Mills Novelty Co.

National Labor Relations Board - Board Decisions

Feb 9, 1943

47 N.L.R.B. 409 (N.L.R.B. 1943)

In the Matter of MILLs NOVELTY COMPANY and INDEPENDENT
EMPLOYEE 'S ASSOCIATION
Case No. R-4654
AMENDMENT TO DECISION AND DIRECTION OF
ELECTION
Febriiary 9, 191j3
On January 18, 1943, the National Labor Relations Board issued
a Decision and Direction of Election in the above-entitled proceeding.
In our decision therein we included stationary engineers, electricians,
and pipe fitters in,the appropriate unit. On January 29, 1943, an
Agreement to Exclude was entered into among Independent • Em-
ployee's Association; International Union of Mine, Mill & Smelter
Workers , C. I. 0.; International Union of Operating Engineers, af-
filiated with the American Federation of Labor, herein called the En-
gineers; Local 134, International Brotherhood of Electrical Workers
(A. F. of, L.), herein called the Electricians; and Steamfitters' Pro-
tective Association, Local No. 597, affiliated with the A. F. of L., herein
called the Steamfitters, and duly filed with the Board. The Agree-
ment to Exclude, which is hereby made a part of the record, states
that all parties thereto agree, in view of the evidence' submitted to the
Regional Director, that the Engineers represents all operating and
maintenance engineers included in the unit, that the Electricians repre-
sents all electrical maintenance mechanics included in, the unit, and
that the Steamfitters represents all steam fitters and pipe fitters in-
cluded in the unit. The parties further, agreed that all operating
and maintenance engineers , electrical maintenance mechanics, steam
fitters and pipe fitters employed by the Company at its Palmer Street
plant are skilled crafts' and are members of craft unions, and as such,
have interests that are clearly distinguishable from those of the pro-
duction employees employed by the Company. The parties requested
the Board to amend the afore-mentioned Decision and Direction of
Election by excluding operating and maintenance engineers , electrical
maintenance mechanics , and steam fitters and pipe fitters from the
approprite unit.
346 N. L . R. B 1207
47 N. L. R. B., No. 54.
409
410 DE-CLSIO'NS' OF NATIONAL LABOR RELATIONS BOARD
We included these three groups in the unit because the record did
not disclose that they`had been organized by any craft union. Since
it now appears that they have been, organized and are represented
by such unions,,.and all interested organizations .are agreed to their
exclusion, we shall exclude them. Accordingly the Decision and
Direction of Election issued January 18, .1943, is hereby amended by
striking therefrom the last paragraph in "IV. The appropriate unit"
and substituting therefor the following paragraph :
We find that all production and maintenance employees em-
ployed in the Company's' plant located at 4535 Palmer Street,,
Chicago,_Illinois, including working group leaders, but excluding
operating and maintenance engineers, electrical maintenance
mechanics, steamfitters and pipefitters, office and clerical em-
ployees, supervisory employees above the rank ofi 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.
The Regional Director has advised that a longer period within which
to hold the election is necessary. The Direction of Election is ac-
cordingly amended by striking therefrom the words "not later than
thirty (30) days" and substituting therefor the words "not later than
forty'-five. (45) days."
MR. WM. M. LEISERSON took no part in the consideration of the
amendment to above decision and direction of election.