Ansley Radio Corp.

National Labor Relations Board - Board Decisions

Dec 30, 1940

28 N.L.R.B. 785 (N.L.R.B. 1940)

In the Matter Of ANSLEY RADIO CORPORATION and LOCAL 430 OF THE
UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA,
C. I. O.
r
Case No. R-2136.-Decided December 30, 1940
Jurisdiction : radio manufacturing industry.
Investigation and Certification of Representatives : existence of question: con-
flicting claims of rival representatives ; closed-shop contract renewed after
petition and notice of hearing had issued when both the Company and con-
tracting union were fully informed concerning rival union's claim, no bar to ;
election necessary.
Eligibility to vote determined as of the date during the pendency of
the representation proceeding, on which a closed-shop contract expired
and as of which such contract was renewed.
Newly hired employees who had not prior to the eligibility date passed
the 2-week trial period excluded from the election.
Unit Appropriate for Collective Bargaining : all production employees, including
wire men, testers and trouble shooters, final testers, assemblers, stock
chasers, hand sanders, machine men, sprayers, finishers, wood fillers, hard-
ware assemblers, bench assemblers, and all other employees in the radio
cabinet, and machine departments, but excluding office workers, shipping
and stockroom employees, porters, salesmen, truck drivers, service men,
foremen (other than working foremen), and engineers.
Mr. Shad Polier, for the Board.
Mr. Arthur C. Ansley, of New York City, for the Company.
Mr. Frank Scheirer, of New York City, for the United.
Mr. John C. Bausch, of New York City, for the I. A. M.
Mr. William Beedie, of New York City, for the I. B. E. W.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On or about August 23, 1940, Local 430 of the United Electrical,
Radio and Machine Workers of America, herein called the United,
filed with the Regional Director for the Second Region (New York
City) a petition alleging that a question affecting commerce had
arisen concerning representation of employees' of Ansley Radio
28 N. L R B, No. 121. -
785
786 DECISIONS OF NATIONAL LABOR RELATIONS BOARD '
Corporation, New York City, herein called the Company, and re-
questing an investigation and certification of representatives pur-
suant to Section 9 (c) of the National'Labor Relations Act, 49
Stat. 449, herein called the Act. On October 19, 1940, the National
Labor Relations Board, herein called the Board, acting pursuant to
Section 9 (c) of the Act, and Article III, Section 3, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
ordered an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due notice.
On October 30, 1940, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
the United and upon Radio Union, Local B-1010, International Broth-
erhood of Electrical Workers, herein called the I. B. E. W., and
International Association of Machinists, Manhattan and Bronx
Lodge, No. 402, herein called the I. A. M., labor organizations claim-
ing to represent employees directly affected by the investigation.
Pursuant to the notice a hearing was held on November 7, 1940, at
New York City; before Howard Myers, the Trial Examiner duly
designated by the Board. The Board and the United were repre-
sented by counsel, the Company by its president, and the I. B. E. W.
and the I. A. M. by representatives of their respective unions.. Full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues was afforded all parties.
At the conclusion of the hearing the I. B. E. W. moved to dismiss
the petition on the ground that the United showed no present mem-
bership among employees of the Company and that a contract en-
tered into between the I. B. E. W. and the Company constituted a
bar to this proceeding. The Trial Examiner did not rule upon
this motion. For reasons appearing below, the motion is denied.
During the course of the hearing the Trial Examiner made several
rulings upon motions and objections to the admission of evidence.
The Board has reviewed the rulings of the Trial Examiner and finds
that no prejudicial errors were committed. The rulings are hereby
affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE , COMPANY
Ansley Radio Corporation has its principal office and plant in
New York City, where it is engaged in the manufacture and sale
of radios, phonographs, and radio-phonograph combinations. Raw
materials and parts used in the course of production at its plant
consist principally of plywood, insulating materials, steel, brass,
ANSLEY'RADIO CORPORATION 787
radio chassis and other parts, phonograph motors, automatic, record
changers, and phonograph pick-up crystal units. From_ January 1,
1940, to October 31, 1940, 25 percent of'the raw materials used, valued
at more than $25,000, were shipped to the company's plant from
points outside the State of New York. During the same period 20
percent of the finished products, valued at $30,000, were sold and
shipped by the Company from the plant to points outside the State
of New York.
The Company admits that it is engaged in interstate commerce.
II. THE ORGANIZATIONS INVOLVED
Local 430 of the United Electrical, Radio and Machine Workers of
America is a labor organization affiliated with the Congress of Indus-
trial Organizations.
International Association of Machinists, Manhattan and Bronx
Lodge, No. 402,,is a labor organization affiliated with the American
Federation of Labor.
Radio Union, Local B-1010, International Brotherhood of Elec-
trical Workers, is a labor organization affiliated with the American
Federation of Labor. -
These labor organizations admit to membership employees of the
Company.
