Bell and Howell Co.

National Labor Relations Board - Board Decisions

Apr 23, 1943

49 N.L.R.B. 42 (N.L.R.B. 1943)

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In the Matter of BELL AND HOWELL COMPANY and UNITED ELECTRICAL,
RADIO & MACHINE WORKERS OF AMERICA, LOCAL 1114, C. I. O.
Case No. R-5130-Decided April 23, 19.43
Mr. Albert J. Smith, of Chicago, Ill., .for the Company.
Messrs. Louis Torre and Everard C. Hall, both of Chicago, Ill.,
for the Union.
Mr. David V. Easton, of counsel to'the Board.
DECISION-
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
O
Upon petition duly filed by-United Electrical, Radio & Machine
Workers of America, Local 1114, C. I. 0., herein called the Union,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Bell and Howell Company, Rock-
well plant, Chicago, Illinois, herein called the Company; the National
'Labor Relations Board provided for an appropriate hearing upon due
notice before Robert E. Dickman, Trial Examiner. Said hearing was
held at Chicago, Illinois, on April 7, 1943. The Company and the
Union appeared, participated, and 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.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Bell and Howell Company, an Illinois corporation, operates two
plants in Chicago, Illinois, and a service plant in Hollywood, Cali-
fornia. The Company is engaged in the manufacture of photo-
graphic and fire control equipment and other war materials. We are
concerned in the instant proceeding with the Company's plant at North
Rockwell- Street, Chicago, Illinois. The Company purchases an-
nually for its Rockwell plant raw materials which are valued in
49 N. L. R. B., No. 6.
1 42
I
BELL AND HOWELL COMPANY 43
excess of $100,000, of which more than 50 percent is shipped to the
Rockwell plant from points outside the State of Illinois. The annual
sales of the Rockwell plant are valued in excess of $200,000, of which
more than 50 percent is shipped to points outside the State of Illinois.
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE -ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America, Local 1114,1
is a labor organization affiliated with the Congress of Industrial Or-
ganizations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive bar-
gaining representative until it has been certified by the Board.
A statement of the Regional Director, introduced into evidence
at the hearing, indicates that the Union represents a substantial num-
ber 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 (e) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union contends that all employees of the Rockwell plant, exclud-
ing executives, foremen, assistant foremen, office employees, all em-
ployees in the plant engineering, tool designing, guards, and time
standards departments, watchmen in the building maintenance de-
partment, clerks and junior clerks in the tool 'room department, and
expediters and clerks in the routing and scheduling department, con-
stitute an appropriate unit. The Company does not object to the
foregoing inclusions and exclusions. However, the Union contends
that apprentices should be included within this unit, whereas the
Company asserts that apprentices should be excluded from the unit.
Apprentices at the Rockwell plant are indentured by individual con-
tract and at a specific graduated rate; all are under the supervision of
the personnel director who acts as a counsellor to them. However,
during the training period the apprentices remain in each department
for a period of 2 or 3 months where they are under the supervision of
the foremen of the department, who make reports to the personnel di-
1 The Regional Director reported that the Union submitted 162 designation cards bearing
apparently genuine original signatures , of which 131 bore names appearing on the Com-
pany's pay roll of March 8, 1943. This pay roll contained 405 persons within the
appropriate unit.
44 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
rector with regard to their work. The departmental foremen have
no right to hire or discharge apprentices nor have the assistant fore-
men the right, to recommend their hire or discharge. The apprentices
spend little, if any, time at occupations excluded by the above-men-
tioned agreement of the parties. Although the Company contends
that these employees are future supervisory material, the'record dis-
closes that they do work in production departments, are governed by
the general rules applicable to.other employees, and enjoy the same,
privileges as are extended to other employees. Upon the entire record
we are of the opinion that, although the Company's apprentices may
ultimately graduate into jobs excluded from the unit, there is nothing
in their work during their apprenticeship which so differentiates them
from the other workers as to require their exclusion. In accordance
with our usual practice, we shall include the apprentices within the
unit?
In accordance with the above, we find that all employees of the
Rockwell plant of the-Company, including apprentices, but excluding
executives, foremen, assistant foremen, office employees, all employees
in the plant engineering, tool designing, guards, and time standards
departments, watchmen in the building maintenance department,
clerks and junior clerks in the tool room department, and expediters
and clerks in the routing and scheduling department, 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 ent-
ployees in the appropriate unit who were employed during the pay-
roll. period immediately preceding the date of the Direction of Elec-
tion 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 2, as amended, it is hereby
'DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Bell and Howell
Company, Rockwell plant, Chicago, Illinois, an election by secret ballot
2Matter of General Motors Corporation , Allison Division and International Union,
United Automobile , Aircraft & Agricultural Implement Workers of America, Local 993,
affiliated with C. I. 0., 40 N. L. R. B. 1387, and cases cited therein.
BELL AND HOWELL COMPANY 45
shall be conducted as early as possible, but not later than thirty (30)
days from the date of this Direction, under the direction and super-
vision-of the Regional Director for the Thirteenth Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject 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 dur-
ing said pay-roll period because they were ill or on vacation or tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding those employees 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, Local 1114,
affiliated with the Congress of Industrial Organizations, for the pur-
poses of collective bargaining.