Hussman-Ligonier Co.

National Labor Relations Board - Board Decisions

Mar 28, 1946

66 N.L.R.B. 1331 (N.L.R.B. 1946)

In the Matter of HUSSMAN -LIGONIER COMPANY and STOVE MOUNTERS
INTERNATIONAL UNION OF NORTH AMERICA , LOCAL No. 110, A. F. L.
Case No. 14-R-1303.-Decided March 28, 1946
Messrs. George B. Logan, Thilliam B. McMillan, and Warren C.
Flynn, of St. Louis, Mo., for the Company.
Messrs. Elmer P. Theiss and Edwin F. Kaiser, of St. Louis, Mo.,
for the Stove Mounters.
Mr. Elmer P. Theiss, of St. Louis, Mo., for the A. F. of L.
Messrs. Clarence Bingaman and Victor Pa•sehe, of St. Louis, Mo..
for the C. I. O.
Mr. Arnold Ordman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TILE CASE
Upon a petition duly filed by Stove Mounters International Union
of North America, Local No. 110, A. F. L., herein called the Stove
Mounters, alleging that a question affecting commerce had arisen
concerning the representation of employees of Hussman -Ligonier
Company, St. Louis, Missouri, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Harry G. Carlson, Trial Examiner. The hear-
ing was held at St. Louis , Missouri , on November 15,1945. The Com-
pany, the Stove Mounters, the American Federation of Labor and its
affiliated International Unions, herein called the A. F. of L., and the
United Electrical, Radio and Machine Workers of America, C. I. 0.,
herein called the C. I. 0., appeared and participated. All parties
were afforded full opportunity to be heard, to examine and cross-
examine witnesses , and to introduce evidence bearing on the issues.
The Trial Examiner 's rulings made at the hearing are free from
prejudicial error and are hereby affirmed .' All parties were afforded
opportunity to file briefs with the Board.
Upon the entire record in the case , the Board makes the following:
'In the light of the facts disclosed in Section IV, infra, the Trial Examiner 's ruling
permitting the A . F. of L . to intervene over the objection of the C. I 0., was proper.
66 N. L. R. B.. No. 159.
1331
1332 11r;C1510iN5 OF N_1TI0NAL LABOR RELATIONS BO.1ROO
FLADIZrGS ON FACT
1. THE BUSINESS OF THE COMPANY
Hussman-Ligonier Company, a Delaware corporation, has its prin-
cipal office and place of business in St. Louis, Missouri, where it is
engaged in the manufacture and sale of refrigerators and refrigerat-
ing equipment. During the first 9 months of 1945, the Company
purchased raw materials valued in excess of $1,000,000, of which
approximately 90 percent was shipped to it from points outside the
State of Missouri. During the same period, the Company's finished
products were valued in excess of $1,000,000, of which approximately
15 percent was shipped to points outside the State of Missouri.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Stove Mounters International Union of North America, Local No.
110, is a labor organization affiliated with the American Federation
of Labor, admitting to membership employees of the Company.
The American Federation of Labor and its affiliated International
Unions is a labor organization , admitting to membership employee
of the Company.
United Electrical , Radio and Machine WTorkers of America is a
labor organization affiliated with the Congress of Industrial Organ-
izations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Stove
Mounters as the exclusive bargaining representative of certain of its
employees until the Stove Mounters has been certified by the Board
in an appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Stove Mounters represents a substantial
number of employees in the voting group it asks to be established 2
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.
The Field Examiner reported that the Stove Mounters submitted 66 authorization
cards bearing the names of 42 employees listed on the Company 's pay roll for the period
ending October 11, 1945 ; and that the C. I. 0 submitted 27 authorization cards bearing
the names of 26 employees listed on the same pay roll. There are approximately 81 em-
ploveec in the voting group -ought by the Stove Mounters
HUSSMAN-LIGONIE IL COMPANY 1333
Iv. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The Stove Mounters and the A. F. of L. request that an election be
held among all employees in the porcelain enameling department, and
that if these employees select the A. F. of L. as their bargaining
representative, they be merged into the plant-wide unit represented
by that organization. The C. I. O. seeks a separate unit of the porce-
lain enameling department employees. The Company contends, how-
ever, that only a plant-wide unit is appropriate. and opposes an
election among these employees.
On April 12, 1941, as a result of a petition for certification and
self-determination elections held pursuant thereto,3 the C. I.' O. was
certified by the Board as the exclusive bargaining agent for the
porcelain enameling department employees, and the A. F. of L. was
certified as the exclusive bargaining agent for all production and
maintenance employees except those in the porcelain enameling de-
partment. Contracts renewable from year to year were subsequently
