Fruehauf Trailer Co. of California

National Labor Relations Board - Board Decisions

Dec 18, 1941

37 N.L.R.B. 757 (N.L.R.B. 1941)

In the Matter of FRUEHAUF TRAILER COMPANY OF CALIFORNIA and
UNITED AUTO, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA, LOCAL 811, C. I. O.
Case No. R-3089-Decided December 18, 1941
Jurisdiction : motor trailer and body manufacturing industry.
Investigation and Certification of Representatives : existence of question:
refusal of Company to accord union recognition ; collective bargaining agree-
ment which has been abandoned by both the Company and the union, no b'ar
to ; name of competing organization which made no showing of representation
at the hearing, but which conducted joint organizational campaign with an-
other union, to be placed on the ballot jointly with that union, but with leave
to withdraw upon notice within five days ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees in the manufacturing and sales departments and in the service shops
of the Company, including truck drivers, but excluding supervisors, and salaried
and office employees.
Mr. Stanley A. Phipps, of Los Angeles, Calif., for the Company.
Gallagher cC Wirin, by Mr. Harry A. Kaplan, of Los Angeles, Calif.;
for the U. A. W.
Mr. John V. Cralley and Mr. A. H. Peterson, of Los Angeles, Calif.,
for the I. A. M.
Mr. Lew C. G. Blix, of Los Angeles, Calif., for the Teamsters.
Mr. Marvin C. Wahl, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On or about August 25; 1941, United Auto, Aircraft and Agricul-
tural Implement Workers of America, Local 811, C. I. 0.,' herein
called the U. A. W., filed with the Regional Director for the Twenty-
first Region (Los Angeles, California) a petition alleging that a ques-
tion, affecting commerce had arisen concerning the representation of
employees of Fruehauf Trailer Company of California, Los Angeles,
i By motion granted at the hearing , the name of the organization was amended to read
as appears above.
,37 N. L. R B., No. M.
757
433257-42-vor. 37--w
758 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
California, herein called the Company, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein called the Act.
On September 30, 1941, 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
Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.,
On September 30, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and the
U. A. W., and upon International Association of Machinists, Welders
and Production Workers, Local 311, A. F. of L., herein called the
I. A. M., and International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, Local 495, of the Garage,
Automotive and Service Station Employees, A. F. of L., herein called
the Teamsters, labor organizations claiming to represent employees
directly affected by the investigation.2 Pursuant to notice, a hearing
was held on October 8, 1941, at Los Angeles, California, before Maurice
J. Nicoson, the Trial Examiner duly designated by the Chief Trial
Examiner. The Company and the U. A. W. were represented by
counsel'and'the I. A. M. and Teamsters by their representatives; all
parties participated in the hearing. Full opportunity to' be, heard, to
examine and cross-examine witnesses, and to introduce evidence bear
ing on the issues was afforded all parties. During the course of the
hearing, the Trial Examiner made various rulings on motions and
on objections to the 'admission of evidence. The Board has reviewed
the rulings of the Trial Examiner 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
Fruehauf Trailer Company of California, a California corporation,
is engaged in the, manufacture and sale of commercial- motor trailers.
and bodies.' It maintains and operates plants in Los Angeles, herein,
involved, and in Fresno and San Diego, California, Seattle, Wash-
ington, and Portland, Oregon'. During the first 6 months of 1941,
it purchased products valued at more than $500,000; 'more than
$380,000 worth of the products were shipped from 'places outside _
the State of California. During the same period, the Company's
2
Notice of hearing was also duly served upon the Trailer Employees Service Association,
but that organization did not appear at the hearing.
FRUEHAUF TRAILER- COMPANY 759
net sales- amounted to more than $1,800,000. Of this amount, ap-
proximately $490,000 was received from the sale of products shipped
to places outside of California. The Company admits that it is
engaged in commerce within the meaning of the Act.
H. THE ORGANIZATIONS INVOLVED
United Auto, Aircraft and Agricultural Implement Workers of
America, Local 811, is a labor organization affiliated with the Con-
gress of Industrial Organizations, admitting to membership em-
ployees of the Company.
International Association of Machinists, Welders and Production
Workers, Local 311, is a labor organization affiliated with the Ameri-
can Federation of Labor, admitting to membership employees of the
Company.
International Brotherhood of Teamsters, Chauffeurs, Warehouse-
men and Helpers of America, Local 495, of the Garage, Automotive
and Service Station Employees, -is a labor 'organization affiliated'
with the American Federation of Labor, admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about July 20, 1941, the Company, rejected the I. A. M.'s
request for recognition as the exclusive representative of its em-
ployees within a claimed unit, contending that the ,I. A. M. did not
represent a majority of such employees, and that it had an out-
standing collective bargaining agreement with the Trailer Employees
Service Association. Thereafter the U. A. W. requested the Com-
pany to negotiate a contract with it, but the Company likewise
refused, claiming that the U. A. W. did not represent a majority
of its employees.
It appears that in 1938, the Company entered into an agreement'
with the Trailer Employees Service Association which contained a
provision that either party, on 90 days' notice to the other party,
could terminate the agreement.4 While neither party gave notice
of its intention to terminate the agreement, a representative of the
Company testified that both parties had ceased observing the agree-
ment since August 14, 1941. Moreover, an "agreement" was-intro-
duced in evidence, signed by the officers of the Trailer Employees
Service Association, which provided that the Association "shall
hereby not' have any rights of collective bargaining" at the Com-
'The Company refused to sign an agreement , presented by the I A. Al and the Teainsters,
under which the ,Company would recognize the I A M and the Teamsters as the joint
collective bargaining representative of its employees.
4 That agreement was not made a part of the record , nor do the terms appear therein.
760 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pang's plant and that in the event of an election in the instant
proceedings it did not desire to appear upon the ballot. A letter
to the same effect, addressed to the Regional Director in Los Angeles
and signed by the president of the Trailer Employees Service Asso-
ciation, was introduced in evidence. In addition, as indicated above,