III. THE' QUESTION CONCERNING REPRESENTATION
On November 2, 1939, the Company and the I. B. E. W. entered
into a closed-shop contract covering employees in an appropriate
unit. On May 8, 1940, the United notified the Company that its em-
ployees had severed their relations with the I. B. E. W. and had be-
come members of the United. The United demanded recognition,
of the Company as bargaining agent for its employees. On May
8 the I. B. E. W. denied such severance and demanded the Company's
performance of their closed-shop conttact.1 On July 22 representa-
tives of the Company and the United conferred upon the demand
of the United for a contract. The Company stated that the existing
contract with the I. B. E. W., terminating November 2, was a bar
to the formulation of an inconsistent contract between the Company
and the United. On August 19, the I. B. E. W. requested that,
the Company discharge 3 employees, and ' on September 5, .16 em-'
ployees, who were not in good standing with the I. B. E.W. The
Company notified such employees that they must show proof of
good standing in the I. B. E. W. or by the, terms of the contract leave
'On May 15 , the United filed a petition for investigation and certification . On June
19 the petition was dismissed by the Board.
413597-42-vol 28-51
788 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the employ of the Company. On August 21 the Company posted a
notice in its plant , advising its employees of the conflicting claims of
the United and the I. B. E. W., the provisions of the closed-shop
contract, and threats of strike by the United and stating that the.
Company believed on the advice of "the Board and the Federal Con-
ciliation Bureau" that both the Company and its employees, were
bound by the closed-shop contract with the I. B. E. W. until its ex-
piration. Thereupon the United instructed its members to regain
good standing with and to pay dues to the I. B. E. W. and to re-
pudiate affiliation with the United if such repudiation were necessary
to the retention of their jobs. On August 21 the United signed and
thereafter filed the petition in this proceeding.
On August 22, the United notified the Company that it had filed
the petition and again requested a bargaining conference. The
Company replied that it was bound by .the closed-shop contract with
the I . B. E. W. until November 2 and that , if on its expiration the
United were certified by the Board as bargaining agent, the Company
would then bargain with the United. On October 7, the I. B. E. W.
requested a conference for a renewal of the existing closed-shop con-
tract. On October 8, the Company notified the Regional Office of the
Board that both the United and the I. B. E. W . claimed to represent
a majority of its employees and requested an election. '
On October 9 the I. B. E. W. notified the Company that all of its
employees had disclaimed allegiance to the United. On October
10 the Company notified the I. B. E. W. that in view of the dispute
between the United and the I. B. E. W. it felt that an election was
necessary and that the approval of the Board should be obtained be-
fore any renewal of their contract should be attempted. On October
16 the United advised the Company that it claimed to represent a
majority of the Company's employees, protesting the' signing of a
renewal contract with the I. B. E. W. under those circumstances.
On October 28 the I. B. E. W . requested another conference for the
renewal of its contract. On October 29 the United again notified the
Company that the Board was proceeding with its petition for investi-
gation and again protested the signing of a renewal contract with
the I. B. E. W.
.On October 30 the Regional Director issued notice of hearing in
this proceeding . On October 31 the I. A. M. asked the Company
for a conference with respect to the machine shop, alleging that it
represented a majority of such employees , and asked for bargaining
rights concerning them. On October 31 the Company notified the
I. B. E. W., the I. A. M., and the .United' that it would confer with
them on November 4. Representatives of, the I. B. E. W . and the
I. A. M. and the shop committee of the I. B. E. W. met with the
ANSLEY RADIO CORPORATION 789
president of the Company for the proposed conference. Representa-
tives of the United did not appear. During the course of the con-
ference a letter from the representative of the United was delivered to
the Company, stating that the United believed that the Company
could treat with the shop committee in reference to an increase of
wages without prejudice to its pending petition for investigation and
certification, which was concerned only with the question of a bar-
gaining representative. The Company, however, refused to sign a
contract on the ground that it did not know what union, if any,
represented a majority of its employees. During the noon hour a
petition naming the I. B. E. W. as bargaining representative was
circulated by the I. B. E. W. shop committee. It was signed by all
employees working that day. This signed petition was described at
the hearing by a member of the shop committee as "a part of union
tactics" and the explanation was given that a contract rather than the
selection of an agent was then considered of primary importance. The
Company, nevertheless, refused to enter into the renewal contract
demanded by the I. B. E. W. on account of the hearing scheduled
in this proceeding. The I. B. E. W. refused to' agree to a consent
election.
During the evening of November 4 the I. B. E. W. voted to strike
and on November 5 and 6 picketed the Company's plant. On Novem-
ber 6, in order to resume production, the Company entered into a
closed-shop contract with the I. B. E. W. This contract was ante-
dated November 2. The plant resumed operations on November 7.
We find that the contract entered into on November 6, 1940; is
not a bar to this proceeding. The contract was entered into after
the United had filed its petition and notice of hearing had issued,
when both the Company and the I. B. E. W. were fully informed
concerning the United's claim of majority.2
A statement prepared by the Regional Director and introduced
into evidence discloses that the United and the I. B. E. W. each
has been designated by a substantial number of the employees in
the appropriate unit.3
We find that a question has arisen concerning the representation of
employees of the Company.
