Johnson Optical Co., et al.

National Labor Relations Board - Board Decisions

Dec 9, 1949

87 N.L.R.B. 539 (N.L.R.B. 1949)

In the Matter Of JOHNSON OPTICAL COMPANY, ET AL., EMPLOYERS and
UNITED OPTICAL AND INSTRUMENT WORKERS OF AMERICA, CIO,
PETITIONER
Cases Nos . 18-RC-381 through 18-RC4841 and 18-RC-387 th rough
18-RC-389
SUPPLEMENTAL DECISION
ORDER
AND
SECOND DIRECTION OF ELECTIONS
December 9,1949
On August 26, 1949, the Board 1 issued a Decision and Direction of
Election in the above-entitled proceeding (85 NLRB 895), finding
appropriate a multiple-employer unit composed generally of all lab-
oratory employees in the bench and surface departments of the Em-
ployers at their Minneapolis and St. Paul, Minnesota, branches. An
Order amending the Direction of Election, in certain minor respects,
was issued on September 19, 1949.
Thereafter, the Employers timely filed motions for reconsideration,
and supporting briefs, alleging, inter alia, that the individual Em-
ployers have now decided to abandon all aspects of group action with
respect to labor relations, and requesting, in substance, that the Board
set aside its prior decision as to the scope of the unit and now establish
separate units, as described in the petitions previously filed herein 2
Subsequently, on November 1, 1949, the Board notified the parties
that, unless sufficient cause to the contrary was shown on or before
November 14, 1949, it would amend its Decision to reflect a change
in the scope of the unit. No objections to this proposed action were
filed by the parties.
1 The Board previously delegated its powers with respect to this case to a three -member
panel. However , in view of the nature of the questions which have subsequently arisen,
we have deemed it advisable to have the full Board consider the issues . Accordingly, we
have unanimously revoked the prior delegation of powers.
S The Employers also requested oral argument . This request is denied as the record and
briefs, in our opinion , adequately present the issues and the positions of the parties.
87 NLRB No. 88.
539
540 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In the absence of objection to the action proposed in the Board's
Order of November 1, 1949, and upon the entire record in the case,
the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
1. The business of the Employers :
Each Employer is a wholesale optical company engaged, at the
plants involved herein, in the grinding of lenses and the fabrication
of glasses.
Riggs Optical Company is a Delaware corporation, with its princi-
pal offices in Chicago, Illinois. It operates approximately 60 branches
throughout the United States, including a branch in Minneapolis and
another in St. Paul. The Minneapolis and St. Paul branches annually
receive approximately 90 percent of their raw materials from outside
the State; the annual sales of each of these branches exceed $75,000,
of which approximately 1 percent represents shipments to customers
outside the State.
American Optical Company is a voluntary association, having its
principal offices in Southbridge, Massachusetts. In addition to ''a
branch in Minneapolis and in St. Paul, this company operates numer-
• ous branches throughout the country. Each year, the Employer's
Minneapolis and St. Paul branches individually purchase raw mate-
rials valued in excess of $50,000, of which a substantial portion repre-
sents out-of-State shipments.
The Walman Optical Company is a Minnesota corporation, with its
principal offices in Minneapolis. It operates branches both within and
without the State of Minnesota. The Minneapolis branch, with which
we are now alone concerned,4 annually purchases raw materials valued
in excess of $100,000, of which more than 50 percent represents ship-
ments from sources outside the State; its annual sales amount to over
$100,000, of which approximately 5 percent represents Shipments to
customers outside the State.
Johnson Optical Company, a Minnesota corporation, has its princi-
pal offices, and operates its sole plant, in Minneapolis. This Employer
annually purchases raw materials valued in excess of $90,000, of which
about 90 percent represents shipments from sources outside the State;
gin our original Decision , we predicated the assertion of jurisdiction over all the
Employers , in part , upon the multiple -employer nature of the unit and the, consequent
.impact of the aggregate operations of all the Employers on interstate commerce . However,
as it presently appears that the Employers have elected to pursue individualistic courses of
action with respect to labor relations , we must now determine whether to assert jurisdic-
tion over each Employer , considered individually.
4 Although this Employer also operates a St. Paul branch , which was included in the past
bargaining history and was therefore made part of the multiple -employer unit previously
found appropriate , no separate petition relating to that branch is before us.
JOHNSON OPTICAL COMPANY, ET AL. 541
its annual sales exceed $100,000, of which about 8 percent represents
out-of-State shipments.
Twin-City Optical Company, Inc., a Minnesota corporation with
its principal offices in Minneapolis, operates branches only in Minn-
apolis and Willmar, Minnesota. The Minneapolis branch annually
