Cornell-Dubilier Electric Corp.

National Labor Relations Board - Board Decisions

Dec 26, 1942

46 N.L.R.B. 384 (N.L.R.B. 1942)

In the Matter Of CORNELL -DUBILIER ELECTRIC CORPORATION and INTER-
NATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (A. F. OF L.)
Case No. B-4573.-Decided De'cember 26, 1940
Jurisdiction : capacitors manufacturing industry.
Practice and Procedure : petition dismissed because of insubstantial showing of
representation.
Mr. Max Winograd, of Providence, R. I., for,the Company.
Mr. Arthur Houle and Mr. Francis X. Moore, of Boston, Mass.,
for' the Union.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon petition duly filed by International Brotherhood of Elec-
trical Workers (A. F. of L.) herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Cornell-Dubilier Electrical Corporation,'Providence,
Rhode Island, herein called the Company, the National Labor Re-
lations Board provided for an appropriate hearing upon due notice
before Robert E. Greene, Trial Examiner. Said Hearing was held
at Providence, Rhode Island, on November 20, 1942. The Company
and the Union appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. At the hearing, the Com-
pany made a motion that the petition be dismissed on the ground that
the ;Union had not presented a sufficient showing of representation
of the employees. The Trial Examiner reserved ruling. For
reasons hereinafter set forth, the motion is granted.' The Trial Ex-
aminer's rulings made at the hearing are free from prejudicial error'
and are hereby affirmed.
On November 27, 1942, the Company filed a brief which the Board
has considered.
.46 N. L. R. B., No. 44
384
CORNELL-DUBILIER ELECTRIC CORPORATION 385
Upon the entire record in the case, the Board make's the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Cornell-Dubilier Electric Corporation, a Delaware corporation, is
engaged in Providence, Rhode Island, in the manufacture, sale, and
distribution of capacitors. The Company purchases raw materials,
of which a substantial amount is shipped to the Company from
points outside the, State of Rhode Island. The company manufac-
tures finished products, a substantial amount of which is shipped to
points outside the State of Rhode Island.- The, Company admits that
it is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATTON INVOLVED
International Brotherhood of Electrical Workers is a labor organi-
zation affiliated with the American Federation of Labor. It admits
to membership employees of the Company.
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION
i
The Company began operations in July 1942. The Union filed its
petition on September 25, 1942. The Regional Director's statement
introduced in evidence at the hearing reveals that the Union pre-
sented 252 authorization for representation cards dated between"July
and September 1942. Of the 252 cards presented, 207 bore the names
of persons whose names appeared on the pay roll submitted, by the
Company as of the week ending September 19, 1942. This pay roll
contained a total of 735 names of employees in the' alleged appropriate
unit.
It was disclosed at the hearing that of the 735 employees appearing
on the September'19 pay roll, 208 had left the employ of the Com-
pany. A pay roll compiled by the Company for the week ending
November 7, 1942, which pay roll was not introduced into evidence,
contained the names of 1,483 persons in the employ of the Company
as of that date. At the time of the hearing, the Company had ap-
proxim'ately 1,550 persons in its employ. Ultimately, the Company
expects to employ a total of 3,000 persons, although it was unable
to predict the exact time when the peak of employment would be
reached. The only check of the Union's cards was against the Sep-
tember 19 pay roll and at the hearing the Union refused to present
any further evidence in support of its representation claims. In
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386 - DECISIONS` OF-NATIONAL LABOR RELATIONS -BOARD
view of these facts, we find that the Union has not shown. that it
represents a substantial number of employees in the unit it claims to
be appropriate.
Since the Union has failed to show that it represents a,substantial
number of employees in the unit claimed -as appropriate, we find that
no question has arisen concerning the representation of employees of
the Company, within the meaning of-Section 9 (c) of the Act.,
ORDER
Upon_the basis of the foregoing findings of fact, the National Labor
Relations. Board,hereby orders that the petition for investigation
and certification of representatives of employees of Cornell-Dhbilier
Electric Corporation, Providence, Rhode Island, filed by Interna-
tional Brotherhood of Electrical Workers,(A. F. of L.), be, and, it
hereby is, dismissed.