All-Steel-Equip Co., Inc.

National Labor Relations Board - Board Decisions

Jul 2, 1943

51 N.L.R.B. 21 (N.L.R.B. 1943)

In the Matter of ALL-STEEL.-EQUIP CO., INC. and INTERNATIONAL
BROTHERHOOD OF BLACKSMITHS, DROP FORGERS AND HELPERS
Case No. R-55,56.-Decided July 2, 1943
Fyffe d Clarke, by Mr. Albert, J. Smith, of Chicago, Ill., for the
Company.
Mr. A. J. Eberhardy, of Chicago, Ill., for the Union.
Miss Viola James, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Brotherhood of Black-
smiths, Drop Forgers and Helpers, affiliated with the American Fed-
eration of Labor, herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of
employees of All-Steel-Equip Co., Inc., Aurora, Illinois, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Russell Packard, Trial
Examiner. Said hearing was held at Aurora, Illinois, on June 17,
1943. 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
All-Steel-Equip Co., Inc., is an Illinois corporation engaged at its
two plants in Aurora, Illinois, in the manufacture of sheet metal
products. During 1942 the Company purchased raw materials exceed-
ing $100,000 in value, of which more than 50 percent was shipped to the
51 N. L. R. B., No. 5.
21
22 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Company from points outside the State of Illinois. During the same
period, the sales of finished products exceeded $150,000 in value, more
than 50 percent of which represented shipments moving in interstate
commerce. The Company admits that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Brotherhood of' Blacksmiths, Drop Forgers and
Helpers, affiliated with the American Federation of Labor, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 15, 1943, the Union requested recognition as the exclusive
representative of the employees at Plant No. 1. The Company re-
fused the request on the ground that it had no knowledge of the
claimed representation. The Union now seeks similar recognition
as the representative of the employees at Plant No. 2. The Company
has also refused this request.
The record reveals 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 Act.
IV. -THE APPROPRIATE UNIT
The Union seeks a unit of the production and maintenance em-
ployees of both plants. The Company offers no objection and agrees
with the Union to exclude supervisory employees, foremen and as-
sistant foremen, clerical employees, guards, and temporary summer
employees. We shall exclude these employees. As the employees at
both plants perform similar work and are subject to the same work-
ing conditions, we find that they properly constitute an appropriate
unit.
Accordingly, we find that all production and maintenance em-
ployees of the Company at its two plants at Aurora, Illinois, exclud-
ing clerical employees, guards, temporary summer employees, super-
N
I The Regional Director reported that the Union submitted 122 designations, all bearing
apparently genuine original signatures , of which 114 are the names of persons on the
Company 's pay roll of June 1, 1943; of the 114 cards, 4 were undated and 110 were dated
May 1943.
Th3 Union submitted 82 additional designations to the Trial Examiner who found that
all 82 , dated in May and June 1943 , bear apparently genuine original signatures , and that
09 bear the signatures of persons whose names are listed on the pay roll of June 1, 1943.
The Company employs approximately 300 employees.
ALL-S'TE 'EL-EQUIP CO., INC. 23
visors, foremen , assistant foremen, and any other supervisory em-
ployees with authority to hire, promote, discharge , discipline, or
otherwise effect changes in the status of employees, or effectively
recommmend such action, constitute a unit appropriate for the pur-
poses 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
f 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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with All-Steel-Equip
Co., Inc., Aurora , Illinois, an election by secret ballot shall be con-
ducted 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 mat-'
ter as agent for the National Labor Relations Board, and subject
to Article III, Section 10, 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 not work during
said pay-roll period because they were ill or on vacation or tempo-
rarily laid off , and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding any who have since quit or been discharged for cause, to de-
termine whether or not they desire to be represented by Interna-
tional Brotherhood of Blacksmiths , Drop Forgers and Helpers, affil-
iated with the American Federation of Labor, for the purposes of
collective bargaining.