The Globe Co.

National Labor Relations Board - Board Decisions

Mar 17, 1945

60 N.L.R.B. 1312 (N.L.R.B. 1945)

In the Matter of THE GLOBE COMPANY and UNITED PACKINGHOUSE
WORKERS OF AMERICA, C. I. O.
Case No. 13-R-837.-Decided March 17, 1945
Fyffe cfi Clark by Mr. Albert J. Smith, of Chicago, Ill., for the Com-
pany.
Mr. Joseph Kinch, of Chicago , Ill., for the CIO.
Messrs. John L. Riano and F. W. Gasaway, of Chicago , Ill., for Dis-
trict 50 , U. M. W. A.
Mr. Bernard Goldberg, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Packinghouse Workers of
America, C. I. 0., herein called the CIO, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of The Globe Company, Chicago, Illinois, herein called the.
Company, the National Labor Relations Board provided for an ap-
propriate heariifg upon due notice before J. G. Evans, Trial Ex-
aminer. Said hearing was held at Chicago, Illinois, on February 13,
1944. The Company and the CIO appeared and participated.' All
parties were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence -bearing on the
issues. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were af-
forded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Globe Company, an Illinois corporation, is engaged in the
manufacture and distribution of equipment and machinery for pack-
1 Representatives of District 50, U. M W. A . appeared at the hearing but , although
afforded the opportunity , refused to intervene or participate in the proceeding.
60 N. L R B., No. 226
1312
THE GLOBE COMPANY 1313
ink houses at its plant in Chicago, Illinois. During the 1944 calendar
year, the Company purchased raw materials valued in excess of
$50,000, of which more than 50 percent was shipped to the plant from
points outside the State of Illinois. During the same period, the
Company produced and distributed products of a value exceeding
$50,000, more than 50 percent of which was transported from the plant
to points outside the State of Illinois.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Packinghouse Workers of America, affiliated with the Con-
gress of Industrial Organizations, is a labor organization admitting
to membership employees of the Company. -
III. THE QUESTION CONCERNING REPRESENTATION
The Company has ignored a request from the CIO for recognition
as the collective bargaining representative of the former's employees.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the CIO represents a substantial number of em-
ployees 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 Act.
IV. THE APPROPRIATE UNIT
The CIO seeks a unit comprising all production and maintenance
employees, including cafeteria employees, the assistant supervisor of
the steel storage department, the assistant supervisor of the stores de-
partment in charge of the tool crib, and the supervisor of the black-
smith department, but excluding office clerical employees, timekeepers,
time-study men, tool designers, production checkers, expediters, clerk
in the stores department, guards, electricians, truck drivers, and all
supervisory personnel. The Company agrees generally with the ap-
propriateness of the aforesaid unit. However, it would exclude the
cafeteria employees, the assistant supervisor of the steel storage de-
partment, ,the assistant supervisor of the stores department in charge
of the tool crib, and the supervisor of the blacksmith department, but
include the clerk in the stores department.
2 The Field Examiner reported that the CIO submitted 269 designation cards , that the
names of 210 persons appearing on the cards were listed on the Company's pay roll of
January 29, 1945, which contained the names of 347 employees in the appropriate unit,
and that the cards were dated in December 1944 and January 1945
District 50, U M . W A. submitted 49 designation cards . The names of 34 persons
appearing on the cards were contained in the aforesaid pay roll The cards were dated
between August and October 1944 , except 11 cards ww hich were undated.
628563-45-vol 60--84
1314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The cafeteria facilities, located in one of the plant buildings and
used by all employees, are operated by a chef, who is in charge and
admittedly has supervisory authority, an assistant cook, a dishwasher,
and a waitress. While the functions performed by the cafeteria em-
ployees are not directly connected with the production processes, the
interests of cafeteria and production and maintenance employees are
not so dissimilar that both groups cannot properly be represented in
a single unit. We shall include them.3
The assistant supervisor of the steel storage department, the assist-
ant supervisor of the stores department in charge of the tool crib, and
the supervisor of the blacksmith department all have the power effec-
tively to recommend a change in the status of employees whose work
they supervise. Their powers in this respect are- simlar to those of
other supervisors and assistant supervisors whom both parties agreed
to exclude as supervisory employees. We find that the assistant super-
visor of the steel storage department, the assistant supervisor of the
stores department in charge of the tool crib, and the supervisor of the
blacksmith department are supervisors within the Board's customary
definition and we shall exclude them from the unit.
The clerk in the stores department divides his time between han-
dling material and keeping records pertaining thereto. Since he
works along with other employees in the department who are part of
the unit and is under similar supervision, we shall include him 4
We find that all production and maintenance employees of the Com-'
pany, including cafeteria employees, and clerk in the stores depart-
ment, but excluding office clerical employees, timekeepers, time-study
men, tool designers, production checkers, expediters, guards, elec-
tricians,5 truck drivers,6 chef, foremen, supervisors, assistant super-
visors, and all other supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The parties disagree as to the right of three part-time employees
to participate in the election. Two of the three part-time employees
are students who work between 10 and 15 hours per week as helpers
3 Matter of Norwalk Tire ct Rubber Company, 57 N L. R B 1520 ; Matter of Republic
Aircraft Products Division-The Aviation Corporation, 30 N. L R. B 269.
4 Matter of Chicago Rawhide Manufacturing Company, 59 N L R.,B. 1234 , and cases
cited therein.
'The electricians are presently represented by the International Brotherhood of
Electrical workers.
',The, truck drivers are represented by" the International Brotherhood of Teamsters,
Chauffeurs , Warehousemen & Helpers of America. -
THE GLOBE COMPANY 1315
in the assembly department; one of the students has been so employed
for about a year, the other for about 3 months. The third part-time
employee has a regular job elsewhere but works about 10 hours a week
for the Company as a welder. The CIO maintains that the part-time
-workers with a regular job elsewhere should be allowed to vote but
not the students. The Company, to the contrary, contends that the
adult part-time worker should be held ineligible to vote since he is
expected to be inducted into the Army shortly but that the students
should be declared eligible. We shall permit all three part-time em-
ployees to vote in the election since they are regularly employed and
therefore have sufficient interest in the terms and conditions of their
employment to entitle them to a voice in the selection of a bargaining
representative.
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 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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Globe Com-
pany,Chicago, Illinois, an election by secret ballot shall be conducted
as early as possible, but not later than sixty (60) days from the date
Cf 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, Sec-
tions 10 and 11, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed during `the „pay-roll period immediately preceding the date
of this Direction, including employees who did not work during the
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
those employees who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the election,
to determine whether or not they desire to be represented by United
Packinghouse, Workers of America, C. I. 0., for the purposes of collec-
tive bargaining.