Faries Manufacturing Co.

National Labor Relations Board - Board Decisions

Jan 17, 1942

38 N.L.R.B. 399 (N.L.R.B. 1942)

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.