purchases raw materials valued in excess of $50,000, of which approxi-
mately 90 percent represents shipments from sources outside the State;
its annual sales amount to over $100,000, of which approximately 1'
percent represents shipments to customers outside the State.
We find that Riggs Optical Company, American Optical Com-
pany, and The Walman Optical Company, which operate multi-State
enterprises, are engaged in commerce within the meaning of the Act.'
However, with respect to Johnson Optical Company and Twin-City
Optical Company, Inc., which operate branches only within the State
of Minnesota, we are of the opinion that the activities of these Em-
ployers, while not unrelated to commerce, are essentially local in char-
acter, and that it would not effectuate the policies of the Act to assert
jurisdiction over them.6
Accordingly, we shall amend our prior Decision to dismiss the
petitions relating to the employees of Johnson Optical Company and
Twin-City Optical Company, Inc.
2. The appropriate units :
In our original Decision with regard to the scope of the unit, we
held, contrary to the contentions of the Petitioner and the Employers,
and in accord with the position of the Intervenor, that a multiple-
employer unit of the laboratory employees in the bench and surface
departments of all the Employers at their Minneapolis and St. Paul
branches was appropriate. Our determination in this connection was
founded on the past history of collective bargaining by the Employers
on a group, rather than an individual, basis, and the absence of any
present intention of the Employers, as disclosed in the record, of aban-
doning their concerted actions with respect to labor relations.
Since our Decision, however, it is apparently uncontroverted that
the Employers have decided to abandon all aspects of group bargain-
ing and have elected to pursue individualistic courses of action with
respect to labor relations. Under these circumstances, and in the
absence of any objection to our proposed establishment of separate
units, as contained in our Order of November 1, 1949, we hereby amend
the unit finding in our prior Decision and find appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
8 Riggs Optical Company, Inc ., 81 NLRB 1171.
6 Pan-American Optical Company , 79 NLRB 1237 ; cf. Nola Optical Company, 79
NLRB 1241.
542 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the Act, separate branch units composed of the following em-
ployees at the Minneapolis branch of The Walman Optical Company,
and at the Minneapolis and St. Paul branches of Riggs Optical Com-
pany and of American Optical Company : all laboratory employees
in the bench and surface departments, excluding errand boys, stock-
room employees, inspectors, guards, watchmen, and supervisors as
defined in the Act.7
We shall therefore set aside our original Direction of Election and
direct that separate elections be held among the employees in the
units found appropriate above, who were employed during the pay-
roll period immediately preceding the date of this Second Direction
of Elections.
ORDER
IT IS HEREBY ORDERED that the Direction of Election, issued on August
26, 1949, and as subsequently amended, be, and it hereby is, vacated
and set aside.
IT IS FURTHER ORDERED that the petitions for investigation and certi-
fication of representatives of employees of Johnson Optical Company
and Twin-City Optical Company, Inc., both of Minneapolis, Minne-
sota, filed herein by United Optical and Instrument Workers of Amer-
ica, CIO, be, and they hereby are, dismissed.
SECOND DIRECTION OF ELECTIONS 8
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Riggs Optical Company, Amer-
ican Optical Company, and The Walman Optical Company, separate
elections by secret ballot shall be conducted as early as possible, but
not later than 30 days from the date of this Direction, under the
direction and supervision of the Regional Director for the Region in
which this case was heard, and subject to Sections 203.61 and 203.62 of
National Labor Relations Board Rules and Regulations, among the
employees in the units found appropriate in paragraph numbered 2,
above, who were employed during the pay-roll period immediately
preceding the date of this Second Direction of Elections, including
employees who did not work during said pay-roll period because they
were ill or on vacation or temporarily laid off, but excluding those
employees who have since quit or been discharged for cause and have
7 Cf. Bercut -Richards Packing Company , et al., 68 NLRB 605, 606 , and Rubin E. Rappe-
port, et al., 62 NLRB 1188, and Supplemental Decision, Certification, Direction and Order
( unpublished ), issued August 3, 1945.
8 Any participant in the elections directed herein may , upon its prompt request to, and
approval thereof by, the Regional Director , have its name removed from the ballot.
JOHNSON OPTICAL COMPANY, ET AL. 543
not been rehired or reinstated prior to the date of the elections, and
also excluding employees on strike who are not entitled to reinstate-
ment, to determine whether they desire to be represented, for purposes
of collective bargaining, by United Optical and Instrument Workers
of America, CIO, or by Twin City Optical Workers Union, Local No.
20604, AFL, or by neither.