Flexo Products Corp.

National Labor Relations Board - Board Decisions

Jun 24, 1938

7 N.L.R.B. 1163 (N.L.R.B. 1938)

In the Matter Of FLEXO PRODUCTS CORPORATION and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS , LOCAL B-713
Case No. R-709.-Decided June 24, 1938
Lamp Manufacturing Industry-Investigation of Representatives : question
concerning representation of employees , admitted in answer to petition-Unit
Appropriate for Collective Bargaining : production and maintenance employees,
including foremen , assistant foremen , foreladies , assistant foreladies, and
shipping clerks , and excluding clerical and office employees ; no controversy
as to-Employee: irregular and intermittent employment-Election Ordered
Mr. Hyman A. Scltulson, for the Board.
Mr. Lawrence J. Dahlgren, of Chicago, Ill., for the Company.
Mr. B. A. Sapoznik, of Chicago, Ill., for the Union.
Miss Margaret M. Farmer, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 23, 1938, International Brotherhood of Electrical
Workers, Local B-713, herein called the Union, filed with the
Regional Director for the Thirteenth Region ( Chicago, Illinois) a
petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Flexo Products Corpora-
tion, Chicago , Illinois, herein called the Company, and requesting
an investigation and certification of representatives pursuant to
Section 9 (c) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. On April 20, 1938, the Company filed an
answer to the petition, denying that the Union represented a major-
ity of the Company 's employees within an appropriate unit
and admitting that a question concerning representation had arisen.
On March 4, 1938, the National Labor Relations 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 Regula-
tions-Series 1, as amended, ordered an investigation and authorized
the Regional Director to conduct it and to provide for an appropri-
ate hearing upon due notice.
On April 14 , 1938, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and upon
1163
1164 'NATIONAL LABOR RELATIONS BOARD
the Union. Pursuant to the notice, a hearing was held on April 21,
1938, at Chicago, Illinois, before Gustaf B. Erickson, the Trial
Examiner duly designated by the Board. The Board, the Company,,
and the Union were represented by counsel and participated in the
hearing. Full opportunity to be heard, to examine and cross-ex-
amine 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. THE BUSINESS OF THE COMPANY
Flexo Products Corporation was incorporated in 1931 under the
laws of the State of Illinois and maintains its principal place of
business in Chicago, Illinois. It is engaged in the manufacture and
sale of table lamps, floor lamps, parchment and fabric shades. It
also jobs paper, wax, oils, wire and wire products, lamp shade sup-
plies, art reproductions, and other commodities.
The approximate total value of the chief raw material purchases
made by the Company during 1937 was $70,892.76. Of this amount
44.78 per cent was shipped to the Company from points outside the
State of Illinois. During this period the sales of finished products
manufactured by the Company amounted to $205,650.88. Of this
sum 61 per cent represented sales to out-of-State customers.
The Company maintains a force of 20 salesmen operating through-
out the United States. It also engages in a limited amount of ad-
vertising in trade journals having a semi-national circulation.
The Company considers approximately 50 persons as production
and maintenance employees. All but one of these employees are
employed irregularly and intermittently.
H. THE ORGANIZATION INVOLVED
International Brotherhood of Electrical Workers Local B-713 is
a labor organization affiliated with the American Federation of
Labor, admitting to its membership all shop electrical workers in
Chicago, Illinois, and vicinity.
III. THE QUESTION CONCERNING REPRESENTATION
On February 16, 18, and 23, 1938,. conferences took place between
the Union and the Company. The Union claims that upon each of
these occasions, it stated that it represented a majority of the Com-
DECISIONS AND ORDERS ,1165
pany's employees and demanded recognition as their collective bar-
gaining agent. The Company stated that, although it has been at
all times ready and willing to recognize as collective bargaining
,agent any group which could prove that it represented a majority
of the employees , the Union had failed to produce proof that it repre-
sented such a majority , and has neither requested recognition as col-
lective bargaining agent nor made any demands for the negotiation
of a collective bargaining agreement. We note that despite this testi-
mony, the Company in its answer admitted the existence of a ques-
tion concerning the representation of its employees.
In view of the admitted holding of conferences between the Union
and the Company and the latter's admission of the existence of a
question concerning representation , we find that a question has arisen
concerning the representation of the employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which 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
The Union and the Company are agreed that the -appropriate
bargaining unit should include all production and maintenance em-
ployees of the Company , including foremen, assistant foremen, fore-
ladies, assistant foreladies, and shipping clerks, and excluding cleri-
cal and office workers.
The record shows that all but one of the employees in the Com-
pany work irregularly and intermittently. The Company maintains
a list of persons whom it considers employees and upon whom it calls
when business warrants an increase in working force. According to
a list submitted in evidence by the Company , certain of these indi-
viduals worked as little as 3 days during 1937 , and as little as 11 days
during the first 4 months of 1938.
The Union contends that the appropriate bargaining unit should
consist of the 47 persons whom both the Company and the Union
agreed were production and maintenance employees on February
17, 1938.
These 47 employees were identified as follows : The names of 40
persons appear - on-the pay roll of February 17, 1938, submitted in
evidence by the Company ; the names of 6 persons temporarily laid
1166 NATIONAL LABOR RELATIONS BOARD
off on this date, namely, Mrs. 0. M. Peterson, Joseph Restivo, Michael
Scoglielli, John Szwede, Hugo Wyman, and Muriel Hannor, were
