMPLEMENT WORKERS OF AMERICA , UAW-CIO
Case No. 13-R-0565.Decided September 9, 19441
Fyffe & Clarke, by Mr. John Harrington, of Chicago, Ill., for the
Company.
Meyers d Meyers, by MMMr. H. E. Baker, of Chicago, Ill., and Mr. Sam.
Marian, of Chicago; Ill., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
-STATEMENT OF THE CASE
Upon petition duly filed by Amalgamated Local 453, International
Union, United Automobile, Aircraft and Agricultural Implement
Workers of America, UAW-CIO, herein called the Union, alleging
that a question affecting commerce had arisen concerning the represen-
tation of employees of Crown Stove Works, Cicero, Illinois, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Robert T. Drake, Trial
Examiner. Said hearing was held at Chicago, Illinois, on August 18,
1944. The Company and the Union 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. All parties were afforded opportunity to file
briefs with the Board.
Upon the-entire record in the case, the Board makes the following ;
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Crown Stove Works is an Illinois corporation with its principal
place of business at Cicero, Illinois, where it is engaged in the manu-
58 N. L. R. B., No. 28.
148
CROWN STOVE WORKS 149
facture of stoves. During 1943 the Company purchased raw materials
valued in excess of $50,000, over 75 percent of which was shipped to it
from points outside the State of Illinois. During the same period the
Company sold products valued in excess of $100,000, over 50 percent
of which was shipped to points outside the State of Illinois.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Amalgamated Local 453, International Union, United Automobile,
Aircraft and Agricultural Implement Workers of America, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During July 1944, the Union requested of the Company, recognition
as the exclusive bargaining representative of its employees. The
Company refused this request until such time as the Union is certified
by the Board.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that'the Union represents a substantial
number 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 Union urges that all production and maintenance employees of
the Company, including watchmen and inspectors, but excluding office
clerical employees, department heads, foremen, the shipping clerk,
employees in charge of maintenance work and repairs of products, and
any other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit ap-
propriate, for the purposes of collective bargaining. The only con-
troversy with respect to the unit concerns watchmen. The Company
would exclude them from the unit.
The Company employs two watchmen who are neither militarized,
armed, nor uniformed. They make regular rounds of the Company's
premises and perform duties customarily performed by watchmen.
Under the circumstances we shall include them in the unit 2
1The Field Examiner reported that the Union presented 43 authorization cards. There
are approximately 75 employees in the appropriate unit.
2 Matter of North Carolina Finishing Co., 44 N. L. R. B. 681.
150 „DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that all production and maintenance employees of the
Company, including watchmen and inspectors, but excluding office
clerical employees, department heads, foremen, the shipping clerk,
employees in charge of maintenance work and repairs of products, and
any other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit ap-
propriate 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 means of 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 Direction.
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 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Crown Stove
Works, Cicero, 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, Sec-
tions 10 and 11, of said Rules and Regulations, among the employees in
the unit found appropriate in Section IV, above, who were employed
during the pay-roll period immediately preceding the date of this Di-
rection, including employees who did not work-during said pay-roll
period because they were ill or on vacation or temporarily laid off, and
including employees in the armed forces of the United States who pre-
sent themselves in person at the polls, but excluding any who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, to determine whether or not
they desire to be represented by Amalgamated Local 453, International
Union, United Automobile, Aircraft and Agricultural Implement
Workers of America, affiliated with the Congress of Industrial Organ-
izations, for the purposes of collective bargaining.