Goodrich Electric Co., Inc.

National Labor Relations Board - Board Decisions

Apr 7, 1941

30 N.L.R.B. 979 (N.L.R.B. 1941)

In the Matter of GOODRICH ELECTRIC Co., INC. and UNITED ELECTRICAL
RADIO & MACHINE WORKERS OF AMERICA
Case No. R-2379.-Decided April 7, 1941
Jurisdiction : electrical appliance manufacturing industry.
Investigation and Certification of Representatives : existence of question : refusal
to accord union recognition until it is certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : production employees and em-
ployees directly associated with production, including tool, die, and mainte-
nance employees and watchmen, and excluding supervisory, clerical, salaried,
and technical employees, officials, and employees having authority to hire and
discharge.
Practice and Procedure:
Labor oiganization which made no claim to actual membership among
the Company's employees held not to have a substantial interest in the
proceedings as would entitle it to intervene or to be placed on ballot.
Jacobson, Merrick, Nierman c6 Silbert, by Mr. Lewis F. Jacobson,
of Chicago, Ill., for the Company.
Mr. Ernest De Maio and Mr. Robert Kirkwood, of Chicago, Ill.,
for the United.
Mr. Emory J. Smith, of Chicago; Ill., for the I. B: E. W.
Mr. Raymond J. Compton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 13, 1941, United Electrical Radio & Machine Workers
of America, herein called the United, filed with the Regional Direc-
tor for the Thirteenth Region (Chicago, Illinois) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Goodrich Electric Co., Inc., Chicago, Illi-
nois, herein called the Company, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act. On
February 26, 1941, the National Labor Relations Board, herein called
30 N. L. R. B., No. 140.
440135-42-Vol. 30-63 979
980 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Board, acting pursuant to Section 9 (c) of the Act and Article
III, Section 3, of National Labor Relations Board Rules and Regu-
lations-Series 2, as amended, ordered an investigation and author-
ized the Regional Director to conduct it and to provide for an appro-
priate hearing upon due notice. On February 27, 1941, the Regional
Director issued a notice of hearing, copies of which were duly served
upon the Company, upon the United, and upon International Broth-
erhood of Electrical Workers, Local Union B=713, affiliated with the
A. F. of L., herein called the I. B. E. W., a labor organization claim-
ing to represent employees directly, affected by the investigation.
Pursuant" to notice, a hearing was held on March 7 and 8, 1941,
at Chicago, Illinois, before Charles F. McErlean, the Trial Examiner
duly designated by the Chief Trial Examiner. At the, commence-
ment of the hearing, the I. B. E. W. filed a written motion to inter-
vene in the proceeding and requested that it be named on any ballot
submitted to employees of the Company in connection with this
investigation. The Trial Examiner denied the motion. For reasons
indicated in Section III, infra, the ruling of the Trial Examiner is
hereby affirmed.' The Company was represented by counsel and the
United by its representatives and all 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
rulings on other motions and on objections to the admission of evi-
dence. The Board has reviewed the rulings of the Trial Examiner
and finds that no prejudicial errors were cominitted. The rulings
are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
i
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Goodrich Electrical Co., Inc., an Illinois corporation, has its
principal office and place of business in Chicago, Illinois, where it
is engaged in the manufacture and sale of reflectors, electrical fixtures,
and fluorescent lamps for -industrial and commercial' use. In 1'940,
the Company, purchased raw materials valued at approximately $100,-
000, of which approximately 50 per cent were shipped from points
outside the State of Illinois. During the same period, the Company,
sold finished products valued at more than $300,000, of which approx-
1 On March 13, 1941, the I. B E. W. filed with the Board exceptions to the above ruling
of the Trial Examiner and a second motion to intervene and to be designated on the ballot.
This motion is hereby denied
GOODRICH ELECTRIC COMPANY, INC. 981
imately 66 per cent were shipped to States other than Illinois. The
-Company employs between 230 and 240 employees.
II. THE ORGANIZATIONS INVOLVED
United Electrical Radio and Machine Workers of America is a
labor organization affiliated with the Congress of Industrial Organi-
zations, admitting to its membership employees of the Company.
International Brotherhood of Electrical Workers, Local Union
B-713, is a labor organization affiliated with the American Federation
of Labor, admitting to its membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about February 11, 1941, the United requested that the
Company recognize it as the exclusive bargaining- representative of
its production employees. The Company refused to accord such
recognition until the United was certified by the Board.
From a statement made by the Trial Examiner at the hearing,
following his examination of membership application and authoriza-
tion cards submitted by the United, it appears that the United rep-
resents a substantial number of employees within the unit herein-
after found to be appropriate?
In its motions to intervene, the I. B. E. W. alleged in substance
that it had been informed by certain unnamed employees of the
Company that they and other employees desired to be represented
by the I. B. E. W. It makes no claim, however,, to any actual mem-
bership among the Company's employees. Under these circumstances,
we find that the I. B. E. W. does not have such a substantial inter-
est in this proceeding as to entitle it to intervene herein or to be
placed on the ballot in the election directed below.3
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, occuring in connection with the operations of the Company
2 The United submitted to the Trial Examiner 205 membership application and authoriza-
