Driscoll and Co.

National Labor Relations Board - Board Decisions

Jun 2, 1944

56 N.L.R.B. 1169 (N.L.R.B. 1944)

In the Matter of DRISCOLL AND COMPANY and INTERNATIONAL UNION
OF MINE, MILL AND SMELTER WORKERS, C. I. O.
Case No. 13-R-.431j.Decided Jwne 0, 1944
Messrs. Fyffe & Clarke, by Mr. Albert J. Smith, of- Chicago,-Ill.,
for the Company.
Messrs. Hugh Crooks and A. C., Skinner, of Chicago, Ill., for the
Union. .
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union of Mine, Mill
and Smelter Workers, affiliated with the C. I. 0., herein called the
Union, alleging that a question affecting commerce has arisen con-
cerning the representation of employees of Driscoll and 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 May 18, 1944. The Com-
pany 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 Exam=
iner'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
I. THE BUSINESS OF THE COMPANY
Driscoll and Company, an Illinois corporation , is engaged in the
business of electro plating-metal at Chicago ,, Illinois . During the
year 1943, the Company purchased raw materials valued in , excess
56 N. L. R. B., , No. 207.
1169
1170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of $50,000 for use at its Chicago plant, approximately 50 percent of
which was shipped-from points outside the State of Illinois. During
the same period, the Company's sales were in excess of $250,000 in
value, approximately 10 , percent of which was shipped -from its
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.
H. THE, ORGANIZATION INVOLVED
International Union of Mine, Mill and Smelter Workers, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees. of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused'to grant recognition to the Union as the
exclusive bargaining representative of its employees until 'the Union
has-been certified by the Board.
A statement prepared by a Field Examiner, introduced into evi-
dence at the hearing, indicates 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 comprised of all employees of the Company,
including watchmen and the lead man working on the night shift, but
excluding office clerical employees, executives, the superintendent-,
foremen, and' all other supervisory, employees. The Company does
not oppose the unit sought by the Union. ,
We' find, therefore, that all employees of the Company at its Chicago
plant, including watchmen and the lead roan working on the night
shift,2 but excluding office clerical employees, executives, the superin-
tendent, foremen, and all other supervisory employees who have au-
' thority to hire, promote, discharge, discipline, 'or otherwise effect
changes in the status of employees, or effectively recommend- such
action, constitute a unit appropriate 'for the purposes of collective
-bargaining,'within the meaning of Section 9 (b) of the Act.
1 The Field Examiner 's statement shows that the Union submitted 51 authorization cards
These are approximately 92 employees in the unit alleged by the Union to be appropriate.
2 The record shows that the lead man is not a supervisory employee within the meaning
of our usual definition.
DRISCOLL AND COMPANY 1171
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.
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 Driscoll and
Company, Chicago, 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 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 em-
ployees 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 International Union
of Mine, Mill and Smelter Workers, C. I. O., for the purposes of col-
lective bargaining.
[See infra, 56 N. L. R.)' B.. 1716 for Amendment to Direction of
Election.]
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