the Trailer Employees Service Association did not appear at the
hearing, although it was served with notice of hearing.
A statement by the Regional Director introduced at the hearing
shows that the U. A. W. and the I. A. M. represent a substantial-
number of employees in the unit, hereinafter found to be-appropriate.5
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 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 com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company and the U. A. W. contend that all production and
maintenance employees in the manufacturing and sales departments
and in the service shops of the Company, including truck drivers,
but excluding supervisors having the power to hire and discharge
and salaried and office employees, constitute an appropriate unit.
The I. A. M. contends that all production employees, excluding
executive officers, supervisors, and confidential employees comprise
an appropriate unit. The Teamsters claim all trucklnen, lubrication
operators, gas-pump island operators, stock- and parts-room men,
pick-up and delivery men, swampers, teamsters' helpers, and ware-
-housemen - as an.' appropriate unit. However, as` noted' previously
the Teamsters made no showing of membership and we cannot, under
the circumstances, attach any weight to its claim for a separate unit.
5 The Regional Director 's statement shows that 224 persons were members in good stand-
ing of the U A. W. as of September 21, 1941. The names of 203 of said persons appealed
on the Company 's September 4, 1941 , pay roll. The I A . M submitted to the Regional
Director 51 authorization cards dated in July , August , and September 1941 All of the
signatures on the cards appeared to be genuine, and 37 of them corresponded to names of
persons appearing on the Company's September 4, 1941 , pay roll. The Teamsters submit-
ted no evidence to the Regional Director in support of its claim to represent employees of
the Company.
FRUEHAUF TRAILER COMPANY 761
The, unit claimed by the U. A. W. and the Company is the same
as that covered by the. contract, discussed in Section III, supra,
between the Company and the Trailer Employees Service Associa-
tion. _ Moreover, the I. A. M. and the Teamsters have conducted a
joint organizational campaign at the Company's plant and, as noted
previously, submitted a contract to the Company providing that they
should be recognized as a joint representative; and, it appears, the
units which they seek cover substantially the same employees as
those whom the U. A. W. and the Company claim comprise an
appropriate unit. Upon the basis of the entire record, we are of
the opinion and find that all production and maintenance employees
in the manufacturing and sales departments and in the service shops
of the Company, including truck drivers, but excluding supervisors 6
and salaried and office employees,' constitute a unit appropriate for
the purposes of collective bargaining and 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 effectu-
ate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. In view
of the fact that the Teamsters and the I. A. M. conducted-a joint
organizational campaign and, at the hearing, sought units which,
taken together, encompass substantially the same employees as those
who fall within the unit found appropriate herein, we shall permit
the Teamsters to appear jointly with the'I. A. M. upon the ballot
as an alternative choice to the U. A. W. If the Teamsters desires to
withdraw from the ballot, it shall notify the Regional Director to
that effect within five (5) days after the receipt of this Decision and
Direction of Election, and its name shall thereupon be omitted from
the ballot. In accordance with our usual practice, we shall direct
that those eligible to vote in the election shall be the employees within
the appropriate unit who were employed by the company during
6 The U. A W asked to exclude supervisors "having the power to hire and discharge"
while the I. A. M stated merely that it would exclude "supervisors" without adding the
limitation specified by the U. A. W. We are of the opinion that all supervisors, whether
or not they have "the power to hire and discharge," should be execluded
' The I A M did not specifically ask for the exclusion of "salaried and office" employees,
but urged the exclusion of "confidential" employees. It did not, however, specify which
employees it considered "confidential" nor does it appear on the record that there are any
"confidential" employees among those included in the appropriate unit Those employees
of the Company who might fall within the classification of "confidential" employees are,
in all probability, among the "salaried and office" employees whom we have excluded from
the appropriate unit. Under all, the circumstances, we shall construe "confidential"
employees to come within the exclusion of "salaried and office" employees.
762 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the pay-roll period immediately preceding the date of the Direction
of Election, subject to the limitations and 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 rep-
resentation of employee of Fruehauf Trailer Company of California,
Los Angeles, California, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act. -
2. All production and maintenance employees in the manufac-
turing and sales departments and in the service shops of the Com-
plant, including truck drivers, but excluding supervisors and salaried
and office employees constitute a unit appropriate 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 . Bo and Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for the purposes of collective bar-
gaining with Fruehauf Trailer Company of California, Los Angeles,
California, 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 Twenty-first 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 all production and
maintenance employees in the manufacturing and sales departments
and in the service shops of the Company who were employed by
the Company during the pay-roll period immediately preceding the
date of this Direction of Election, including truck drivers and em-
ployees who did not work during such pay-roll period because they
were ill or on vacation or in the active military service or training
of the United States, or temporarily laid- off, but excluding super--
visors, salaried and office employees, and employees who have since
quit or been discharged for cause, to determine whether they desire
FRUEHAUF TRAILER COMPANY 763
to be represented by United Auto, Aircraft and Agricultural Im-
plement Workers of America, Local 811, C. I. 0., or by International
Association of Machinists, Welders and Production Workers, Local
311, A. F. of L., and International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers of America, Local ' 495, of the
Garage, Automotive and Service' Station Employees, A. 'F: 'of L.,
for the purposes of collective bargaining,' or by neither. -
MR. GERARD D: REILLY took no part in the consideration of the
above Decision and Direction of Election.