Electric Auto-Lite Co.

National Labor Relations Board - Board Decisions

Dec 26, 1942

46 N.L.R.B. 395 (N.L.R.B. 1942)

In the Matter of ELECTRIC AuTo-LITE COMPANY, BucKEYE BuMPEIz
DIVISION and UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IM-
PLEMENT WORKERS OF AMERICA, C. I. O.
Case No. R-4622.-Decided December 26, 1942
Jurisdiction : ordnance manufacturing industry. -'
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition until certification; renewed contract held no bar,
when rival union had given timely notice prior to automatic renewal date ;
immediate election directed although Company was operating with less than
full complement when Company for past six months had been unable to
seem a additional help ; election necessary.
Unit • Appropriate for Collective Bargaining : all firemen at plant; stipulation
as to.
Mr. Chester Lancaster, of Springfield, Ohio, for the Company.
Mr. Dale Toler, of Springfield, Ohio, for the UAW-CIO.
Mr.,Howard A. Plank; of Chicago, Ill., for the Firemen.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION- OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Automobile, Aircraft & Agri-
cultural Implement Workers of, America, herein 'called the UAW-
CIO,' alleging that a question affecting commerce had arisen' concern-
ing the representation of employees of Electric Auto-Lite Company,
Buckeye Bumper Division, Springfield, Ohio, herein called the Com-
pany, the National Labor Relations Board provided for an appropriate
hearing upon due notice before Paul S. Kuelthau, Trial Examiner.
Said hearing was held at Springfield, Ohio, on' December 2,1942: The
Company, the-UAW-CIO; and, International Brotherhood of Firemen
and Oilers, Local 295, 'herein called the Firemen, appeared, partici-
pated, and were afforded full opportunity to be heard, to examine and
40 N. L. R. B., No..47 '
395
396 DECISIONS -OF NATIONAL LABOR RELATIONS BOARD
cross-examine witnesses , and to introduce evidence bearing on the
issues. The Trial Examiner 's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following,:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Electric Auto-Lite Company is an Ohio corporation with its prin-
rcipal office at Toledo, Ohio. The Company operates plants in the
States of Ohio, Wisconsin, Michigan, New York, Indiana, Illinois,
;Oklahoma, and California. We are here concerned with its plant
at 'Springfield, Ohio, where It is engaged in the manufacture of armor
plate. During 1941 the Company purchased raw materials valued
at about' $1,750,000 for use at its Springfield plant, all of which was
shipped to it from points outside Ohio: During the same period the
Company manufactured products at its Springfield plant valued in
*'xcess of $2,000,000, all of which was shipped to points outside Ohio.
II. THE ORGANIZATIONS INVOLVED'
United Automobile, Aircraft ,& Agricultural Implement Workers
of America is a labor organization affiliated with the Congress - of
Industrial Organizations, admitting to membership employees of the
Company.
International Brotherhood of Firemen and Oilers, Local 295, is a
Iabor organization affiliated, with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
; On July,27 and October 15',, 1942, the, UAW-CIO requested .the Coni ,
pany to, recognize it as the exclusive, representative of the employees
of the Company's Springfield plant. The Company refused these
requests, until such time as.the UAW-CIO is certified by the Board.
On November 22, 1940, the Company and the Firemen entered, into
an exclusive bargaining contract. The contract provided that it
should continue in effect until, November 22, 1941, and from year to
year thereafter unless 30 days' notice was given by either party thereto
prior to any expiration date. On November 22, 1941, the contract
automatically renewed itself, for, a period of another, year.. The Fire-
men contends.that its contract constitutes mbar to a present determina-
tion,-of representatives. '"As stated above, on July 27 and October 15,
1'942; the UAW-CIO requested exclusive recognition. Inasmuch as'
the UAW-CIO made its claim upon the Company prior to, October 22,
ELECTRIC AUTO-LITE COMPANY 397
1942, the date upoli which the contract alluded to above would have
renewed itself, we find that the contract does not constitute a,bar to
a determination of representatives at'this time.
A statement of, a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that•'the UAW-CIO represents a
substantial number of the employees in the unit hereinafter found to,
be appropriate.]. ,
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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
`firemen at the Springfield plant of the Company constitute a unit
appropriate for the purposes of collective bargaining, within the
- meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The Firemen urges that no election be held at this time inasmuch as
there are only two persons presently employed in the appropriate unit.
The Company's normal complement of firemen is four. The record
indicates that the Company has had but two firemen since June 1942
and that, although it desires to employ four such employees, it has
been unable to secure them. Under these circumstances we believe
that an election should be held in the immediate future.
We shall direct that the employees 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, subject to the limitations and the additions set
forth in the Direction.
k 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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Electric Auto-Lite
I The Field Examiner reported that the UAW-CIO presented two membe, ship applica-
tion cards bearing apparently genuine signatures of'persons whose names appear on the
Company's pay roll of November 21, 1942 . At the time of the hearing there were only
two persons employed in the unit hereinafter found to be appropriate A representative
of the Firemen testified that as of the date of the bearing both employees in the unit
hereinafter found to be appropriate were members in good standing of the Firemen.
398 DECISIONS OF NATIONAL LABOR- RELATIONS BOARD
Company, Buckeye Bumper Division, Springfield, Ohio, 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 Ninth
Region, acting in this matter "as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 10, of said Rules and
Regulations, among the employees in the unit found appropriate in
Section IV, above, who were employed during the pay-roll period im-
mediately preceding the date of this Direction, including any such
'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 any who have since quit or been
discharged for cause, to determine whether they desire to be repre-
sented by United Automobile, Aircraft & Agricultural Implement
Workers of America, affiliated with the Congress of Industrial Or-
ganizations, or by International Brotherhood of Firemen and Oilers,
Local 295, affiliated with the American Federation of Labor, for the
purposes of collective bargaining, or by neither.