Mercury Manufacturing Co.

National Labor Relations Board - Board Decisions

Aug 5, 1944

57 N.L.R.B. 1109 (N.L.R.B. 1944)

I
In the Matter Of MERCURY MANUFACTURING COMPANY and LOCAL 1114,
UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, CIO
Case No.,13-R-'°4..93.Decided August 5, 1944
Mr. Albert J. Smith, of Chicago, Ill., for the Company.
Mr. Louis Torre, of Chicago, Ill., for the Union.
Mr. Philip Licari, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local 1114, United Electrical, Radio &
Machine Workers of America, CIO, herein called the Union, alleging
that a question affecting commerce had' arisen concerning the repre-
sentation of employees of Mercury Manufacturing Company, Chicago,
Illinois, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
George S. Freudenthal, Jr., Trial Examiner. Said hearing was held
at Chicago, Illinois, on June 30, 1944. The Company and the Union
appeared and participated'. All parties 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 an 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
Mercury Manufacturing Company, an Illinois corporation, is en-
gaged at Chicago, Illinois, in the manufacture of industrial power
trucks, trailers and tractors. During the calendar year 1943, the Com-
pany purchased raw materials valued in excess of $500,000, of which
approximately 50 percent was shipped from points outside the State of
Illinois. In the same period, the Company sold finished products
57, N. L R B, No. 165.
1109
1110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
valued-at approximately $100,000, of which in excess of 50 percent was
shipped to points outside the State of Illinois.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
1
Local i114, United `Electrical, Radio & Machine Workers of
America, affiliated with the Congress of Industrial Organizations, is
a labor organization admitting to membership employees of the
Company.,
III. THE QUESTION CONCERNING REPRESENTATION -
On June 5, 1944, the Union sought recognition from the Company
as the exclusive bargaining representative of its production and main-
tenance employees. On June 8, 1944, the Company declined to grant
such recognition.
A statement-of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees, in the unit hereinafter found appro-
priate.'
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 Act.
IV., THE APPROPRIATE UNIT
We find, in substantial accordance with the agreement of the parties,
that all production and maintenance employees of the Company,
including inspectors,2 the expediter, the working foremen on the
assembly floor,3 the master tool maker,' and the set-up man',in the
machine shop,5 but excluding office-and clerical employees, plant
clerks-timekeepers, the day Watchman, engineers, draftsmen, the gen-
eral superintendent, the assistant superintendent, general foremen,
night foremen, head of receiving stores and shipping department, and
all other supervisory employees with authority to hire, promote, dis-
I The Field Examiner reported that the Union submitted 130 designation cards dated as
follows : 92, May 1944 ; 26, June 1944; and 12, undated Ile , further reported that there
were approximately 200 employees in the alleged appropriate unit
2 While the Union seeks to include inspectors , the Company takes no'position with respect
to them It is clear that these employees merely inspect work for accuracy and quality,
and do not exercise supervisory functions within the meaning of our customary definition.
Therefore , they are included in the appropriate unit
Both the Company and the Union took affirmative positions , and were in agreement,
concerning the inclusion or exclusion of all other classifications of employees.
s William Messmer now occupies this position , which is clearly not supervisory.
Max Hoeft now occupies this position. -
Frank Lucas now occupies this position. ,
O
MERCURY MANUFACTURING COMPANY 1111
charge , discipline , or otherwise effect changes in the status of em-
ployees , or effectively recommend such action, constitute a unit appro-
priate 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 an election 'by secret ballot among the em-
ployees 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 Di-'
rection.
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 Rela-
tions 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 Mercury Manu-
facturing Company, 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 , 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, Sections '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 Direction , including employees who did riot
work during said pay-moll period because they were ill or on vacation
or temporarily laid off, and including employees in the armed forces
of the United States who present themselves in person at the polls, but
excluding,those employees who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date
of the election, to determine whether or not they' desire to be rep-
resented by Local 1114, United Electrical, Radio & Machine Workers
of America , CIO, for the purposes of collective bargaining.
CHAIRMAN MILLIS took' no part in the consideration of the above
Decision and Direction of Election.
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