Duncan Electric Manufacturing Co.

National Labor Relations Board - Board Decisions

Apr 2, 1942

40 N.L.R.B. 64 (N.L.R.B. 1942)

r
In the Matter of DUNCAN ELECTRIC MANUFACTURING COMPANY and
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL
UNION B-1201
In the Matter of DUNCAN ELECTRIC MANUFACTURING COMPANY and
INDEPENDENT METER-WORKERS UNION
Cases Nos. R-3603 and R-3604, respectively.Decided April 2, 1942
Jurisdiction: electric accessories manufacturing industry.
Investigation and Certification of Representatives : existence of question: refusal
to accord recognition to petitioners until certified by the Board; election
necessary.
Where Company had agreed in settlement of strike that all strikers
would be returned to their employment when work for which they were
suited was available, striking employees who have not returned to work
(except any who have been offered and have refused reinstatement) held
eligible to participate in election, since they have a reasonable expectancy
of reinstatement and are in a class with employees temporarily laid off.
Unit Appropriate for Collective Bargaining :lall hourly and piece-work employees,
excluding executives, foremen, other supervisory employees, engineers; watch-
men, draftsmen, and clerical workers.
Stuart, DeVol, Branigan cC Ball, by Mr. Allison E. Stuart and Mr.
Michael T. Ricks, of Lafayette, Ind., for the Company.
Mr. Francis O'Rourke and Mr. John L. McCarthy, of Indianapolis,
Ind., for the I. B. E. W.
Mr. Fae W. Patrick, of Indianapolis, Ind., for the Independent.
Mr. Louis Cokin, of cou'isel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On June 17 and 20, 1941, respectively, International Brotherhood
of Electrical Workers, Local Union B-1201, herein called the
I. B. E. W., and Independent Meter-Workers Union, herein called the
Independent, filed with the Regional Director for the Eleventh Re-
gion (Indianapolis, Indiana) separate petitions, each alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Duncan Electric Manufacturing Company,
Lafayette, Indiana, herein called the Company, and requesting an
investigation and certification of representatives pursuant to Section
40 N L. R. B, No. 10.
64
DUNCANN ELECTRIC MANUFACTURING COMPANY 65
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On February 13, 1942, the National Labor Rela-
tions 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 are in-
vestigation and authorized the Regional Director to conduct it and
to provide, for an appropriate hearing upon due notice, and acting
pursuant to Article III, Section 10 (c) (2), of said Rules and Regu-
lations, ordered the two cases consolidated.
On February 24, 1942, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
I. B. E. W., and the Independent. Pursuant to notice, a hearing was
held on March 5, 1942, at Lafayette, Indiana, before Robert D.
Malarney, the Trial Examiner duly designated by the Chief Trial
Examiner. The Company, the I. B. E. W., and the Independent were
represented and participated in the hearing. Full opportunity to
be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues was afforded all parties. During the
course of the hearing the Trial Examiner made several rulings on
motions and on objections to the admission of evidence. The Board
has reviewed these rulings 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. TIIE BUSINESS OF THE COMPANY
Duncan Electric Manufacturing Company is an Illinois corpora-
tion with its principal place of business at Lafayette, Indiana, where
it is engaged in the manufacture, sale, and distribution of electricity
meters and accessories . During 1940, the Company purchased raw
materials valued in excess of $500,000, over 80 percent of which was
shipped to it from points outside the State of Indiana. During the
same period the Company sold finished products valued in excess of
$1,900,000, over 85 percent of which was shipped by it to points out-
side the State of Indiana. The Company admits that it is engaged
in commerce within the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Electrical Workers, Local Union
B-1201, is a labor organization affiliated with the American Federa-
1 On March 26 , 1042 , the Company filed a motion to correct the record with respect to
minor matters The motion is hereby granted
455771-42-vol 40-5
66 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion- of Labor, admitting to membership employees of the Company.
Independent Meter-Workers Union is an unaffiliated labor organi-
zation, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the I. B. E. W. or the Independent
as the exclusive representative of its employees until such time as
one or the other is certified by the Board. All the parties stipulated
that the I. B. E. W. and the Independent each represents a substantial
number of employees in the unit hereinafter found appropriate.
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
UPON COMMERCE
We find that the question concerning representation,' whieh 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
All the parties agree, and we find, that all hourly and piece-work
employees of the Company, excluding executives, foremen, other
supervisory employees, engineers, watchmen, draftsmen, and clerical
workers, constitute an appropriate unit. We further find that such
unit will insure to employees of the Company the full 'benefit of
their right to self-organization and to collective bargaining and
otherwise will effectuate the policies of the Act.
VI. THE DETERMINATION or REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
On July 17, 1941, the I. B. E. W. called a strike at the Company's
plant. The strike lasted until September 17, 1941, and was settled
by an agreement between the Company and the I. B. E. W., which
provided that all strikers -N-,ould be returned to their employment
work for which they were suited was available. At the time of the
hearing, 27 strikers had not yet been recalled by the Company. The
I. B. E. W. contends that all striking employees not yet returned to
%i-ork should be eligible to vote in the election. The Independent
contends that only those employees who have requested reinstatement
DUNCAN ELECTRIC MANUFACTURING COMPANY : 67
should be eligible to vote and that, in any event, striking employees
who have found permanent employment elsewhere should not be
allowed to vote. The Company took no position with respect to the
eligibility of the strikers but stated that it is still its intention to recall
(he, strikers when work is available for them. Under these circum-
stances, we find that the striking employees who have not yet returned
.to work, (except any who have been offered and have refused rein-
-statement), have a reasonable expectancy of reinstatement, are in a
class with employees temporarily laid off, and are entitled to partici=
pate in the election. We shall direct that the employees of the
Company eligible to vote in the election shall be those within the
.appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein,
including striking employees not yet returned to work, but subject
to the limitations and other additions set forth in the Direction. ,
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Duncan Electric Manufacturing Company,
Lafayette, Indiana, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the Act.
2. All hourly and piece-work employees of the Company, exclud-
ing executives, foremen, other supervisory employees, engineers,
watchmen, draftsmen, and clerical employees, -constitute a unit ap-
propriate for the purposes of collective bargaining, within the mean-
mng 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, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby -
DIRTCTEn that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Duncan Electric Manufacturing Company, Lafayette, Indiana,
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,
under the direction and supervision of the Regional Director for the"
Eleventh Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Section 9, of said
68 DECISIONS OF NATIONAL LABOR RELATIONS ,BOARD
Rules and Regulations , among all hourly and piece-work employees
of the Company who were employed during the pay-roll period
immediately preceding the date of this Direction, including striking
employees not yet returned to work (except any who have been
offered and have refused reinstatement) and employees who did not
work during such pay-roll period because they were ill or on vacation
or in the active military training or service of the United States, or
temporarily laid off, but excluding executives, foremen, other super-
visory employees, engineers, watchmen, draftsmen, clerical employees,
and employees who have since quit or been discharged for cause, to
determine whether they desire to be represented by International
Brotherhood of Electrical Workers, Local Union B-1201 , affiliated
with the American Federation of Labor, or by Independent Meter-
Workers Union, for the purposes of collective bargaining, or by
neither.