C.v.Hill & Co., Inc.

National Labor Relations Board - Board Decisions

Nov 29, 1945

64 N.L.R.B. 1109 (N.L.R.B. 1945)

In the Matter of C. V. HILL & COMPANY, INC. and UNITED ELECTRICAL,
RADIO & MACHINE WORKERS OF AMERICA, C. I. O.
Case No. 4-R-1809.-Decided November 09, 19415
Mr. Stuart Hill, of Trenton, N. J., for the Company.
Rothbard, Harris cE Talisman, by Mr. Samuel L. Rothbard, of
Newark, N. J., for the U. E.
Messrs. John Spain, Charles B. Dailey, John H. LeCompte, and
Donald B. Morton, of Trenton, N. J., for the M. B. S.
Mr. Joseph D. Manders, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Electrical, Radio & Machine
Workers of America, C. I. 0., herein called the U. E., alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of C. V . Hill & Company , Inc., Trenton , New Jersey,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Eugene M.
Purver, Trial Examiner. The hearing was held at Trenton, New
Jersey, on August 6, 1945. The Company, the U. E., and C. V. Hill
Mutual Benefit Society, herein called the M. B. S., appeared and partic-
ipated. All parties were afforded full opportunity to be heard, to
examine and cross -examine witnesses , and to introduce evidence bear-
ing on the issues . The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed. All parties
were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
C. V. Hill & Company, Inc., a New Jersey corporation, is engaged
in the manufacture of refrigerators and refrigeration equipment. The
Company's sole plant, located at Trenton, New Jersey, is involved in
the present proceeding. The Company annually purchases raw mate-
64N L R B, No 186. 1109
1110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
rials, consisting of steel and wood, valued in excess of $1,000,000, ap-
proximately 80 percent of which is shipped from points outside the
State of New Jersey. The Company annually manufactures finished
products valued in excess of $1,000,000, approximately 80 percent of
which is shipped to points outside the State of New Jersey.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act, and we so find.
II. THE ORGANIZATIONS INVOLVED
United Eelectrical , Radio & Machine Workers of America is a labor
organization , affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
C. V. Dill Mutual Benefit Society is a labor organization , admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In a letter dated June 4, 1945, the U. E. requested recognition as the
exclusive bargaining representative of certain of the Company's em-
ployees. The Company, in a letter dated June 8, 1945, declined to
extend the requested recognition because of its current contractual re-
lations with the M. B. S.
On September 30, 1944, the Company and the M. B. S. entered into
a contract effective from that date for a period of 2 years, and subject
to a renewal thereafter. The contract, in effect, provided that the
Company recognize the M. B. S. as the bargaining agency for its
employees. It did not contain substantive provisions in regard to
hours, wages, and working conditions. Pursuant to oral collective
bargaining between the Company and the M. B. S., the employees re-
ceived annual bonuses, a dispensary, and improved safety conditions,
but written agreements respecting these matters were never consum-
mated.' The Qompany and the M. B. S. contend that their September
1944 contract is a bar to an immediate determination of representatives.
It is apparent, however, that the contract lacking substantive terms and
conditions of employment-is only a recognition agreement,2 and the
Board has consistently held that such agreements do not operate as a
bar in view of their inability to achieve stability in labor relations.a
We, therefore, find that the September 30, 1944, contract does not oper-
ate as a bar to this proceeding.4
' Cf. Matter of Standard Oil Company , 63 N. L. R. B 1223.
2 See Matter of Standard Oil Company of Indiana, 56 N L . R. B 1101.
8 See Matter of Henry Weis Manufacturing Company, Incorporated , 49 N. L. R. B. 511;
Matter of Corn Products Refining Company , 52 N. L R. B 1324.
4 The finding herein makes it unnecessary to consider whether or not the duration of
the contract is reasonable.
C. V. HILL & COMPANY, INC. 1111
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that U. E. represents a substantial number of employees
in the unit hereinafter found appropriate .5
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
The parties stipulate, and we find, that all production and main-
tenance employees of the Company, including truck drivers, watch-
men, and guards,6 but excluding office and clerical employees and all
or any supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit ap-
propriate 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 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 Re-
lations Act, and pursuant to Article'III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it
is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with C. V. Hill and
Company, Inc., Trenton, New Jersey, an election by secret ballot
'The Field Examiner reported that the U. E. submitted 238 cards and that the cards
are dated April , May, and June 1945 , 85 cards were undated. There are approximately
423 employees in the appropriate unit.
The M B S . relies upon its current contract as evidence of its interest . The Field
Examiner further reported that Local 469, International Brotherhood of Teamsters , Chauf-
feurs, Warehousemen & Helpers , A F. L., were requested to submit representation evidence,
but failed to do so
At the hearing, the AT B S objected , generally , to the Board's procedure of utilizing
the Field Examiner 's report , based upon a "spot check" of U. E ' s cards against the Com-
pany's pay roll , as a means of determining the U. E ' s showing . The Trial Examiner
referred the objection to the Board for disposition . We find no merit to the objection,
and it is herewith overruled
6 These employees were covered by the September 1944 contract.
1112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
shall be conducted as early as possible, but not later than sixty (60)
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Fourth Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, among 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 during said pay-roll period because they were ill or on
vacation or temporarily laid off, and including employees in the
armed forces of the United States who present themselves in person
at the polls, but excluding those employees who have since quit or
been discharged for cause and have not been rehired or reinstated
prior to the date of the election, to determine whether they desire
to be represented by United Electrical, Radio & Machine Workers
of America, C. I. 0., or by C. V. Hill Mutual Benefit Society, for
the purposes of collective bargaining, or by neither.