Charles H. Besly & Co.

National Labor Relations Board - Board Decisions

Apr 8, 1943

48 N.L.R.B. 1020 (N.L.R.B. 1943)

In-the Matter of CHARLES H. BESLY & COMPANY and UNITED STEEL-
WORKERS OF AMERICA, CIO
Case No. R-4997.-Decided A pril 8,1943
0
Jurisdiction : machine and tool manufacturing industry.
Investigation and. Certification of Representatives : existence of question: re-
fusal to accord recognition to either of competing organizations until certified
by-the Board ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees at one of the company's plants, including shop-clerical employees, work-
ing foremen, group leaders, apprentices and inspectors, but excluding super-
visory employees, engineers, office employees, and watchmen-guards.
Sidley, McPherson, Austin cf Burgess, of Chicago, Ill., by Mr. H. P.
Robinson, and Mr. Kenyon Y. Taylor, of Beloit, Wis., for the Company.
Mr. W. A. Sonnemann, of Milwaukee, Wis., and Mr. W. 0. Parker,
of Beloit, Wis., for the CIO.
Mr. C. H. Guice, of Rockford, Ill., and Mr. Emil G. Rai&, of Free-
port, Ill., for the A. F. L.
Mr. Glenn L. Moller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America, CIO,
herein called the CIO, alleging that a question affecting commerce had
arisen concerning the representation of employees of Charles H. Besly
& Company, Beloit, Wisconsin, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Clarence A. Meter, Trial Examiner. Said
hearing was held at Beloit, Wisconsin, on March 12, 1943. The Com-
pany, the CIO, and District 101, International Association of Machin-
ists, A. F. L., herein called the A. F. L., 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 prej-
udicial error and are hereby affirmed.
48 N. L. R. B., No. 121.
1020
CHARLES H. BESLY & COMPANY 1021
Upon the'entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Charles H. Besly & Company is an Illinois corporation with its
principal offices in Chicago, Illinois. The Company operates a plant
at Beloit, Wisconsin, at which it manufactures grinding machines and
cutting tools, most of which are purchased and used by customers of
the Company in the production of materials and supplies for the
United States Government. During the year 1942, 75 percent of the
raw materials and supplies used at the Beloit plant was shipped to said
plant from points outside the State of Wisconsin. During the same
period, approximately 85 percent of the products of the plant was
shipped therefrom to points outside the State of Wisconsin. I
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
District 101, International Association of Machinists, affiliated with
the American Federation of Labor, is a labor organization admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 10 and 15, respectively, the A. F. L. and C. I. O. each
requested the Company to accord it recognition as the exclusive bar-
gaining representative of certain of the Company's employees. The
Company refused to recognize either organization until there has been
a certification by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that both the A. F. L. and the C. I. O. represent
substantial numbers 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 (G) and (7) of the Act.
1 The Regional Director reported that the CIO submitted 150 membership cards, 149 of
which bore the apparently genuine signatures of persons in the appropriate unit whose
names appear on the Company 's pay roll of March 1, 1943 . The A. F L. submitted 45
authorization cards, all of which' bore the apparently genuine signatures of persons in the
appropriate unit , whose names appear on the Company 's pay, roll of March 1 , 1943. There
are approximately 260 employees in the appropriate unit.
1022 DECISIONS OF NATIONAL LABOR RELATIONiS BOARD
IV. THE APPROPRIATE UNIT
The 'parties stipulated that all production and maintenance em-
ployees including shop-clerical employees, working foremen, group
leaders, apprentices, and inspectors should be included in the appropri-
ate unit, and that supervisory employees should be excluded.2 They
were in disagreement, however, as to several other categories of em-
ployees. The A. F. L. would include in the unit, office employees,
engineers, and watchmen-guards. The C. I. O. would exclude these
groups. The Company took no position as to the appropriate unit
except that it would exclude four confidential office employees from
whatever unit or units the Board might find appropriate.
The office employees whom the C. I. O. would exclude from and the
A. F. L. would include in the unit are about 32 in number. They con-
sist of clerks, timekeepers, bookkeepers, stenographers, and several
supervisory employees. Some of them work apart from the principal
office, but this is due to lack of adequate space in the office rather than
to difference in functions. Office employees are paid on an hourly basis,
as are production employees. When inventories are taken, production
employees assist'in the operation. We are not, however, persuaded
that these facts are sufficient to overcome the essential and inherent
differences of interest and function between office and production
employees." Accordingly, we shall exclude the office employees from
the unit. P '
At the hearing a question arose as to whether shop timekeepers
should be classed with the shop-clerical employees, upon whose in-
clusion in the unit all parties are agreed, or whether they should be
classified as office employees. Since the shop timekeepers work under
the direct supervision of the chief timekeeper in the office and the
C. I. O. conceded that they might logically be so classified, we find
that they should be considered as office employees and are, therefore,
excluded from the unit.
The engineers are located in a separate room and are supervised by
the chief engineer of the machine tool division. They are; primarily
machine tool designers, planning and drafting blueprints for machin-
ery ordered by customers. After they have completed the blueprints,
they follow their plans through the plant as the machinery is fabri-
cated, constantly checking to insure that the work conforms to the
,plans. If necessary, the engineers may instruct and demonstrate to the
2It was stipulated that the term "sup'ervisory employees" includes the superintendent,
works manager , comptroller , chief foreman , foremen with power to hire and discharge,
chief engineer of the machine tool division , and chief engineer of the small tool division.
-Matter of American Propeller Corporation , Toledo, Ohio, and International Union,
United Automobile , Aircraft and Agricultural Implement Workers of America ( C. I. 0.),
Toledo, Ohio , 43 N L It . B. 518.
CHARLES H. BESLY & COMPANY I 1023
production employees how to obtain the results required. We find that
the engineers are professional, technical employees whose interests are
different from those of the production employees. Accordingly,, we
shall exclude them from the unit.
The watchmen-guards are armed plant-protection employees, sworn
in as auxiliary military police. They are subject to the Articles of
War. It is our established policy to exclude military guards from
units of production employees.4 The. fact that these guards spend
varying proportions of their time in grounds maintenance work does
not alter our view of the matter. We shall, therefore, exclude the
watchmen-guards from the appropriate unit.
We find that all production and maintenance employees at the Com- -
pany's Beloit, Wisconsin, plant, 'including shop-clerical employees,
working foremen, group leaders, apprentices and inspectors, but ex-
cluding supervisory employees, engineers, office employees and watch-
men-guards, constitute a unit appropriate .for the purposes of collec-
tive 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 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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Charles H. Besly
& Company, Beloit, WWWisconsin, 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 in,the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding the
4 Matter of U. S. Electrical Motors, Inc. and United Electrical , Radio & Machine Workers
of America, Local 1421, CIO, 45 N. L R B. 298.
1024 ' DECISIONS OF NATIONAL LABOiR RELATIONS BOARD
date of this Direction, including employees who did not work during
said pay-roll period because they were-ill or on vacation or tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
.eluding those employees who have since quit or been discharged for
cause, to determine whether they desire to be represented by 'United
Steelworkers of America, affiliated with the Congress of Industrial
Organizations, or by District'101, International Association of Ma-'
,chinists, affiliated with the American Federation of Labor, for the
purposes of collective bargaining, or by neither.