Mills Novelty Co.

National Labor Relations Board - Board Decisions

Jan 18, 1943

46 N.L.R.B. 1207 (N.L.R.B. 1943)

In the Matter Of MILLS NOVELTY COMPANY and INDEPENDENT
EMPLOYEE'S ASSOCIATION
Case No. R-41554.-Decided January 18, 1943
Jurisdiction : ordnance manufacturing industry.
Investigation and Certification of- Representatives : existence of question : refusal
to accord recognition because appropriateness of unit disputed; election neces-
sary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at one of Company's three plants, including stationary engineers,
electricians, pipefitters and working group leaders, but excluding office and
clerical employees, supervisory employees above the rank of working group
leaders, and armed guards. o
Fyffe and Clarke, by Mr. David R. Clarke, of Chicago, Ill., for the
Company.
Winston, Strawn & Shaw, by Mr. George R. Christensen and Mr.
Frank B. Gilmer, of Chicago, Ill., for the Independent.
Mr. Herman Clott, of Chicago, Ill., for the C. I. O.
Mr. William C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Independent Employee's Association,
herein called the Independent, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Mills
Novelty Company, Chicago, Illinois, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Lester Asher, Trial Examiner. Said hearing
was held at Chicago, Illinois, on December 11, 1942. The Company,
the Independent, and International Union of Mine, Mill & Smelter
Workers, C. I. 0., herein called the C. I. 0., appeared, participated,
and were afforded full opportunity to be heard,' to examine and
I International Brotherhood of Electrical Workers, Local V-713 (A. F. of L ) although
served with notice of the hearing did not appear.
46 N. L. R. B., No. 148.
1207
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1208 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cross-examine witnesses, and to introduce evidence 'bearing upon the
issues. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. The Independent
filed a brief which the Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Mills Novelty Company is an Illinois'corporation engaged at three
plants located in Chicago, Illinois, in the business of manufacturing
certain war materials. Prior to the war the Company manufactured
refrigerators, music machines, and various types of vending machines.
During the calendar year 1941 the Company used raw materials con-
sisting of steel, copper, brass, iron, and various other raw metals valued
in excess of $1,000,000, approximately 30 percent of which was pur-
chased and shipped to the Company from points outside the State of
Illinois. During the same period the Company manufactured finished
.products valued in excess of $2,000,000, approximately 30 percent of
which was shipped to purchasers outside the State of Illinois. The
Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
H. TIIE ORGANIZATIONS INVOLVED
Independent Employee's Association, is an unaffiliated labor organi-
zation, admitting to membership employees of the Company. '
International Union of Mine, Mill & Smelter Workers is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about September 28, 1942, the Independent requested recogni-
tion as the exclusive bargaining representative for the employees of the
Palmer Street plant of the Company. The Company refused to grant
such recognition on the ground that the alleged unit was inappropriate.
A statement of the Regional Director, introduced in evidence at the
hearing, indicates that the Independent represents a substantial num-
ber of employees in the unit hereinafter found appropriate.2
2 The report of the Regional Director states that the Independent submitted 286 undated,
member ship pledge cards bearing apparently ' genuine signatures ; that the Independent
alleged that all the cards it submitted were signed subsequent to September 1, 1942 The
report further states that the C I . O. submitted 40 application -for,-membership cards bear-
ing apparently genuine signatures ; that of these cards 2 were undated and the balance were
dated between September and November 1942 ; and further that the Company did not submit
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MILLS NOVELTY COMPANY 1209
We find that a luestion affecting commerce - has arisen concerning
the representation of the employees of the Company within the
meaning of 'Section 9 (c) alid-Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Independent claims that all production and maintenance em-
ployees employed at the Company's Palmer Street.plant, excluding
electricians, stationary engineers, pipefitters, office,and clerical em-
ployees, supervisory employees of the rank of assistant foreman or,
Higher and armed guards, comprise an appropriate bargaining unit.
The C. I. 0. agrees that the appropriate unit should be restricted to
the Palmer.Street plant, but would include in the bargaining unit
electricians and pipefitters and would exclude stationary engineers,
timekeepers, and non-working group leaders. The Company took no
position with respect to the inclusions and exclusions, requested by the.
Independent and the C. I. 0. However, the Company does dispute
the contention that the Palmer'Street plant constitutes a single ap-
propriate unit. The Company argues that its three Chicago plants
constitute a single unit.
The Company operates three plants in Chicago, Illinois, located at
4100 Fullerton Avenue, 4535 Palmer Street, and 4646 Lake Street, re-
spectively. The Palmer Street plant is located 11/2 miles from the
