Gibson Refrigerator Co.

National Labor Relations Board - Board Decisions

Dec 4, 1942

45 N.L.R.B. 1056 (N.L.R.B. 1942)

In the Matter of GIBSON REFRIGERATOR COMPANY and INTERNATIONAL
UNION, UNITED AUTOMOBILE , AIRCRAFT AND AGRICULTURAL IMPLE-
MENT WORKERS OF AMERICA (U. A. W.-C. I. 0.)
Case No. R-.436.Decided December 4, 194
Jurisdiction : ordnance manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to'accord union recognition; contract with rival organization no bar to,
where petitioning union gave notice of its claim to representation prior to its
renewal date and where the contracting parties are in the process of negotiat-
ing a new contract; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at both plants of Company, with specified exclusions ; stipulation
as to.
Pope d Ballard, by Mr. Lee C. Shaw, of Chicago, Ill., for the
Company. I
Mr. D. R. Sherwood and Mr. Leonard Woodcock, of Grand Rapids,
Mich., for the Union.
Mr. John F. Cusack, of Chicago, Ill., and Mr. J. A. Wetzell, of
Greenville, Mich., for the Independent.
Mr. Leo J. Halloran, of counsel to the Board. '
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Auto-
mobile, Aircraft and Agricultural Implement Workers of America
(U. A. W.-C. I. O.), herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Gibson Refrigerator Company, Greenville, Michigan,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Harold A.
Cranefield, Trial Examiner. Said hearing was held at Greenville,
Michigan, on October 21, 1942. The Company, the Union, and Union
of Employees of Gibson Refrigerator Company, herein called the
Independent, appeared, participated, and were afforded full oppor-
45 N. L. R. B., No. 147.
1056
•'GIBSON REFRIGERATOR COMPAATY 11057
tunity'to be heard, to 'examine and cross-examine' Witnesses; and to
introduce evidence bearing on the issues. The Company 'moved 'to
dismiss the petitiou'oIi the ground'that it had a collective bargaining
con'tiFact with the' 'independent which is still in full force and effect
and constitutes a bar to an election- at this time, and on the furthei
ground that the Independent represents a majority of the employees
in the `alleged appropriate unit. The Trial Examiner referred the
motion to the Board. For reasons hereinafter stated, the motion is
denied. The'Trial Examiner's rulings made at the 'hearing-are free
from prejudicial error and are hereby affirmed.
.On November 2, 1942, the Company, and on November 3, 1942, the
In'depend`ent, filed briefs which the Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
,Gibson Refrigerator Company, a Michigan Corporation , maintains
its principal office and place of business in Greenville, Michigan, and
operates plants in Greenville and Belding, Michigan, where it is
engaged in the manufacture of various munitions and articles of
ordnance for the United States. The Company was formerly engaged'
in the manufacture of electric refrigerators and ranges. The Com-
pany receives raw materials of a value exceeding $50,000 per month
from points outside the State of Michigan, and ships products of equal
value monthly into channels of interstate commerce . The Company
admits that it is engaged in commerce within the meaning of the
National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America, is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to membership
,L employees of the Company.
Union of Employees of Gibson Refrigerator Company, unaffiliated;
is a labor organization admitting to membership, employees, of the
Company.
III. THE QUESTION -CONCERNING REPRESENTATION
On July 27, 1942, the Union requested the company to recognize
it as the exclusive representative of the productioh and maintenance
employees at the Company's Greenville and Belding plants. On July
493508-43-vol. 45-67
1058 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
31 the Company merely acknowledged receipt of the. letter from the
Union and, at the hearing, stated that it had not recognized the Union
as the representative of its employees. The Company and the Inde-
pendent contend. that an existing contract between them is a bar to
a present determination of representatives.
The present contract between the Independent and the Company
was entered into on June 23, 1941, and provided that it should be
effective until August 31, 1942, and annually thereafter; subject; to
termination or modification upon 30 days' notice prior to August 31
in any year. On July 22, 1942, the Independent notified the Com-
pany -of its desire to modify the contract, and negotiations with
respect thereto continued until a few weeks prior to the hearing.
Although modifications were agreed upon, no new contract has been
executed. Inasmuch as the contract was opened for negotiations
prior to the automatic renewal date and since the Union gave the
Company notice of its claim to representation more than 30 days
prior to August 31, 1942, we find that the contract does not constitute
a bar to a present determination of representatives.
The record indicates that the Union and the Independent each
represents a substantial number of employees in the unit hereinafter
found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the mean_ ing
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find,' in accordance with a. stipulation of the parties, that all
production and maintenance employees of the Company at its Green-
ville and Belding, Michigan plants, excluding supervisory employees,
office and clerical employees, foremen and assistant foremen, plant
protection employees, student employees, engineering employees, and
laboratory employees, constitute a unit appropriate for the purpose
of collective bargaining within the meaning of Section 9 (b) of the
Act.
'The Regional Director reported that the Union had submitted 222 application cards
which bore names of persons on the Company ' s pay roll of August 15, 1942, which listed
450 employees in the appropriate unit. At the hearing, the Union submitted additional
cards to the Trial Examiner , who stated that the names on 20 of the cards appeared on
the August 15, 1942 , pay roll and that notations on a number of the remaining cards
indicated. that the signet had been hired subsequent to August 15. At the time of the
hearing there were approximately 865 employees in the appropriate unit . The Independent's
president testified that on or about August 26, 1942 , he had submitted to the Regional
Director 556 cards , "all from the date 1941 ," of persons then employed by the Company.
No comparison of these cards against a pay roll was made. : We find no merit in the con-
tention that the Union has not made a sufficient representation showing to « arrant the
holding of an election
GIBSON REFRIGERATOR COMPANY 1059
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in 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 additions set forth in the
Direction.
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 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 purpose of collective bargaining with Gibson Refrigera-
tor Company, Greenville, Michigan, an election by secret ballot shall
be.conducted.as early as possible,,but pot later than thirty (30) days
from the date of this Direction, under the direction and supervision
of the Regional Director for the Seventh Region, acting in this matter
as agent for the National Labor Relations 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 immediately, preceding the
date of this Direction, including employees 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 employees who have since quit or been dis-
charged for cause, to determine whether or not they desire to be
represented by International Union, United Automobile, Aircraft
and Agricultural Implement Workers of America (U. A. W.-C. I. 0.),
or by Union of Employees of Gibson Refrigerator Company for the
purposes of collective bargaining, or by neither.