Johnson Service Co.

National Labor Relations Board - Board Decisions

Dec 26, 1941

37 N.L.R.B. 976 (N.L.R.B. 1941)

In the Matter Of JOHNSON SERVICE Co. and STEAMFITTERS UNION,
LOCAL 638, UNITED ASSOCIATION OF JOURNEYMEN, PLUMBERS, STEAM
FITTERS AND HELPERS OF UNITED STATES AND CANADA (A. F. OF L.)
Case No. R-3320.-Decided December 26, 1941
Jurisdiction : temperature and humidity control device selling industry.
Investigation and Certification of Representatives : existence of question: dis-
pute as to appropriate unit ; refusal to accord union recognition unless certi-
fied by the Board ; no election necessary where the Company agreed at the
hearing that if the Board found the unit sought to be appropriate, the union
should be certified on the basis of the record, and all employees in the unit
have designated the union as their representative.
Unit Appropriate for Collective Bargaining : all employees of the Company who
work in the stockroom and handle supplies.
Messrs. A. J. Gelvin and P. A. Riccio, of New York City, for the
Company.
Mr. Harry P. Donohue, of New York City, for the Union.
Mr. Thomas B. Sweeney, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On August 4, 1941, Steamfitters Union, Local 638, United Associa-
tion of Journeymen, Plumbers, Steamfitters and Helpers of United
States and Canada, affiliated with the American Federation of Labor,
herein called the Union, filed with the Regional Director for the
Second Region (New York City) a petition alleging that a question
affecting commerce had arisen concerning the representation of
employees of Johnson Service Co., herein called the Company, at its
Eastern District Branch Construction and Sales Office, New York
City, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On November 13, 1941, the
National Labor Relations Board, herein called the Board, acting pur-
suant to Section 9 (c) of the Act and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 2, as
37 N. L. R. B., No. 163.
976
JOHNSON SERVICE CO. 977
amended, ordered an investigation and authorized the Regional Direc-
tor to conduct it and to provide for an appropriate hearing upon due
notice.
On November 15, 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 November 21,
1941, at New York City, before William _T. Little, the Trial Exami-
ner duly designated by the Chief Trial Examiner. The Company
and the Union were represented and participated in the hearing.
Full opportunity to be heard, to examine and cross-examine wit-
nesses, 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 Exami-
ner and finds that 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
Johnson Service Co. is a Wisconsin corporation, having its prin-
cipal office and place of business in Milwaukee, Wisconsin, where it
is engaged in the sale of temperature and humidity control devices.
It maintains sales offices in 30 principal cities in the United States.
Its Eastern District Branch, located in New York City, sells the
finished- products of the Company to customers located in the States
of New York, New Jersey, and Connecticut. During the year pre
ceding November 15, 1941, the Eastern District Branch sold finished
products valued at more than $200,000, approximately 30 pei cent of
which were sold to customers located in States other than the State
of New York. The Company admits that its Eastern District Branch
is engaged in comnierce within the meaning of the Act.
11. THE ORGANIZATION INVOLVED
Steamfitters Union, Local 638, United Association of Journeymen,
Plumbers, Steamfitters' and Helpers of United States and Canada
is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive bar-
gaining representative of the employees in the unit claimed by the
Union to be appropriate unless and until the Union is certified as such
978 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
representative by the Board. It, appears from a statement of the
Regional Director that the Union represents all the employees in the
unit herein found to be appropriate?
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
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 Union contends that all employees who work in the stockroom
and handle supplies constitute a unit appropriate for the purposes
of collective bargaining.2 At the time of the hearing there were two
employees in this classification: The Company contends these em-
ployees should not be held to constitute a unit appropriate for the
purposes of collective bargaining. It argues that their duties are
such that the Company must -have complete freedom to hire and
discharge them which, the Company presumes, it would not have if
they joined and were represented by the Union. We find this con-
tention to be without merit. The Company also contends that one
of these employees, namely Stephen Karandy, should be excluded
from the unit on the ground that he occupies a supervisory position.
The evidence indicates that Stephen Karandy does not have the
power either to hire or discharge and that his recommendations
concerning dismissal of his assistant are subject to independent in-
vestigation by the Company. We do not believe Karandy should be
excluded from the appropriate unit.
We find that all employees of the Company who work in the stock-
room and handle supplies constitute a unit appropriate for the pur-
poses of collective bargaining.3 We also find that said unit will in-
sure to employees of the Company the full benefit of their right to
'The statement of the Regional Director introduced in evidence at the hearing shows
that the Union submitted two undated cards bearing apparently genuine signatures, author-
izing the Union to represent the two employees in the alleged appropiiate unit as their
collective bargaining agent.
2 The record discloses that the Union has a contract with the Company coves mg all serv-
ice men and helpers, which by its terms expires on May 31, 1943 The employees involved
in the instant proceeding do-not come within the terms of such contract.
R The finding hereinabove made, shall not, however, preclude the Union and the Company
from combining the employees composing such unit with the employees in the larger unit
covering all service men and helpers which the Union now represents. See footnote 2,
supra.
JOHNSON SERVICE CO. 979
self-organization and to collective bargaining and otherwise will
effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The Company agreed during the hearing that if the Board found
the unit sought by the Union to be appropriate that the Union should
be certified as the exclusive representative of such unit on the basis
of the evidence in the record. Under the circumstances, we see no
reason for holding an election.
We find that the Union has been designated by all the employees
in the appropriate unit as their representative for the purposes of
collective bargaining. It is, therefore, the exclusive representative
of all the employees in such unit for the purposes of collective bar-
gaining, and we shall so certify.
Upon the basis of the above findings of fact and 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 Johnson Service Co., New York City, within
the meaning of Section 9 (c) and Section 2 (6) and (7) of the Na-
tional Labor Relations Act.
2. All employees who work in the stockroom and handle supplies
at the Company's Eastern District Branch Construction and Sales
Office, New York City , constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act.
3. Steamfitters Union, Local 638, United Association of Journey-
men, Plumbers, Steamfitters and Helpers of United States and Canada
(A. F. of L.) has been designated and selected by a majority of the
employees in the above unit as their representative for the purposes
of collective bargaining and is the exclusive representative of all
such employees, within the meaning of Section 9 (c) of the National
Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that Steamfitters Union, Local 638, United
Association of Journeymen, Plumbers, Steamfitters and Helpers of
United States and Canada, affiliated with the American Federation
980 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of Labor, has been selected by all employees of the Company at its
Eastern District Branch Construction and Sales Office, New York
City, who work in the stockroom and handle supplies, as their repre-
sentative for the purposes of collective bargaining, and that pursuant
to Section 9 (a) of the Act, Steamfitters Union, Local 638, United
Association of Journeymen, Plumbers, Steamfitters and Helpers of
United States and Canada, affiliated with the American Federation
of Labor, is the exclusive representative of all such employees for the
purpose of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Certification of Representatives.