executed by the Company with both unions for their respective obits."
In 1942 the Company, due to war exigencies, discontinued the porce-
lain enameling department, transferring some of its employees t,)
other departments. In December 1914 the porcelain enameling de-
partment was re-established. From this time until September 1915.
the Company recognized and bargained with the A. F. of L. as the
representative of the porcelain enameling department employees
under its continuing contract with the A. F. of L.,5 but recognition
was withdrawn and bargaining ceased as soon as the Company learned
in September 1945, that the C. I. O. claimed an interest in such
employees.
In the prior proceeding involving the Company," the Board, in
reaching its decision to hold separate self-determination elections for
the workers of the porcelain enameling department and for the re-
mainder of the production and maintenance employees, carefully con-
sidered the history of collective bargaining in the Company's plant,
the general nature of the manufacturing process, and the relation-
ship of the porcelain enameling department to the other departments
in the plant. It concluded that the porcelain enameling department
employees could he represented either in a separate unit as desired by
the C. I. 0., or as part of a plant-wide unit sought by the A. F. of L.
Unless substantial differences now appear, we are of the opinion that
8 See Matter of Hussman - Ligonier Company , 30 N. L R B 121.
4 Under the A. F. of L.'s contract, employees were required to become members of the
various affiliates of that organization having appropriate jurisdiction.
S The Stove Mounters was the particular affiliate of the A F of L having jurisdictiop
over these employees.
6 See footnote 3, supra.
1334 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the same result is indicated in the present case insofar as the porcelain
enameling department employees are concerned.
As to such differences the Company argues that the porcelain
enameling department which formerly occupied a separate building
is now housed together with four other departments. But this change
was contemplated at the time of the prior hearing and was noted in
the Board's decision.
The Company argues further that the employees of the porcelain
enameling department, contrary to the former practice, now observe
the same hours and are paid on the same day as the employees of the
other departments. Also it points out that out of approximately 80
employees now working in the porcelain enameling department, 60
are newly hired, and the remainder were transferred from other de-
partments of the Company; only 9 or 10 had been previously em-
ployed in the old porcelain enameling department. Nevertheless the
employees of this department are separately supervised, work together
in one location in the plant, and are readily identifiable. Moreover,
all interested labor organizations concede the right of these em-
ployees to a separate election . We deem it significant, furthermore,
that the C. I. 0., subsequent to its certification, did in fact represent
the porcelain enameling department employees in a separate unit
until 1942.
Under all these circumstances we shall make no finding with respect
to the appropriate unit. Such determination will depend. in part.
upon the desires of the porcelain enameling department employees as
expressed in the election hereinafter directed. If the employees select
the A. F. of L., they will thereby be deemed to have indicated their
desire to be bargained for as part of the existing plant-wide unit it
now represents. If they vote for the C. I. 0., they will thereby be
deemed to have indicated their desire to constitute a separate bar-
gaining unit.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among all em-
ployees of the Company's porcelain enameling department, excluding
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, 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-
HUSSMAN -LIGONIER COMPANY 1335
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIm crED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Hussman-Ligonier
Company, St. Louis, Missouri, 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 Fourteenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, of said Rules and Regulations,
among employees in tlae voting group described in Section IV, above,
who were employed during the pay-roll period immediately preced-
ing the date of this Direction, including employees who did not wort.
during said pay-roll period because they were ill or on vacation or
temporarily laid off, and including employees in the armed forces of
the United States who present themselves in person at the polls, but,
excluding those employees who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
election, to determine whether they desire to be represented by the
American Federation of Labor and its affiliated International Unions
or by United Electrical, Radio and Machine Workers of America,
C. I. 0., for the purposes of collective bargaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election. %