Auto-Lite Battery Corp. of California

National Labor Relations Board - Board Decisions

Jun 6, 1950

90 N.L.R.B. 128 (N.L.R.B. 1950)

to the Matter of AuTo-LITI: BATTERY CORPORATION OF CALIFORNIA,
E1,IPLOYER and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIR-
CRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW-
CIO), CIO, PETITIONER
Case No. 21-RC-1119.Decided June 6, 1950
DECISION AND DIRECTION OF ELECTION
On January 11, 1950, a petition was duly filed under Section 9 (c).
.of the National Labor Relations Act. Thereafter, in lieu of it hear-
ing, the Employer, the Petitioner, and International Union, United
Automobile Workers of America, AFL, herein called the Intervenor,
entered into a stipulation of facts on April 27, 1950.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-mem-
ber panel [Members Reynolds, Murdock, and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit ap-
propriate for purposes of collective bargaining within the meaning
of Section 9 (b) of the Act :
All production and maintenance employees at the Employer's Para-
mount, California, plant, including janitors, watchmen, and shipping
employees, but excluding office and clerical employees, guards, and
supervisors as defined in the Act.
5. The Employer is engaged in the manufacture and sale of automo-
bile storage batteries at Paramount, California, the only.plant in-
volved in this proceeding. The Employer contends that an election
should not be held at this time because it does not employ a full work-
ing force.
' As agreed to by the parties, the record consists of the aforesaid stipulation, the petition,
the notice of hearing, the order postponing hearing, and the affidavits of service thereof.
90 NLRB No. 37.
128
ATJTO-LITE BATTERY CORPORATION OF CALIFORNIA 129
The'record discloses that the Paramount plant is a new operation
and that production began in November 1949. By the end of January
1950, the installation of equipment was completed and prepared for
full production. The Employer estimated that it eventually expects
to employ approximately 225 employees and that by October '1950,
it anticipates employing 150 workers. In January 1950, at the time
when the petition was filed herein, there were 44 workers employed
in the appropriate unit. By the end of March 1950, only 30 persons
were employed, although 85 percent of the job classifications contem-
plated when the fullcomp,lement of employees is functioning are rep-
resented by this group.2 The Employer has no present commitments
for additional stiles and was unable to estimate the rate at which it ex-
pected to increase its working force. In view of the Employer's fail-
ure to predict with any reasonable degree of certainty when its addi-
tional new employees will be hired and as the present job classifica-
tions are substantially representative of any prospective employment
peak, we find that an election may properly be held at this time.'
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, an election by secret
ballot shall be conducted as early as possible but not later than 30
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the payroll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said payroll period because they were ill or on vacation or
temporarily laid off, but excluding those employees who have since
quit or been' discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
they desire to be represented, for purposes of collective bargaining, by
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America (UAW-CIO), CIO, or by Interna-
tional Union, United Automobile Workers of America, AFL, or by
neither.4
2 During the payroll period for the week ending March 5, 1950, only i6 employees were
working.
s Poirier and McLane Corporation, 80 NLRB 849; Allen B. Dum ont Laboratories, Inc.,
88 NLRB 1296.
Either participant in the election directed herein may, upon its prompt request to, and
approval thereof by, the Regional Director, have its name removed from the ballot.
903847-51-vol. 90-10