tion cards , of which 4 were signed in January and'200 in February 1941 . Two hundred and
three of the cards appeared to bear genuine signatures The Company employs between 230
and 240 employees. The Trial Examiner made no comparison of the cards with the'pay-
roll records of the Company , since the Company refused to comply with the subpena
issued by the Board to produce such records at the hearing . The Company agreed, how
ever, to furnish its pay -roll reords within a reasonable time prior to any election ordered
by the Board.
a See Matter of American Enka Corporation and Textile Workers Union No. 22129, Ameri:
can Federation of Labor , 28 N L R B 423.
982 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 United maintains that all production employees and em-
ployees directly associated with production, including tool, die, and
maintenance employees, and excluding supervisory, clerical, salaried,
(and technical employees, officials, and employees having authority to
hire' and discharge, constitute a unit appropriate for the purpose of
collective bargaining. The Company is in agreement with the United
as' to the appropriateness of the foregoing unit, but contends that
watchmen, caretakers, engineers, firemen, and employees having the
right to recommend hiring, discharge, promotion, and 'demotion,
should also be excluded.
The Company introduced no evidence in support of its contentions
with respect to the appropriate unit. It appears from the record,
however, that watchmen are employed in dual capacity and as
caretakers also perform repairing, cleaning, and other maintenance
work. We" shall include them in the Unit .4
The Company also asks that engineers and firemen be excluded
from the unit, but it appears that there are no engineers or firemen
employed in the plant, since the Company maintains no powerhouse
and the operation of its heating system is entrusted to maintenance
men. Technical engineers and designers employed by the Company
are already excluded from the unit as coming within the general
category of technical employees.
While the Company requests the exclusion of employees ' with
authority to recommend hiring, discharge, promotion, and demotion,
the evidence shows that such authority is vested in minor super-
visory employees or gang leaders whom the United admits, to mem-
bership and desires to include within the bargaining unit. We shall
not, therefore, exclude such employees from the unit .,9
We find that all' production employees and employees directly
associated with production, including tool, die, and maintenance
employees and watchmen, and excluding supervisory, clerical, sal-
aried, and technical employees, officials, and employees having author-
ity to hire and discharge, constitute a unit appropriate for the pur-
*Matter of Birmingham Tank Company, Division of The Ingalls Iron Works Company,
Inc. and International Association of Bridge, Structural and Ornamental Iron Workers,
Shopment's Local No. 539, 25 N. L R. B 1306
5 See Matter of Todd-Johnson Dry Docks, Inc. and Industrial Union of Marine and Ship-
, building Workers of America, Local No. 29, 18 N. L R. B 973, and cases cited therein.
GOODRICH ELECTRIC COMPANY, INC. 983
poses of collective bargaining , and that said unit will insure to
employees of the Company the full benefit of their right to self-
organization and collective bargaining and otherwise effectuate the
policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company within the unit we have
found to be appropriate can best be resolved by an election by secret
ballot. The United requested that the pay -roll period immediately
preceding the filing of its petition herein be used to determine eligi-
bility to vote , because of the possibility that in the immediate future
the Company may be forced to curtail its production , and accordingly
decrease personnel , due to the diversion of raw materials to defense
industries. The contingency which the United contemplates would
necessitate only a temporary lay-off of the Company's employees,
and since we shall , direct that employees eligible to vote in the elec-
tion shall include those temporarily laid off , we will not depart from
our usual practice of using a current pay-roll date. Accordingly,
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, subject to such limitations and
additions as are 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 employees of Goodrich Electric Co., Inc., Chicago,
Illinois, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All production employees of the Company and employees di-
rectly associated with production, including tool , die, and , mainte-
nance employees and watchmen , and excluding supervisory , clerical,
salaried, and technical employees , officials, and employees having au-
thority to hire and discharge , 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 Re-
984 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
lations Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board 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 bargain-
ing with Goodrich Electric Co., Inc., iicago, Illinois, 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 Thirteenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board and subject to Article III, Section 9, of said Rules and
Regulations, among all production employees and employees di-'
rectly associated with production who were employed by the Com-
pany during the pay-roll period immediately preceding the date of
this Direction of Election, including tool, die, and maintenance em-
ployees, and watchmen, 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, and excluding supervisory, clerical, salaried, and technical
employees, officials, employees having authority to hire and discharge,
and employees who have since quit or been discharged for cause, to
determine whether or not they desire to be, represented by, United
Electrical Radio & Machine Workers of America, affiliated with the
Congress of Industrial Organizations; for the purposes of collective
bargaining.