General Cement Manufacturing Co.

National Labor Relations Board - Board Decisions

Jan 25, 1945

60 N.L.R.B. 221 (N.L.R.B. 1945)

In the Matter Of JULIA M. VALIULIS,- INDIVIDUALLY AND AS TRUSTEE;
STANLEY VALIULIS, ELIZABETH ELLIS, AND RICHARD ELLIS, CO-
PARTNERS D/B/A GENERAL CEMENT MANUFACTURING COMPANY and
UNITED STF,ELWORuERS OF AMERICA , C. I. O.
Case No. 13-R-2803.-Decided, January 25, 1945
Shultz r€ Fahy, by Mr. Edward J. Fahy, of Rockford, Ill., for the
Company.
Mr. W. 0. Parker, of Beloit, Wis., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America, C. 1. 0.,
herein called the Union, alleging that a question affecting'commerce
had arisen concerning the representation of employees of Julia M.
Valiulis, individually and as trustee; Stanley Valiulis, Elizabeth Ellis,
and Richard Ellis, co-partners d/b/a General Cement Manufacturing
Company, Rockford, Illinois, 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 Rockford, Illinois, on January 9, 1945. 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
General Cement Manufacturing Company is a copartnership with
its principal place of business at .Rockford, Illinois, where it is en-
gaged in the manufacture of radio parts. The Company purchases
all raw materials used by it within the State of Illinois. The Company
60 N. L. R. B., No. 46. -
221
D
222 DECISIONS OF NATIONAL LABOR" RELATIONS BOARD
sells products valued in excess of $50,000, annually, 90 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.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining-representative of its employees. - -
A statement of a Field Examiner of the Board, 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 urges that all production and maintenance employees
of the Company, including the receiving clerk, the shipping clerk, and
-the time clerk, but excluding office and clerical employees, executives,
and supervisory employees, constitute an appropriate bargaining unit.
The only controversy with respect to the unit concerns the receiving
clerk and the time clerk. The Company would exclude these em-
ployees from the unit. ' ,
The receiving clerk receives goods, makes a clerical record of them
and physically places the materials in various stock bins. The receiv-
ing clerk has access to raw material costs, which the Company con-
siders confidential. The record discloses that the receiving clerk does
.not exercise any supervisory authority nor does he have access to any
confidential records dealing with labor relations. We shall include
the receiving clerk in the unit.
The time clerk works in the superintendent's office, which is located
in the plant, where she keeps records of time spent on various jobs
and production records. She also checks time cards, and allots the
time into unit costs. The Company contemplates installing a piece-
rate basis of pay for its employees and the records being assembled at
the present time by the time clerk will be used in establishing the piece
rates. We find that the time clerk is essentially a clerical employee
and-we shall therefore exclude-her from the unit.
1 The Field Examiner reported that the Union presented 33 membership application
cards. There are approximately 54 employees in the appropriate unit.
GENERAL CEMENT- MANUFACTURING COMPANY 223
We find that all production and maintenance employees of the Com-
pany, including the receiving clerk and the shipping clerk, but exclud-
ing office and clerical employees, time clerk, executives, and all super-
visory employees with authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees, or effectively rec-
ommend such action, constitute a unit appropriate 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 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 a:dditiohis_^ set -,forth in
the Direction.
DIRECTION OF ELECTION
By virtue of and pusuant 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 Rela-
tions Board Rules and Regulations-Series 3, as amended , it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Julia M. Valiulis,
:individually and as trustee; Stanley Valiulis , Elizabeth Ellis, and
Richard Ellis , co-partners d/b/a General Cement Manufacturing
Company, Rockford , 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 , in 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 United Steelworkers ' of Amer-
ica, C . I.O:, for the purposes of collective bargaining. ..
CHAIRMAN MILLIS took no part in the consideration . of the -above
Decision and Direction of Election.