8 Matter of California Wool Scouring Company and Textile Workers Organizing Commit.
tee, 5 N. L. R. B. 782.
8 The United submitted to the Regional Director 31 authorization cards of persons
named on the Company pay roll of November 1. These cards bear dates between May 6
and May 15, 1940, and appear to bear genuine signatures of employees in the appropriate
unit. (The I.' B. E. W. submitted 14 reaffirmation cards, dated between August 21 and
August 23, 1940, and 16 undated cards, dues records for 1940, and a petition dated Sep-
tember 13, 1940, signed by 36 persons whose names appear on the pay roll of November
1, 1940, repudiating affiliation with the United. The names of 30 employees are duplicated
on United and I. B E. W. cards. At the time of the hearing the number of employees
in the appropriate unit was 63. ,
790 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The parties agree, and we find, that, all production employees, in-
cluding wire men, testers and trouble shooters, final testers , assem-
blers, stock chasers, hand sanders, machine men, sprayers, finishers,
wood fillers, hardware assemblers, bench assemblers, and all other
employees in the radio, cabinet, and machine departments, but ex-
cluding office workers, shipping and stockroom employees, porters,
salesmen, truck drivers, service men, foremen (other than working
foremen) and engineers constitute the appropriate unit. We find
.that said unit will insure to employees of the Company the full
benefit of their right to self-organization and to collective bargaining
and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation can best be
resolved by, and we shall accordingly direct, an election by secret
ballot.
The Company employs between 30 and 35 employees on its basic
pay roll, and only these are employed during the slack season of
July and August. From 6 to 8 months in the year the number is
increased to 40 or 45. During the peak season, December through
- February, the number of employees increases to 85 or 90. The
Company made-usual increases in its personnel during, the fall of
1940 to take care of the increase in business. At the time of the
hearing there were approximately 63 employees in. the appropriate
unit. The United contends that the Company's pay roll of-July-1 or
August 23 should determine eligibility to vote 'in the election., The
1. .13., E. W. desires that the - pay -roll immediately preceding the
date of the Direction of Election he'r`ein' determine. eligibility:
The Company has expressed no preference in this matter. - November
2, 1940, is the date, during the pendency of this proceeding, on which
the I. B. E. W. closed-shop contract expired and as of which such
contract was' renewed. Under these circumstances, we will 'direct
ANSLEY,RADIO CORPORATION -791
that the pay roll immediately preceding November 2, 1940, shall
determine eligibility to vote in the election.
Newly hired employees are subject to a 2-week .trial period before
they are considered regular employees. Pursuant to the request of
the I. B. E. W. unopposed by the other parties, we shall exclude
from the election employees who-bad not prior to November 2 passed
the 2-week trial period.
The United requests that it appear on the ballot as Local 430,
United Electrical, Radio and Machine Workers of America, C. I. O.
The 1. B. E. W. desires that it appear on such ballot as Radio Union,
Local B-1010, International Brotherhood of Electrical Workers, A.
F. L. The requests are hereby granted. The I. A. M. does not wish
to be represented on the ballot and we shall not provide for the par-
ticipation of the I. A. M. in this election. '
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS or LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Ansley Radio Corporation, New York City,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
Act.
2. All production employees, including wire men, testers and
trouble shooters, final testers, assemblers, stock chasers, hand sanders,
machine men, sprayers, finishers, wood fillers, hardware assemblers,
bench assemblers; and all other employees in the radio, cabinet, and
machine departments, but excluding office workers, shipping and
stockroom employees, porters, salesmen, truck drivers, service men,
foremen (other than working foremen),, and engineers constitute a
unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
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, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended, it is hereby -
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Ansley Radio Corporation, New York City, 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
792 DECISIONS OF NATIONAL LABOR - RELATIONS BOARD
direction and supervision of the Regional Director for the Second
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules
and Regulations, among all production employees, including wire
'men, testers and trouble shooters, final testers, assemblers, stock chas-
ers, hand sanders, machine men, sprayers, finishers, wood fillers, hard-
ware assemblers, bench assemblers, and all other employees in the
radio, cabinet, and machine departments, who were employed by
Ansley. Radio Corporation,' Bronx, New York, during the 'pay-roll
period immediately preceding November 2, 1940, including employees
who did not work during said pay-roll period because they were
ill or on vacation 'and employees who were then or have since, been
temporarily laid off, but excluding office workers, shipping and stock-
room employees, porters, salesmen, truck drivers, service men, fore-
men (other than working foremen), engineers, employees who had
not then passed the 2-week trial period, and employees who have
since quit or been discharged for cause; to determine whether said
employees desire to be represented by Local 430, United Electrical,
Radio and Machine Workers of America, C. I. 0. or Radio Union,
Local - B-1010, International Brotherhood of Electrical Workers,
A. F. L., for the purposes of collective bargaining, or by neither.
CHAIRMAN HARRY A. MILLIs took no part in the consideration of
the above Decision and Direction of Election.