Ahlberg Bearing Co.

National Labor Relations Board - Board Decisions

Aug 21, 1943

52 N.L.R.B. 48 (N.L.R.B. 1943)

In the Matter of AHLBERG BEARING COMPANY and UNITED' ELECTRICAL,
RADIO & MACHINE WORKERS OF AMERICAS C. I. O.
Case No. R-576.3.-Decided August V1, 1943
Mr. Keith, T. Middleton, of Stamford, Conn., for the Company.
Mr. Ernest De Maio, of Chicago, Ill., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio & Machine
Workers of America, C. I. O.,-herein called the Union, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Ahlberg Bearing Company, Chicago, Illinois,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before. George S.
Freudenthal, Jr., Trial Examiner. Said hearing was held at Chicago,
Illinois, on July 27, 1943. The Company and the Union appeared at
and participated in, the hearing., 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 afforded 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
Ahlberg Bearing Company is an Illinois corporation with its prin-
cipal place of business at Chicago, Illinois, where it is engaged in the
business of processing metal products and producing anti-friction
bearings. During 1942 the Company purchased raw materials from
'Although Ahlberg Employees Benefit Association and International Association of
Machinists were served with notice of hearing, they did not appear.
52 N. L. It B., No. 10.
48
AHLBERG BEARING COMPANY 49
points outside the State of Illinois, valued in excess of $100,000. Du-
ring the same period the Company shipped' finished products to points
outside the State of Illinois, valued in,excess of $2,000,000. The Com-
pany admits for the purpose of this proceeding that it is engaged in
commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 3, 1943, the Union requested the Company to recognize it
as the exclusive collective bargaining representative for the Company's
employees. The company refused this request until such time as the
Union is certified by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found to be 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 Union urges that all production and maintenance employees
of the Company, including set-up men, but excluding clerical em-
ployees, administrative office' employees, office scrub women, the elec-
trician, engineers, timekeepers, expediters, supervisory employees and
Harold Dindinger, Anthony Krischunas, and August Pels, constitute
an appropriate unit. The only controversy with respect to the unit
concerns set-up men.
The Company employs 30 persons classified by it as set-up men.,
The Company contends that they are supervisory employees and should
be excluded from the unit, while the Union would include them. The
set-up men transmit orders of the foremen and assistant foremen to
the production employees. The set-up men give directions to 4 to 12
operators and run off trial pieces on the production machines. They
submit reports to the foremen and assistant foremen concerning the
progress of the operators and raises in pay are based on such reports.
The Company has vested the set-up men with the authority to recom-
2 The Regional Director reported that,the Union presented 371 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany's pay roll of July 10 , 1943. There are approximately 720 employees in the appro-
priate unit.
50 DECISIONS OF NATIONAL LABOR RE'LAIT'IONiS BOARD
mend the discharge of machine operators. We find, in view of all the
facts, that the set-up men herein have supervisory duties and status
and that they should be excluded from the unit.'
We find that all production and maintenance employees of the Com-
pany, excluding clerical employees, administrative office employees,
engineers, the electrician, timekeepers, expediters, office scrub women,
set-up men, and all 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 ap-
propriate for the purposes of collective bargaining, within the mean-
ing of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The Company urges that no election be held in the immediate future
inasmuch as it expects its total complement of employees to reach be-
tween 1,100 and 1,200 by January 1944. At the time of the hearing the
Company employed approximately 120 employees. Inasmuch as over
50 percent of 'the total contemplated complement of employees-is •pies.
ently employed we find that an election by secret ballot at the present
time is proper.
The Company suggests that employees with less than 90 days' serv-
ice should be excluded from voting in the election. It appears that
such employees are not temporary and are considered by the Company
as probationary employees. It is.the Company's intention to retain
such employees on its pay roll after their 90-day probationary period
and their seniority rights are determined by the dates of their entrance
into the service of the Company. We find that such employees are
entitled to participate in the determination of representatives.4
The Company has in its employ approximately 11 high school stu-
dents who were employed for the summer and were so employed with
the expectation that they in all- probability will return to school in the
fall. We conclude that these employees are not eligible to vote.
The Company has in its employ 8 "V-shift" employees. Said em-
ployees work 4 hours each working day and are to be employed for the
duration of the war. We conclude that "V-shift" employees who are
properly within the definition of the unit are eligible to vote.
The Company urges that any of its employees who are presently in
the armed forces of the.United States should be given an opportunity
to vote by mailed ballot. Administrative experience has demon-
strated conclusively that it is impracticable to provide for mail ballot-
3 See Matter of The High Standard Manufacturing Company. Incorporated, 48 N. L. R. B.
706. Cf Matter of Ken-Rad Tube & Lamp Corporation, et al., 50 N. L. R. B. 1010.
4 See Matter of Western Union Telegraph Company, 38 N L R. B. 501
AHLBERG BEARING COMPANY 51
ing. Accordingly, we shall continue our practice of not mailing bal-
lots to such employees.5
We shall direct that the employees eligible to vote in the election
shall be those within 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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECrED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Ahlberg Bearing
Company, 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 em-
ployed 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, C. I. 0., for the purposes of collective
bargaining.
CHAIRMAN Muss took no part in the consideration of the above
Decision and Direction of Election.
° See Matter of Wilson t Co., Inc., 37 N. L. R. B. 944.
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