Stewart-Warner Corp.

National Labor Relations Board - Board Decisions

Jun 29, 1943

50 N.L.R.B. 968 (N.L.R.B. 1943)

In the Matter Of STEWART-WARNER CORPORATION and UNITED
ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL
1154, C. I. O.
Case No. B-5466.-Decided June 29, 1943
Mr. Lester Asher and Mr. Leon A. Rosell, for the Board.
Winston, Strawn c/ Shaw, by Mr. Frank H. Towner, of Chicago,
Ill., for the Company. '
Mr. Ernest De Maio and Mr. Robert Kirkwood, of Chicago, Ill.,
for the United.
Mr. Emory J. Smith, of Chicago, Ill., for the I. B. E. W.,
Mr. Joseph,E. Gubbins, of counsel to the Board.
i
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio & Machine
Workers of America, Local 1154, affiliated with the C. I. 0., herein
called the United, alleging that a question affecting commerce had
arisen concerning the representation of employees of Stewart-Warner
Corporation, Chicago, Illinois, herein called the Company, the Na-
tional Labor Relations Board provided for an, appropriate hearing
upon due notice before Josef L. ' Hektoen, Trial 'Examiner. Said
hearing was held•at Chicago, Illinois, on May 28, and June 1, 1943.
The Company, the United, and International Brotherhood of Elec-
trical Workers, Local B-124, affiliated with the A. F. of L., herein
called the I. B. E. W., appeared, participated, and were afforded full
opportunity to be heard, to examine and 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. All parties were afforded opportunity to file briefs
with the Board.
Upon the entire record in the case,' the Board.makes the following:
' A stipulation entered into by the parties providing for' corrections , in the transcript
of the record herein-` is hereby made a part of the,,recori, and, the transcript is ordered
corrected in accordance tlierewitli.
50 N L. R. B., No. 137.
- 968
STEWART-WARNER CORPORATION - 969
N FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Stewart Warner Corporation is a Virginia corporation licensed to
do business in Illinois. It is engaged in manufacturing enterprises
in various States of the United States. This proceeding involves the
plants located at Chicago, Illinois. The Company' ds engaged at these
plants in the manufacturing, and distribution of automobile acces-
sories, car heaters, radios, and refrigerators, and in the manufacture
of ordnance and aviation material under defense contracts with the
United States Government. The principal raw materials used by
the Company in the manufacture of the products of these plants are
steel , brass, wood, aluminum, copper, bronze, and chemicals. The
Company uses approximately $2,000,000 worth' of such materials
monthly. Approximately two-thirds of these materials are obtained
from sources outside the State of Illinois. During 1940, the Com-
pany sold approximately $45,000,000 worth of products from these
plants. About 90 percent of which products were delivered to places
outside the State of Illinois. The proportions are approximately the
same currently, but the amount of business is probably larger than
in 1940.
II. THE ORGANIZATIONS INVOLVED
United Electrical, Radio & Machine Workers of America, Local
1154, affiliated with the Congress of Industrial Organizations, and
International Brotherhood of Electrical Workers, Local B-134, affili-
ated with the American Federation of Labor, are labor organizations
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 26, 1943, the United notified the Company by letter that
it had been designated as the bargaining representative by a majority
of the Company's employees, and requested exclusive recognition. The
Company failed to reply to the United's request.
A statement of the Regional Director introduced in evidence at the
hearing indicates that the United represents a substantial number of
employees in the unit hereinafter found appropriate.2
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 National Labor
Relations Act.
2 The statement of the Regional Director shows that the United States submitted 4,017
membership cards , all of which bear apparently genuine signatures The cards were dated
as follows : 1 in 1940 ; 169 in 1941 ; 2474 in 1942 ; 1149 in 1943 ; and 224 undated. A cur-
rent pay roll of the Company contains the names of approximately 8800 employees, which
includes the names of a number of employees who are not eligible for the appropriate unit.
A check made with the membership cards against names listed on the pay roll shows that
a substantial percentage of employees has designated the United.
970 DECISIONS OF NATIONAL' ,LABOR, • RE'LATION'S- BOAI.D
IV. THE APPROPRIATE UNIT
The United requests' a unit consisting of all production, mailite.
nance, and'warehouse employees of the Company, in Chicago, Illinois,
excluding employees of the Stewart-Die Casting Division," and ex-
cluding all supervisory employees having the right to hire and dis-
charge or recommend hiring and discharging, all clerical , administra-
tive, sales, and service employees, timekeepers and time-study
employees, all engineering and laboratory employees, tool designers
and draftsmen, blueprint department employees, cafeteria employees,
hospital employees, watchmen, guards, and police, outside truck-
drivers, and electrical maintenance- department employees.'
At the hearing the Company offered no proof as to the appropriate
unit , but urged the inclusion of blueprint employees, time-study em-
ployees, and, tool designers. It also questions the propriety of a
unit composed of warehouse employees and employees of the Diversey
Boulevard plant .5
The -record shows that the warehouse employees are hired at the
personnel office of the,Diversey Boulevard plant and that they are
under the supervision of foremen permanently situated in that plant.
It also reveals that the warehouses are not only used for the customary
storing and shipping purposes but they are also used for the purpose
of subassembling and inspection work, which is integrated with the
,same class of work performed in the Diversey Boulevard plant. Since
it appears that there is considerable administrative and functional
integration between the Diversey Boulevard plant and the ware-
houses, we shall include the employees of the warehouses in the unit.
The record further reveals that the duties of the blueprint and
time-study employees are largely clerical, while the duties of tool
designers are of an engineering nature. The three groups are paid
a weekly wage, receive vacations with pay, and are compensated for
time lost on account of illness; they are all listed on the office pay
roll. We shall exclude them from the unit since their duties and in-
terests are substantially different from those of the production and
maintenance employees.
We find that all production, maintenance, and warehouse employees
of the Company, in Chicago, Illinois, excluding employees of the
Stewart-Die Casting Division, and excluding all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or
s The Stewart-Die Casting Division is a separate plant and representation proceedings
have-resulted in the certification of the Union . See 43 N. L. R. B. 1233.
* The I B . E W. represents three maintenance electricians at the Diversey Boulevard
plant. Since the parties stipulated as to the exclusion of these employees , the I . B. E. W.
no longer has any interest In this proceeding.
6 The two plants referred to in the record as the North and South plant are known
collectively as the Diversey Boulevard plant. The Company operates seven warehouses
located on the North side of the city of Chicago and ranging from three blocks to approxi-
mately 3% miles in distance from the Diversey Boulevard plant.
STEWART WARNER CORPORATION 971
otherwise' effect changes in the status of employees, or effectively
recommend such action, all clerical, administrative, sales, and service
employees, timekeepers, time-study employees, engineering and labor-
atory employees, tool designers and draftsmen, blueprint department
^employeqs, cafeteria, employees, hospital employees, watchmen,
guards, and police, outside truckdrivers, and electrical maintenance
department employees 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 an election by secret ballot 'among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of our Direction of Elec-
tion herein, subject to the limitations and additions set forth in said
Direction. The United requests, which request was unopposed by
the parties, that it be designated on the ballot as United Electrical,
Radio & Machine Workers of America. The request is hereby
granted.
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 Rela-
tions 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 Stewart-Warner
Corporation, 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 the 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
any who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by United Electrical
Radio & Machine 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.