Fullerton Street plant, which is 4 miles from the Lake Street plant.
It appears that the Company is engaged in similar-manufacturing,
operations at each of its three plants. With respect to the appropri-
ateness of the Palmer Street plant as a single unit, the record discloses
that materials are shipped directly to and finished products are.
shipped directly from the Palmer Street plant; that there is very little
interchange of employees between the Palmer Street plant and the
other two plants; that the Company maintains a front office at the
Palmer Street plant at which the plant's pay roll is prepared and the
employees paid; that the Palmer Street plant is under the supervision
of an assistant superintendent, and further that the Company has'no
history of collective bargaining relations with any labor organiza-
tion upon a company-wide basis. The two labor organizations in-
volved in this proceeding have organized only the employees of the
Palmer Street plant and there is no other .labor organization con-
a copy of its pay roll but that the Unions stated there were approximately 350 employees
in the alleged unit
At the hearing the C. I O. submitted to the Trial Examiner 16 additional application-for-
membership cards bearing apparently genuine signatures and bearing dates in November
and December 1942; plus 29 application-for-membership cards in the United Electrical,
Radio & Machine Workers of America , C. I 0, together with a letter dated October 31,
1942, in which the UERMW relinquished jurisdiction in organizing the Company to the
C. I O. All of these 26 cards bear apparently genuine signatures , 1 was undated and the
balance were dated between July and September 1942.
1210 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tending for alarger unit. In view of these facts, we are of the opinion
and find that the Palmer Street plant may constitute a separate ap-
propriate unit for the purposes of collective bargaining.3
The Independent and the C. I. 0. desire to exclude stationary engi-
neers' from the unit. They contend that these employees have been
organized-,by an American Federation of Labor craft union and desire
to be represented by that organization. The Independent would ex-
clude the electricians and pipefitters from the unit for the same gen-
eral reason, while the C. I. 0. would' include these employees because
it contends that the appropriate American Federation of Labor craft
unions have disclaimed any interest in these employees. - The record
does not disclose any present organizational activity by American Fed-
eration of Labor craft unions or by any other labor organization with
respect to the stationary engineers, electricians, or pipefitters employed
by the Company at its Palmer Street plant. Under these circum-
stances, we shall include these employees in the appropriate unit since
they are clearly maintenance employees.
The Independent would exclude assistant foremen from the unit
and the C. I. 0. desires the exclusion of non-working group leaders,
while both agree that working group leaders should be included in
the unit. It appears that all group leaders employed at the Palmer
Street plant spend an appreciable amount of time working with the
employees,whom they supervise and instruct. An employee of the
Company testified that the Company employed no one classified as
an assistant foreman in the Palmer Street plant. Since all group
leaders appear to spend an appreciable amount of their time working
with the employees underthem, we shall include working group leaders
in the unit.
The C. I. 0. would exclude timekeepers from the unit on the ground
that they are confidential employees. The timekeepers prepare time
sheets, work cards, and other personnel records of the employees of
the Company. Inasmuch as the C. I. 0. desires their exclusion wind
neither the Independent nor the Company takes any position with re-
spect to these employees, and since their duties are primarily of a
clerical nature, we shall exclude the timekeepers s-from the unit.
We find that all production and maintenance employees employed
in the Company's plant located at 4535 Palmer Street, Chicago, Illi-
nois, including stationary engineers, electricians, pipefitters _and work-
ing group leaders, but excluding office and clerical employees, super-
visory employees above the rank of working group leaders, and armed
guards, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
3 Cf. Matter of John Deere -Harvester Works of Deere d Company and International Union,
United Automobile, Aircraft it Agricultural Implement Workers of America, C I O, 44
N L R B. 335.
MILLS NOVELTY COMPANY 1211
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 employ-
ees '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 2, as amended, it is hereby
DmECrm that, as part of the investigation to ascertain representa-
tives for, the purposes -,of collective bargaining with Mills Novelty
Company of 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, 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 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 employees who,
have since quit or been discharged for cause, to determine whether they
desire to be represented by Independent Employee's Association, or by
International Union of Mine, Mill & Smelter Workers, C. I. O., for the
purposes of collective bargaining, or by neither.
CHAIRMAN Mirrrs took no part in the consideration of the above
Decision and Direction of Election.
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