supplied by representatives of the Company at the hearing; the name
of one person, Cecelia Skanarak, also temporarily laid off on this
date, was supplied by the Union at the hearing.
The Company contends that between February 17, 1938, and the
`date of the hearing, 6 of the' above-named 47 persons had ceased to
be employees of the Company and should not be included in the
unit. It defines an employee as a worker who is at all times instantly
available. It maintains that 4 had proved themselves not to be avail-
able when their services were required and that two had quit of their
own accord. Representatives of the Company testified that two of
these individuals, Michael Scoglielli and Anthony Mazur, work in
several factories and are therefore not always "on call" when needed.
No claim is made that this situation has arisen since February 17,
1938, or that the Company is unwilling to employ these men when
possible. We are of the opinion that they should be included in
the unit.
The Company expressed some doubt as to the status of Guerdon
Davey. It maintained that it had recently made three unsuccessful
attempts to reach Daley by telephone and had finally transferred
another employee to his place. A fourth attempt to reach him was
successful, but its purpose was to inform him of a possible job in
another factory. It appears that Davey has been employed inter-
mittently for 4 years, 't'hat he is a valuable workman, and that he
would be called in the future when needed. Davey should be included
in the unit.
The Company asserted that Michael Wright, sometimes called
Michael Wurschi, has quit his employment of his own accord. It
appears that Wright has been employed intermittently for 6 years.
He was informed on a certain Friday evening that work was slack
and that he should not report until the following Tuesday. Wright,
who saw no evidence that work was slow, was angry and did not
report on Tuesday. The Company called him by telephone, where-
upon he demanded assurance of steady employment and pay for,the
preceding Saturday and Monday. The Company was unwilling to
agree and transferred another employee to his place. A few days
later, when Wright went to the factory to recover his brushes and
other property, he conferred with-the secretary of the Company and
was offered piece work. He made a counterproposal and testified
that at the time of the hearing he was waiting to learn upon what
basis the Company would call him back. In view of the length of
time this employee has been with the Company, the intermittent and
irregular nature of all the employment in this factory, and the ex-
DECISIONS AND ORDERS 1167
pressed willingness on the part of the Company to call him back
upon some basis, we find that Wright should be included in the unit.
Representatives of the Company testified that they had made an
unsuccessful attempt to'call Tony Bruno back to work and had later
learned that he had left the city to return to art school. It also
stated that Betty Stemper had obtained permanent employment else-
where and had personally so informed an officer of the Company.
This testimony was not challenged and we shall, therefore, exclude
Tony Bruno and Betty Stemper from the unit.
We find that the production and maintenance employees, includ-
ing foremen, assistant foremen, foreladies, assistant foreladies, and
shipping clerks, and excluding clerical and office employees, constitute
a unit appropriate for the purposes of collective bargaining and that
said unit will insure to employees of the Company the full benefit
of their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act.
We also find that as of the time of the hearing the appropriate
unit consisted of 45 employees.
VI. THE DETERMINATION OF REPRESENTATIVES
We have determined that at the time of the hearing there were 45
employees within the unit found to be appropriate for the purposes
of collective bargaining. The Union submitted in evidence 23 mem-
bership cards allegedly signed by employees Within this unit. The
Company admitted the genuineness of the signatures on 19 of these
cards-and contested the genuineness of 5. Pay checks endorsed by
the .5 challenged individuals were introduced in evidence for the
purpose of comparison by the Board. In this state of the evidence
we are unable to find that the Union has clearly established that it
represents a majority of the employees in the appropriate unit. We
find that the question concerning representation which has arisen can
best be resolved by the holding of an election by secret ballot. Those
eligible to vote in the election shall be the 45 persons whom we have
found in Section V above to be in the appropriate unit as of the time
of the hearing.
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 Flexo Products Corporation, Chicago,
Illinois, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
1168 NATIONAL LABOR RELATIONS BOARD
2. The production and maintenance employees, including foremen,
assistant foremen, foreladies, assistant foreladies, and shipping clerks,
and excluding clerical and office employees, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the National Labor Relations 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 1, as amended, it is
hereby
DIRECTED,that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Flexo Products Corporation, Chicago, Illinois, an election by
secret ballot shall be conducted within fifteen (15) days from the
date of this Direction, under the direction and supervision of the
Regional Director for the Thirteenth Region, acting in this matter as
agent. for the National Labor Relations, Board and subject to Article
III, Section 9, of said Rules and Regulations, among the production
and maintenance employees of Flexo Products Corporation, includ-
ing foremen, assistant foremen, foreladies, assistant foreladies, and
shipping clerks, whose names appear on the Company's pay roll of
February 17,1938, and in addition the following employees: Michael
Scoglielli, Mrs. O. M. Peterson, Joseph Restivo, John Szwede, Hugo
Nyman, Muriel Hannor, and Cecelia Skanarak, excluding clerical
and office employees and also Tony Bruno, Betty Stemper, and any
other employees who have since quit or been discharged for cause,
to determine whether or not they desire to be represented by Inter-
national Brotherhood of Electrical Workers Local B-713 for the
purposes of collective bargaining.