Ohmite Manufacturing Co.

National Labor Relations Board - Board Decisions

Jun 24, 1943

50 N.L.R.B. 815 (N.L.R.B. 1943)

In the Matter Of OHMITE MANUFACTURING COMPANY and DISTRICT 50,
UNITED MINE WORKERS OF AMERICA
Case No. R-5428.Decided June 04, 19.3
Mr: Stanford Clinton, of Chicago, Ill., for the Company.
Mr. Vernon Ford, of Chicago, Ill., for the Union.
Mr. Wallace E. Royster, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by District 50, United Mine
Workers of America, herein called the Union, alleging that a ques-
tion affecting commerce has arisen concerning the representation of
employees of Ohmite Manufacturing Company, Chicago, Illinois,
herein called the Company, the National Labor Relations Board pro-,
vided for an appropriate hearing upon due notice before David Kara-
sick, Trial Examiner. Said hearing was held at Chicago, Illinois, on
May 25 and 26, 1943. The Company and the Union appeared, partici-
pated, and were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues., The Trial Exkminer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were af-
forded opportunity to file briefs with the Board.
Upon the entire record of the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Ohmite Manufacturing Company is an Illinois corporation with
its plant and offices in Chicago, Illinois, where it is engaged in the
manufacture of resistors, tap switches, rheostats, and other electrical
equipment. In December 1942, the Company succeeded to the busi-
ness and equipment of David T. Siegel and now conducts its oper-
ations•in three buildings in Chicago, located at 4835 and 4900 Flour-
I International Brotherhood of Electrical Workers (AFL), United Electrical, Radio &
Machine Workers of America (CIO), and United Automobile , Aircraft & Agricultural Im-
plement Workers of America ( CIO) were notified of the hearing , but did not seek to
intervene.
50 N. L . It. B., No. 115.
815
816 DECISIONS OF NAfTIONAL LABOR RE'LAT'IONS BOARD
noy Avenue and at 800' South Cicero Avenue, herein called collec-
tively the Plant. During 1942, the Company and its predecessor
received raw materials having a value in excess of $200,000, of which
more'than 80 percent was shipped to the Plant from points outside
Illinois. During the sane period, the Company and its predecessor
manufactured finished products having a value in excess of $150,000,
of which approximately 90 percent was shipped from the Plant to.
-points outside Illinois. ^ The Company is engaged exclusively in the
manufacture of products used in the prosecution of the war.
The Company concedes, and we find, that it is engaged in commerce,
within the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
District 50, United, Mine Workers of America is a labor organiza-
tion admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 12, 1943, the Union: requested recognition of the Company
as exclusive bargaining representative of the employees in the claimed
unit. The Company refused such recognition.
A statement of the Regional Director introduced into evidence at
the hearing and a statement of the Trial Examiner made at the, hearing,
indicate that'the Union represents asubstantial number of employees
in the unit hereinafter found 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.3' .
IV. THE APPROPRIATE UNIT
The ' parties are in general agreement, in respect, to the, unit,, but
there is.a.dispute as to the inclusion'of certain categories. The,Union
would include, and the Company exclude from the unit the following :
TVorking Supervisors. The Company' employs about 38 such work-
ers who are in_charge of employees in groups ranging in size from 2
to 12. Although about 50 percent of the working supervisors' time is
-2 The Regional Director stated that the Union submitted 369 designations beating apf,
parenlly genuine, oiiginal signatures Forty-four designations were undated and the
remainder were dated from January to May 1943 ^ Two"hundred seventy-three signatures
weie names appearing on the Compan3's pay roll of Apiil,27,' 1943. The pay roll contains
the names of 835 employees within the appropriate unit.
The' Trial Examiner stated t'rat the Union submitted,59 additional designations at the
healing of which 32 bore the apparently genuine,'origrnal signatures of. persons whose
names appear on the Companys pay roll of April 27, 1943 Three designations were
undated and the remainder were dated in April and May 1943.
3 The Company has submitted a letter in which it' states that a substantial number of
employees has left the Company, since the date of the 'pay roll described in footnote 2
and that a larger number of new workers has been employed ' The Company appears to
contend that the Union has lost membership by this turnover and that the Union no longer-
represents a number of employees sufficient to make a substantial showing. " We find no
merit in this contention. -
OI1MITE MANUFACTURING COMPANY 817
spent in production work, they receive a higher hourly rate than pro-
duction employees, lead and instruct employees where necessary, and
recommend the hire and discharge of employees. In accordance with
our settled policy in respect to such employees, we shall exclude them
from the unit.'
Janitors and jani,ty°esses. The Company employs five such workers
who are engaged in cleaning the plant and offices. Their interests,
appear to be similar to those of production employees; their working
conditions and pay are comparable. We find no reason to exclude
them from the unit.
Maintenance men. These six employees work under the mainte-
nance foremen and keep the fixtures and buildings of the Company in
repair. They work among the production workers, under the same
conditions, and in the same buildings. No convincing reason has
been advanced for their exclusion and we shall include them in the
unit.
Tool room and machine shop employees. These employees, 25 in
number, work apart from production employees and are the most
highly skilled workers employed by the Company. We have fret
quently included such skilled employees in an industrial unit where,
as here, no labor organization seeks to represent them in a, separate
unit, and we shall include them here.5
Plant and office expediters. Eight of these are carried on the plant
pay roll, and three on the office pay roll but their duties are identical.
They act as messengers and investigators for the production control
department and the plant foremen in expediting the production of
priority orders. They do no manual work and spend about 50 per-
cent of their time at clerical tasks. We see no reason to differentiate
between these employees and other clerical employees and accordingly,
Ave shall exclude them from the unit.
In consideration of the circumstances discussed above and in ac-
cordance with agreement of the parties, we find that the employees of
the Company at its Chicago plant including janitors and janitresses,
maintenance men, and tool room and machine shop employees, but
excluding-working supervisors, plant expediters, office expediters, the
works manager, the general manager, plant superintendents, assistant
plant superintendents, general foremen, assistant general foremen,
clerical employees, office employees, armed guards, timekeepers, en-
gineers, model makers and experimental machinists in the laboratory,
time-study engineers, and the matron counsellor, constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
4 See Matter of The Maryland Drydock Company, 49 N L R B 733.
L See'Matter of Houdaolle -Hershey Coo^poration, 43 N. L. R. B 726. See also Matter of
Sohn Deere Harvester Works , 44 N. L It. B 335
818 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF ,REPRESENTATIVES
According to the pay roll, 835 persons were employed within the
appropriate, unit on April 27, 1943. ' At the time of the hearing,. ap-
proximately a month later, this number had increased, to 912. The
Company plans to hire 500 additional employees at the rate of -50 to
60 each week. Assuming this rate of increase in employment to re-
main constant, nearly 1,100 employees of an eventual complement of
1,400, forming a representative group in all categories, would be eligi-
ble to vote in an election ordered now. Although the Company would
delay an election until. the number of employees is static, we shall not
require those now employed to delay making a choice of representa-
tives until 'a remainder of less than 25 percent is hired-. Accordingly,
we shall direct that the question concerning representation which has
arisen be resolved by 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 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 Rela-
tions 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 Ohmite Manu-
facturing 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
of the Company in the unit found appropriate in Section IV, above,
wha were employed during the pay-roll period immediately preced-
ing 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 any who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by District 50,
,United Mine Workers of America, for the purposes of collective
bargaining. ,
CHAIRMAN MILLIs took no part, in the 'consideration of the above
Decision and Direction of Election. - ' - -