Mills Novelty Co.Download PDFNational Labor Relations Board - Board DecisionsJan 18, 194346 N.L.R.B. 1207 (N.L.R.B. 1943) Copy Citation 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 0 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 0 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. 1 Copy with citationCopy as parenthetical citation