Air-Way Electric Appliance Corp.

National Labor Relations Board - Board Decisions

Jun 25, 1942

41 N.L.R.B. 1239 (N.L.R.B. 1942)

In the Matter of AIR-WAY ELECTRIC APPLIANCE CORPORATION and
INTERNATIONAL UNION UNITED AUTOMOBILE, AIRCRAFT, & AGRICUL-
TURAL IMPLEMENT WORKERS OF AMERICA, LOCAL 12, ( CIO)
Case No. R-3909.-Decided June 05, 1942
Jurisdiction : vacuum cleaner and air sanitary system manufacturing industry.
Investigation and Certification of Representatives : existence of question,:, re-
fusal to accord petitioner recognition until certified by the Board ; contract
no bar where petition was filed prior to automatic renewal date ; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees excluding polishing department, supervisory, executive, salaried
and office employees ; unit proposed by petitioner and which is substantially
the same as unit established by contract between competing organization and
Company, held appropriate.
Mr. Richard C. Swander, for the Board.
Mr. George D. Welles, of Toledo, Ohio, for the Company.
Mr. Edward Lamb and Mr. Howard Seren, of Toledo, Ohio, for
the C. 1. 0.
Mr. William F. Sturm, of Toledo, Ohio, for the I. B. E. W.
Mr. A. H. Danner, of Toledo, Ohio, for the Metal Polishers.
Mr. Charles W. Schneider, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union United Auto-
mobile, Aircraft, & Agricultural Implement Workers of America,
Local 12 '(CIO), herein called the C. I. 0., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Air-Way Electric Appliance Corporation, Toledo, Ohio,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Henry J.
Kent, Trial Examiner. Said hearing was held at Toledo, Ohio, on
June 1, 1942. The Company, the C. I. 0., International Brotherhood
of Electrical Workers Local B-1189 (A. F. L.), herein called the
I. B. E. W., and Metal Polishers, Buffers, Platers, Spinners & Help-
ers International Union,-Local 2 (A. F. L.), herein called the Metal
Polishers, appeared, participated, and were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to intro-
41 N. L. It. B., No. 228.
1239
1240-, DECISIONS OF NATIONAL LABOR RELATIONS BOARD
duce 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
I. THE BUSINESS OF THE COMPANY
Air-Way Electric Appliance Corporation is a Delaware corpora-
tion having its principal plant and place of business at Toledo, Ohio.
The Company operates the following wholly owned subsidiaries :
Air-Way Branches, Inc., whose principal office is also at Toledo,
Ohio; and Air-Way Limited of Canada. It also operates a sub-
sidiary known as Air-Way Limited of London, England, 84 percent
of whose stock is owned by the Company.
The Company is engaged in the manufacture of vacuum cleaners
and air sanitary systems. However, the manufacture of the present
products will be entirely discontinued'on or about June 30, 1942, at
which time the Company will engage entirely in the manufacture of
devices and appliances for the United States Army and Navy.
Only the Toledo, Ohio, plant is involved in the present proceed-
ings. During 1941, the principal products used by the Company
at the Toledo plant were steel, brass, copper, cotton, rubber, and
Bakelite, valued in excess of $300.000, 85 percent of which was re-
ceived from sources outside the State of Ohio. During the same
period the Company sold from the Toledo plant products valued in
excess of $900,000, approximately 85 percent of which was shipped
to points outside the State of Ohio.
H. THE ORGANIZATIONS INVOLVED
International Union United Automobile, Aircraft, & Agricultural
Implement Workers of America, Local 12, is a labor organization
affiliated with. the Congress of Industrial Organizations, admitting to-
membership employees of the Company.
International Brotherhood of Electrical Workers, Local B-1189,
and Metal Polishers, Buffers, Platers, Spinners & Helpers Inter-
national Union, Local 2, are labor organizations affiliated with the
American Federation of Labor, admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 17, 1942, the C. I. O. notified the Company that it rep-
resented a majority of the Company's employees and requested
AIR-WAY ELECTRIC APPLIANCE CORPORATION 1241
recognition as exclusive bargaining representative. On March 24,
the Company declined to recognize the.C. I. O. unless it was certified
by the Board.
On August 19, 1941, the Company signed a contract with the
I. B. E. W., effective August 12, 1941, for eleven 4-week periods.
By the agreement the Company recognized the I. B. E. W. as exclu-
sive bargaining representative for the Company's production and
maintenance employees, excluding employees in the polishing de-
partment, supervisory, executive, salaried, and office employees. This
contract provided for automatic renewal from year to year unless
written notice of a desire to change or terminate it was given -30
days prior to the expiration date. No such notice was given by either
party. Neither the Company nor the I. B. E. W. asserts that the
contract is a bar to an election. On the contrary, all parties stip-,
ulated that a question concerning representation has arisen within
the meaning of the National Labor Relations Act. Since the C. I. O.
filed its petition more than 30 days prior to the termination date,
the contract does not constitute a bar to an election.
A report of a Field Examiner for the Board, introduced into evi-
dence at the hearing, indicates that the C. I. O. represents a substan-
tial number of employees in the unit which we hereinafter find to
be 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 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find that all production and maintenance employees of the
Company, excluding employees in the polishing department,' and
-supervisory, executive, salaried, and office employees, constitute a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.3
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-
' The C. I. 0. submitted to the Field Examiner 151 ledger cards bearing the names of
persons carried by the C. I. 0 as members. The C. I 0 also submitted 21 application-
for-membership cards of additional persons claimed as members One hundred sixteen
of the names on the ledger and the application cards were those of persons on the Com-
pany 's pay roll of April 15 , 1542. There are somewhat less than 300 persons in the
appropriate unit
2The Metal Polishers has a contract with the Company covering employees in the
polishing department
'This is the unit established by the I B E W . contract previously referred to, and
is substantially the unit requested by the C 37 0., which none of the other parties opposed.
1242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Rela-
tions Act, 49 Stat . 449, and pursuant to Article III, Sections 8 and 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 Air-Way Electric
Appliance Corporation , Toledo, Ohio, 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 of Election , under the direction
and supervision of the Regional Director for the Eighth Region,
acting in this matter as agent for the National Labor Relations Board
and subject to Article III, Section 9, of said Rules and Regulations,
among the employees of the Company in the unit found to be appro-
priate in Section IV, above, who were employed during the pay-roll
period immediately preceding the date of this Direction of Election,
including employees who did not work during such pay-roll period
because they were ill or on vacation or in the active military service
or training of the United States, or temporarily laid off, but exclud-
ing any who have since quit or been discharged for cause , to deter-
mine whether they desire to be represented by International Union
United Automobile , Aircraft , & Agricultural Implement Workers of
America, Local 12, affiliated with the Congress of Industrial Organiza-
tions, or by International Brotherhood of Electrical Workers Local
B-1189, affiliated with the American Federation of Labor, for the,
purposes of collective bargaining , or by neither.