Jensen Radio Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 28, 1941

30 N.L.R.B. 648 (N.L.R.B. 1941)

In the Matter Of JENSEN RADIO MANUFACTURING COMPANY and UNITED
ELECTRICAL, RADIO & MACHINE WORKERSr OF AMERICA, -AFFILIATED
WITH CONGRESS OF INDUSTRIAI: ORGANIZATIONS - -
Case No. R-2,374.-Decided March 28, 1941
Jurisdiction : radio equipment manufacturing industry.,
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees including receiving and shipping-room employees, janitors, and an
electrical maintenance employee, but excluding office, sales, clerical, factory
clerical, and supervisory employees.
Mr. Otto Jaburek, of Chicago, Ill., for the Company.
Mr. Ernest DeMaio and Mr. Robert Kirkwood, of Chicago, Ill.,
for the Union.
Mr- Robert D. Allen, of counsel to the Board.'
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 3, 1941, United Electrical, Radio & Machine Workers
of America, affiliated with the Congress of Industrial 'Organizations,
herein called the Union, filed with, the Regional Director for the
Thirteenth Region (Chicago, Illinois) 'a petition alleging that a
question affecting commerce had arisen, concerning the representation
of employees of Jensen Radio Manufacturing Company, Chicago,
Illinois, herein called the Company, and requesting an investigation
and' certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On February 21, 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 clue notice.
30 N. L. R. B., No. 99.
648
JENSEN. RADIO MANUFACTURING COMPANY 649
On February 24,- 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
the Union. Pursuant to notice, a hearing was held on March 6, 1941,
at Chicago, Illinois,, before Charles F.,McErlean, the Trial Examiner
duly designated by the Chief Trial Examiner. The Company and
the Union were represented by counsel and participated in the hear-
ing. Full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing upon 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 thil,t 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
Jensen Radio Manufacturing Company is a Nevada corporation
with its principal office and place of business in Chicago, Illinois,
where it is engaged in the manufacture, sale, and distribution of
radio loud speakers, amplifiers, and 'public address and sound equip-
ment. During the period from March 1, 1939, , through February
29, 1940, the Company purchased raw materials having a value of
$534,120. Approximately 80 per cent in value of such raw materials
were purchased' outside the State of Illinois. During the same period
the Company manufactured products having a value of $943,000, of
which approximately 47 per cent, in terms of value, were shipped to
points outside.the State of Illinois. The Company admits that it is
engaged in interstate commerce within the meaning of the-Act.
II. THE ORGANIZATION INVOLVED
United Electrical , Radio & Machine Workers of America, affiliated
with the Congress of Industrial Organizations , is a labor organiza-
tion admitting to membership employees of the Company
III. THE QUESTION CONCERNING REPRESENTATION
On February 3, 1941, the Union requested that the Company recog-
nize it as the exclusive bargaining representative of employees in the
unit which the Union claims to be appropriate. The Company, on
February 4, 1941, refused to grant such recognition on the ground
that it did not believe that the Union represented a majority.
650 DECISIONS OF NATIONAL 'LABOR RELATIONS BOARD
It appears from a statement made by the Trial Examiner at the
hearing, that the Union represents a substantial number of employees
in the unit hereinafter found to be appropriate.'
_ We find that a question has arisen concerning representation of
employees of the Company.
IV. THE EFFECT OF THE QU17STION CONCERNING REPRESENTATION UPON
COM1IERCE
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 commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The parties stipulated at the hearing that all production and main-
tenance employees of the Company, including receiving and shipping-
room employees, janitors, and electrical maintenance employee Bur-
dette, should be included in the appropriate unit, and that office, sales,
clerical, and supervisory employees should be excluded. The Union
asked that the four factory clerical employees be excluded from the
appropriate unit, while the Company asked that they be included.
The record shows that none of the four factory clerical employees
engage in any actual production work, their duties being entirely
of a clerical nature. We shall exclude them from the appropriate
unit.
We find that all production and maintenance employees of the
Company, including receiving and shipping-room employees, jani-
tors, and electrical maintenance employee Burdette, but excluding
office, sales , clerical, factory clerical, and supervisory employees, con-
` stitute a unit appropriate for the purposes of collective bargaining,
and that said unit will insure to 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.
'The Trial Examiner stated that 117 cards designating the Union as collective bargain-
ing representative had been submitted to him by the Union, that the signatures thereon
appear to be genuine original signatures , that 104 cards were dated in 1941, 2 were undated,
and the balance were dated in 1940, that the Company submitted its pay roll of March 5,
1941, which contained 219 names, and that of the 117 cards, 95 appeared ' to be signed by
persons whose names appeared on this payroll
JENSEN RADIO MANUFACTURING COMPANY 651
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.
At the hearing, the Union asked that eligibility of employees to
vote in such election as the Board might order, be determined by
the Company's pay roll next preceding the date of the hearing. The
Company asked that we follow our usual practice in this connection.
We shall use as the date for. determining eligibility of employees to
vote the pay-roll period immediately preceding the date of this
Direction of Election, 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 repre-
sentation of employees of Jensen Radio Manufacturing Company,
Chicago, Illinois, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the Act.
2. All production and maintenance employees of the Company,
including receiving and shipping-room employees, janitors, and elec-
trical maintenance employee Burdette, but excluding office, sales,
clerical, factory clerical, and supervisory employees, constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the 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 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 Jensen Radio Manufacturing Company, Chicago, 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 Thir-
teenth 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
652 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of Jensen Radio Manufacturing Company, Chicago, Illinois, who
were employed by the Company during the pay-roll period immedi-
ately preceding the date of this Direction, including receiving and
shipping-room employees, janitors, electrical maintenance employee
I3urdette, and those who did not work during such pay-roll period
because they were ill, or on vacation or absent because called for
military service, and employees who were then or have since been-
temporarily laid off, but excluding office, sales, clerical, factory cleri-
cal, and supervisory employees, and those 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.