Garden City Plating & Manufacturing Co.

National Labor Relations Board - Board Decisions

Feb 25, 1943

47 N.L.R.B. 1047 (N.L.R.B. 1943)

In the'Matter of GARDEN CITY PLATING & MANUFACTURING COMPANY
and INTERNATIONAL UNION OF MINE, MILL AND SMELTER W ORKERS,
C. I. O.
Case No. R-4675.Decided February 25, 1943
Jurisdiction : ordnance manufactui ing industry
Investigation and Certification of Representatives : existence of question: recog-
nition refused; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, including inspectors, set-up men, janitors, and employees in the
shipping'and warehouse departments, but excluding the truck driver, watch-
men, office and clerical employees, and supervisory employees (including fore-
men, night foremen, and assistant foremen).
Mr. David H. Karasick, for the Board.
Mr. I. Harvey Levinson, of Chicago, Ill., for the Company.
Mr. James Pinta and Mr. Ishmael, P. Flory, both of Chicago, Ill., for
the Union.
^ Mr. Joseph E. Cub bins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
- STATEMENT OF THE CASE
Upon petition duly filed by International Uliion of Mine, Mill and
Smelter Workers, affiliated with the C. I. 0., herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of the Garden City Plating & Manufac-
turing Company, Chicago, Illinois, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Robert E. Dickman, Trial Examiner. Said
hearing was held at Chicago, Illinois, on December 16,1942. On Janu-
ary 16, 1943, the Board ordered the record reopened and a further hear-
ing held for the purpose of adducing further evidence with respect
to the appropriate unit. ' Upon due notice to the parties, said hearing
was held at Chicago, Illinois, on January 29, 1943, before Bernard
Cushman, Trial Examiner. At both hearings, the Company and the
Union appeared, participated, and were afforded full opportunity to
47 N. L. R. B, No. 134.
1047
1
1048 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing upon the issues. At the first hearing the Company
moved that the petition be dismissed on the ground, in effect, that
the Union does not have jurisdiction in the industry in which the Com-
pany is engaged. The Trial Examiner reserved his ruling. We find
no merit in the Company's-contention and the motion is hereby denied.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Garden City Plating & Manufacturing Company is an Illinois cor-
poration having its principal offices and its only plant in Chicago,
Illinois, where it is engaged in the production of war materials. Since
the Company has been engaged in the production of war materials, it
has purchased and processed raw materials of substantial quantity
and value, more than 50 percent of which has been shipped to its plant
from points outside the State of Illinois.- During the same period
the Company has sold and distributed substantial quantities of fin-
ished products and materials connected with the war program, more
than 50 percent of which has been shipped from its plant to points out-
side 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 employees of the Company to membership.
III. THE QUESTION CONCERNING REPRESENTATION
It was stipulated between the parties that on October 28, 1942, the
Union addressed a letter to the Company in which it claimed to rep-
resent a majority of the employees and in which it requested a meeting
for purposes of collective bargaining . The Company did not ac-
knowledge the letter and later , after an oral request by the Union, the
Company, refused to recognize the Union.
A statement of the Regional Director , introduced in evidence at the
first hearing , indicates the Union represents a substantial number of
.employees in the unit hereinafter found to be appropriate.'
'The Regional Director's statement shows that the Union submitted 82 authorization
cards, dated between October and December 1942, all of which bore apparently genuine
GARDEN CITY 'PLATING &.MANUFACTURING COMPANY 1049
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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
At the first hearing the Company offered no proof as to the appro-
priate unit but the Company's counsel urged the exclusion of all fore-
men, assistant foremen, and inspectors on the ground that these em-
ployees occupy supervisory positions. He also contended that since
certain departments, particularly the tool department, contained em-
ployees more highly skilled and more highly paid than the' average
production or maintenance employees, the-alleged unit was inappro-
priate. At the second hearing the Company contended that all tool
makers, -screw machine operators, polishers,, sheet metal workers,
platers, milling machine-operators, welders, and set-up men, fall into
the category of highly skilled employees.
In its petition and at the first hearing the Union requested a unit
composed of all production and maintenance employees, including
working foremen, assistant working foremen, and shipping and re-
ceiving department employees, but excluding watchmen, office and
clerical employees, and non-working supervisory employees. At the
second hearing the Union changed its position with respect to the unit
and now requests the exclusion of all foremen, night foremen, and
assistant foremen,-on the ground that these employees have super-
visory authority.. -
The record shows, and we find, in accordance with the present posi-.'
tions,of , the parties, that all foremen, night foremen, and assistant
foremen, have-supervisory authority and for -this reason they shall be
excluded from the unit.
The record shows that there are two categories of inspectors; one
group.known as line inspectors works in various production depart-
ments and the other group works in the so-called inspection department
which is physically separated from the other departments and under,
a separate supervisor. Neither group exercises any supervisory au-
thority and merely report rejected work to the foremen in charge of
the particular department. 'All inspectors are hourly paid and their
wage rates are approximately equal to those of ordinary production
workers. Some of the inspectors spend a .portion of their time rework-
ing parts which do not meet specifications. - We shall include the
inspectors in the unit, since their duties and interests are substantially
the same as those of the production employees.
original signatures , and all of which bore names of persons whose names appear- on-the
Company's pay roll of November 27, 1942. There are approximately 160 persons in the
unit hereinafter found appropriate. -
1050 - DEICISIONS OF NATIONAL LABOR RELATION'S BOARD.
In the case of the set-up men the record-discloses that they are
confined to three departments, ,naively, screw machine department,
machine shop' department, and punch' press department. , Their prin7
cipal duty is setting up the various machines for the operators. They
are hourly paid, and since they are more experienced, their rate of pay
is higher than that of the average production employee but less than
that of assistant foremen. According to the record these employees
do not have supervisory authority. We shall include the set-up men
in the unit, since their duties and interests are substantially the same
as those of the production employees.
We find no merit in the Company's contention that tool makers,
polishers, platers, sheet metal workers, welders, screw machine op-
erators, and milling machine operators, should be excluded from the
unit because these employees are more highly skilled and more highly
paid than the average production employees. They are engaged in
duties normally associated with employees in the various categories
named, and in accordance with our customary practice, we shall in-
clude them in the unit.
The Company employs two janitors who act as sweepers throughout
the various production departments. While the Company takes no
position in respect to these employees the Union seeks to include them
in the unit. Since they are maintenance employees, we shall include
the janitors in the unit.
The Company employs two truck drivers. The Company took no
position with respect to them, but the Union desires their exclusion
because they are members of the Teamsters Union and are not eligible
to membership in the Union. We shall exclude the truck drivers.
We find that all production and maintenance employees, including
inspectors, set-up men, janitors, and employees in the shipping and
warehouse departments,' but excluding the truck driver, watchmen,
office and clerical employees, and supervisory employees (including
foremen, 'night foremen, and assistant foremen), constitute a unit ap-
propriate 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
Direction.
, The warehouse department was erroneously referred to as the receiving department
at the first hearing ; its duties are those common to the ordinary receiving department.
GARDEN CITY PLATING & MANUFACTURING COMPANY 1051
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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Garden City Plat-
ing & Manufacturing 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, 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 such 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 employees who have since quit or been discharged for cause,
to determine whether or not they desire to be represented by Inter-
national Union of Mine, Mill and Smelter Workers, affiliated with,the
C. I. 0., for the purposes of collective bargaining.