D. O. James Manufacturing Co.

National Labor Relations Board - Board Decisions

Jun 6, 1944

56 N.L.R.B. 1246 (N.L.R.B. 1944)

, In the Matter of D. O. JAMES MANUFACTURING Co. and LOCAL 1114,
UNITED ELECTRICAL , RADIO & MACHINE WORKERS OF AMERICA, C. I. O.
Case No. 13-R-2392.=Decided June 6, 19444
Fyffe cf Clark, by Mr. Albert J. Smith, of Chicago, Ill., for the
Company.
Messrs. Robert Foley and Louis Torre, of Chicago, Ill., for the
Union.
Mr. Joseph Lepie, 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, C. I. 0., herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of D. O. James Manufacturing Co., 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 May 1,
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
D. O. James Manufacturing Co., an Illinois corporation, is engaged
at Chicago, Illinois, in the business of manufacturing speed reducers
and gears. During the year 1943, the Company purchased raw mate-
56 N. L. R. B., No. 224.
- 1246
D. 0. JAMES MANUFACTURING CO. 1247
rials having a value of $25,000, of which more than 50 percent was
shipped to the Chicago plant from points outside the State of Illinois.
During the same period the Company' s sales exceeded $100,000 in
value, of which more than 50 percent was shipped from the Chicago
plant 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
Local' 1114, -United Electrical, Radio & Machine, Workers of
America, affiliated with the Congress of Industrial Organizations, is a
labor organization admitting to membership employees of the Com-
pany.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive
bargaining representative of its employees'until the Union is certified
by the Board in an appropriate unit.
A statement of a,Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found 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. I
IV. THE APPROPRIATE UNIT
The Union and the Company agree that all production and mainte-
nance employees of the Company, including inspection department
employees, but excluding office and clerical employees, watchmen,
guards and supervisory employees, constitute an appropriate unit.
The parties are in disagreement as to the following classifications of.
employees:'
Expediters: The Union asks that these employees be excluded from
the unit, while the Company urges that they be included. There are
four employees in this category. It is the duty of these employees to
follow particular' jobs through various departments in the plant for
the purpose of expediting the completion of orders. Thus, their
duties are related'to the manufacture of finished products and their
interests are akin to those of production employees whom 'the parties
'The Field Examiner reported that the Union submitted 166 authorization cards and
that these are approximately 440 employees in the unit alleged by the Union to be appro-
priate.
I
1248 DECISIONS OF NATIONAL - LABOR ' RELATIONS BOARD
have agreed to include in the unit. Under these, circumstances we
shall include the expediters.2
Shop inspectors: The Union desires that these employees be ex-
cluded from the unit, while the Company urges their inclusion.
There are two employees in this category . The shop inspectors are
responsible for making certain that the first finished product in each
new job conforms to specifications and contains no'flaws. Blueprints
afford a general guide to the shop inspectors. They work in-the shop
beside the production employees . The work of the shop - inspectors
and the employees in the • inspection department, whom the Union
would include in the unit is identical , except that the latter inspect all
finished , products . manufactured by the Company . , We shall include
the shop inspectors in the unit.
Sub f oreman: The Union urges that these employees , of whom there
are 9, be excluded from the unit , while the Company requests their
inclusion . The number of `employees under each subforeman varies
from 6 to 30 . The majority of their time is spent aiding and assisting
new employees in setting up their machines and grinding their tools.
The balance of their time is spent in supervising their work. They
have no authority to hire, discharge, or effectively recommend such
action, even on occasion when they substitute for a foreman in the
latter's absence . At no time do they appear to exercise any discretion
and they are under the direction and supervision of their respective
foremen. Since , they do not fall within our customary definition of
supervisory employees, we shall include them in the unit.
We find that all production and maintenance employees, including
inspection department employees, expediters , shop inspectors , and sub-
foremen , but excluding office and clerical employees , watchinefi,
guards, and all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action , constitute a unit 'ap-
'propriate 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 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
Direction. '
2 Matter of Pangborn Corporation, 53 N. L. R. B. 79.
D. 0. JAMES MANUFACTURING CO. 1249
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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with D. O. James Manu-
facturing Co., 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 f or the Thirteenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article 111, 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 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 present themselves in person at the polls,
but excluding any 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 represented by Local 1114,
United Electrical , Radio & Machine Workers of America, affiliated
with the Congress of Industrial Organizations , for the purposes of
collective bargaining.