Grand Rapids Varnish Corp.

National Labor Relations Board - Board Decisions

Jul 24, 1941

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

In the Matter of GRAND RAPIDS VARNISH CORPORATION and INTERNA-
TIONAL BROTHERHOOD OF PAINTERS , DECORATORS AND PAPER HANGERS,
A. F. OF L. LOCAL 732.
Case No. R-2710.-Decided July 24, 1941
Jurisdiction : paint manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition until it is certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees at the Grand Rapids plants of the Company, including shipping,
receiving, and warehouse employees, chemists, and other technical employees
not in a confidential capacity, but excluding graduate chemists, superintend-
ents, foremen, office and clerical employees, and supervisory employees with
the power to hire or discharge, agreement as to.
Mr. Stephen F. Dunn, of Grand Rapids, Mich., for the Company.
Mr. Charles Newcomb, of Detroit, Mich., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
On April 2 and 15 and May 31, 1941, respectively, International
Brotherhood of Painters, Decorators and Paper Hangers, A. F. of
L., Local 732, herein called the Union, filed with the Regional Direc-
tor for the Seventh Region (Detroit, Michigan) a petition- and
amended petitions alleging that a question affecting commerce had
arisen concerning the representation of employees of Grand Rapids
Varnish Corporation, Grand Rapids, Michigan, herein called the
Company, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On June 9, 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 June 18, 1941, the Regional Director issued a notice of hearing,,
copies of which were duly served upon the Company and the Union.
33 N. L . R. B., No. 133.
757
758 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to notice, a hearing was held on July 8, 1941, at Grand
Rapids, Michigan, before Howard W. Kleeb, the Trial Examiner duly
designated by the Chief Trial Examiner. The Company was repre-
sented by counsel, the Union by its representative; both 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 several 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.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Grand Rapids Varnish Corporation is a Michigan corporation
with its principal office and plants at Grand Rapids, Michigan, where
it is engaged in the manufacture, sale, and distribution of paints,
varnishes, lacquers, enamels, and stains. The Company purchases
raw materials valued at about $77,000 each month, at least 90 per
cent of which are purchased by it in points outside the State of
Michigan. The Company sells finished products valued at $102,000
a month, approximately 42 per cent of which are shipped by it to
points outside the State of Michigan. The Company admits that it
is engaged in interstate commerce within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
International Brotherhood of Painters , Decorators and Paper
Hangers of America, Local 732, is a labor organization affiliated with
the American Federation of Labor. It admits to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refused to recognize the Union as exclusive repre-
sentative of its employees until it is certified by the Board as such
representative. A statement of the Trial Examiner during the
hearing shows that the Union represents a substantial number
of employees in the unit alleged by it to be appropriate.'
We find that a question has arisen concerning the representation
of employees of the Company.
I The Trial Examiner stated that the Union presented 78 application cards to him bear-
ing the names of persons appearing on the Company 's pay roll of May 27 , 1941. There
are 110 employees on the May 27, 1941 pay roll who are also in the alleged appropriate
unit.
GRAND RAPIDS VARNISH CORPORATION 759
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
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 Company and the Union agreed at the hearing, and we find,
that all production and maintenance employees at the Graaid Rapids
plants of the Company, including shipping,, receiving, and ware-
house employees, chemists, and other technical employees not in a
confidential capacity, but excluding graduate chemists, superin-
tendents, foremen, office and clerical employees, and supervisory
employees with the power to hire and discharge, constitute an
appropriate bargaining unit. We find further that such unit will
insure to the 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.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation can best be
resolved by an election by secret ballot. The Union and the Company
agreed at the hearing that in the event the Board directs an election,
eligibility to vote should be determined by a current pay roll. In
accordance with our usual practice, we shall direct that the employees
of the Company eligible to vote in the election shall be those
employees in 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 hereinafter.
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 Grand Rapids Varnish Corporation, Grand
Rapids, Michigan, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
760 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ,
2. All production and maintenance employees at the Grand Rapids
plants of the Company, including shipping, receiving, and warehouse
employees, chemists, and other technical employees not in a confiden-
tial capacity, but excluding graduate chemists, superintendents, fore-
men, office and clerical employees, and supervisory employees with
the power to hire or 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
Relations Act 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 bargaining
with Grand Rapids Varnish Corporation , Grand Rapids , Michigan,
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 Seventh
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
at the Grand Rapids plants of the Company who were employed
during the pay -roll period immediately preceding the date of the
Direction herein , including shipping , receiving , and warehouse em-
ployees, chemists , other technical employees not in a confidential
capacity , and 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 graduate chemists , superintendents , foremen, office and
clerical employees , supervisory employees with the power to hire or
discharge, and employees who have since quit or been discharged
for cause , to determine whether or ' not they desire to be represented
by International Brotherhood of Painters , Decorators and Paper
Hangers, Local 732, affiliated with the American Federation of Labor,
for the purposes of collective bargaining.