B. F. Sturtevant Co., Western Division Inc.

National Labor Relations Board - Board Decisions

May 10, 1943

49 N.L.R.B. 670 (N.L.R.B. 1943)

In the Matter of B. F. STURTEVANT COMPANY , WESTEIN DIVISION INC.
and FEDERAL LABOR UNION , A. F. OF L.
Ti the Matter of B. F: STURTEVANT COMPANY, WESTERN DIVISION INC.
and DISTRICT 50, UNITED MINE WORKERS OF AMERICA
Cases , Nos. RD792 and 5193, respectively .Decided May 10, 1943
Mr. F. llerlan ,' of Chicago , Ill., and - Mr. Joseph M. Gibson, of La-
Salle, Ill., for the Company.
Mr. Joseph A. Briegel , of Chicago , Ill., for the A. F. of L.
Mr. Joseph Marchesi , Mr. Neal Cella , and Mr. Norman Zens, of
LaSalle, Ill., for District 50.
Mr. Louis C, okin, of counsel to the Board.
DECISION'
AND
DIRECTION' OF ELECTION
STATEMENT OF THE CASE
Upon separate petitions and amended petitions duly filed by Federal
Labor Union, A. F. of L., herein called the A. F. of L., and District 50.
United Mine Workers of America, herein called District 50, alleging
that questions affecting commerce had arisen concerning the represen-
tation of employees of B. F. Sturtevant Company, Western Division
Inc., LaSalle, Illinois, herein called the Company, the National Labor,
Relations Board consolidated the cases and provided for an appro-
priate hearing upon due notice before Russell Packard, Trial Ex-
aminer. Said hearing was held at Chicago, Illinois, on April 19, 1943.
The Company, the A. F. of L., and District 50 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 prej-
udicial error and are hereby affirmed.
Upon the entire, record in the case, the Board makes the following :
49 N. L. R. B., No. 97,
670
B. F. STURTEVANT COMPANY
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
671
B. F. Sturtevant Company, Western Division, Inc., is a Massa-
chusetts corporation operating a plant at LaSalle, Illinois, where it
is engaged in the manufacture of fans, blowers, and allied equipment.
The Company purchases raw materials valued in excess of $750,000
annually for use at its LaSalle plant, approximately 75 percent of
which is shipped to it from points outside the State of Illinois. The
Company manufactures products at its LaSalle plant valued in excess
of $1,000,000 annually, approximately 65 percent of which is 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.
H. THE ORGANIZATIONS INVOLVED
Federal Labor Union is a labor organization affiliated. with the
American Federation of Labor, admitting to membership employees
of the Company.
District 50, United Mine Workers of America is a labor organiza-
tion, admitting to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
On March 8 and April 5, 1943, respectively, District 50 and the
A. F. of L. requested the Company for exclusive recognition. The
Company refuses to recognize either District 50 or the A. F. of L.
until such time as one or the other is certified by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the A. F. of L. and District 50 each repre-
sents a substantial number of employees in the unit hereinafter found
to be appropriate.'
We find that questions affecting commerce have arisen concern-
ing the representation of employees of the Company, within the
meaning of Section 9 (c) of Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The A. F. of L. urges that all employees at the LaSalle plant of
the Company, including shift leaders, but excluding executives,, fore-
1 The Regional Director reported that the A. F. of L. presented 42 membership appli-
cation cards bearing apparently genuine original signatures of persons whose names
appear on the Company 's pay roll of April 3, 1943. He further reported that District 50
presented 25 authorization cards bearing apparently genuine original signatures of per-
sons whose names appear on the Company's pay roll of April 3, 1943. There are approxi-
mately 65 employees in the appropriate unit. '
672 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
men, production foremen, and office and clerical employees, constitute
an appropriation unit. The only controversy with respect to the unit
concerns shift leaders.
The Company has five persons on its pay roll classified as shift
leaders. The A. F. of L. and the Company urge that they be included
in the unit and District 50 that they be excluded. The shift leaders
spend between 70 and 90 percent of their time actually performing
manual labor. They have no authority to recommend the hire or dis-
charge of any employees but may merely recommend discipline.
Under these circumstances we find that shift leaders should be in-
cluded in the unit.
We find that all employees at the LaSalle plant of the Company,
including shift leaders, but excluding executives, foremen, produc-
tion foremen, and office and clerical employees, constitute a unit ap-
propriate for the purposes of collective bargaining, within the mean-
ing of Section 9 (b) of the Act.
V. TIIE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have 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
therein.
District 50, requests that it appear on the ballot as "Sturtevant
Workers Local Union, District 50, United Mine Workers of America."
The request is hereby granted.
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 Rela-
tions 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 B. F. Sturtevant
Company, Western Division- Inc., LaSalle, 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, Section 10, of said Rules and Regu-
lations, among the employees in the unit found appropriate in Section
TAT. above, who were employed during the pay-roll period immedi-
B. F. STURTEVANT COMPANY 673
ately preceding the date of this Direction, including, any such 'em-
ployees who did not work during said pay-roll period because they
were ill or on vacation or temporarily laid off, and including em-
ployees in the armed forces of the United States who present them-
selves in person at the polls, but excluding, any who have since quit
or been discharged for cause, to determine whether they desire to, be
represented by Federal Labor Union, A. F. of L., or by Sturtevant
Workers Local Union, District 50, United Mine Workers of America.
for the purposes of collective bargaining, or by neither.