Little Giant Washing Machine Co.

National Labor Relations Board - Board Decisions

Apr 9, 1943

48 N.L.R.B. 1039 (N.L.R.B. 1943)

In the Matter of LITTLE GIANT WASHING MACHINE COMPANY and
INTERNATIONAL ASSOCIATION OF MACHINISTS , PRODUCTION WORKERS
LOCAL 1566 , A. F. L.
Case No. R-4927.-Decided April 9, 1943
Jurisdiction : ship and airplane parts finishing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board ; oral agree-
ment found no bar; contract made subject to the Board 's determination of the
bargaining representative and executed with notice of rival claim of repre-
sentation , found no bar; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding office and clerical employees and supervisory employees;
stipulation as to
Mr. C. C. Cottrell, of San Jose, Calif., for the Company.
Mr. James F. Galliano, of Oakland, Calif., for the I. A. M.
Mr. Paul Chown,, of Berkeley, Calif., for the U. S. A.
Mr. Robert Silagi, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Association of Machin-
ists, Production Workers Local 1566, A. F. L., herein called the
I. A. M., alleging that a question affecting commerce had arisen con-
cerning th'e representation of employees of Little Giant Washing
Machine Company, Emeryville, California, herein called the Com-
pany, the National Labor Relations Board provided for an appropri-
ate hearing upon due notice before Gerald P. Leicht, Trial Examiner.
Said hearing was held at San Francisco, California, on February 19,
1943. The Company, the I. A. M., and United Steelworkers of
America, Local 1798, herein called the U. S.. A., appeared and partici-
pated. All parties were afforded full opportunity to be heard, to,
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed. On February
48 N. L. R. B., No. M.
1039
1040 DECLS&O.A?S OF \A•TIONAL LABOR RELATIONS BOARD
27, 1943, and on March 1, 1943, the I. A. M. and the U. S. A., respec-
tively, filed briefs which the Board has considered.'
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Little Giant Washing Machine Company is a California corpora-
tion engaged in the manufacture and- sale of washing machines and
parts. During the 6-month period preceding May 15, 1942, the Com-
pany purchased materials valued at $8,974.10, which represents ap-
proximately 25 percent of its total purchases, from sources outside
the State of California. During the same period the Company
shipped about 25 percent of its products outside the State of Califor-
nia, shipments being made to Hawaii, Australia, and elsewhere.
Since May 15, 1942, about 98 percent of the Company's business has
consisted of finishing ship and airplane parts used exclusively in the
war effort.
The Company admits that it is engaged in 'commerce within the
meaning of the National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
International Association of Machinists, Production Workers Local
1566, affiliated with the American Federation of Labor, is a labor
organization, admitting to membership employees of the Company.
United Steelworkers of America, Local 1798, affiliated with the
Congress of Industrial Organizations, is a' labor organization, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
- On July 9, 1942, following a consent election won by the U. S. A.,
the U. S. A. and the Company entered into a collective bargaining
agreement. The agreement provided that it should remain in effect
until November 15, 1942, and from year to year thereafter, terminable,
however, upon 30 days' notice prior t6 the anniversary date. On
October 13, in accordance, with its terms the Company notified the
U. S.-A. that the Company desired to terminate the contract. On
October 19, the Company and the U..S. A.'held a conference at which
the terms of a new contract were discussed. There is disagreement as
1 At the hearing the U. S. A. moved to consolidate the instant proceedings with the
charges of unfair labor practices involving violations of Sections 8 (1) and ( 3) of the Act
which it filed with the Regional Director on the day , of the hearing . The Trial Examiner
reserved ruling on this motion for the Board . On Maich 31 , 1943, the U . S. A. withdrew
its charges and we theretore find it unnecessary to make any ruling on the motion.
r
LITTLE GIANT WASHING MACHINE COMPANY 1041
to whether the Company and the U. S. A. actually entered into an
oral agreement on that day or whether they agreed to enter into a
written contract which would embody terms agreed on at the con-
ference. The following day the Company received a letter from the
I. A. M. stating that the I. A. M. represented a majority of the Com-
pany's employees and requesting recognition as their exclusive bar-
gaining representative. A, week later the Company refused the
I. A. M.'s request, stating that recognition could not be accorded the
I. A. M. until it had been certified as bargaining agent by the Board.
On October 29, 1942, the I. A. M. filed its petition for an investiga-
tion. and certification of representatives. On December 10, 1942, a
paper entitled "Addendum to the Agreement" was signed by the
Company and the U. S. A. extending the term of the written contract
to November 15, 1943, and making certain other changes therein.
Simultaneously with the execution of the addendum, the Company
handed the representative of the U. S. A. a letter which reads in part
as follows :
We are submitting these agreements with the understanding
that our agreement of even date- becomes null and void in the
event the final decision of the National Labor Relations Board
orders an election in our plant to determine the bargaining unit.
If your Union is returned as bargaining agent in the election, this
agreement is to be automatically reinstated and in full force and
effect.
If your Union cannot accept this clause, we prefer to await
the results of the decision before negotiating a- contract.
In view of the above facts we find, in agreement with the Com-
pany's contention, that no binding contract was executed on October
•19 and that the contract executed on December 10, 1942, was made
subject to the Board's determination of the bargaining representa-
tive.2 In view of these facts, and inasmuch as the Company had
notice of the I. A. M.'s claim of majority representation prior to
December 10, 1942, we find that the contract does not preclude a
present determination of representatives.
2In Matter of Eicor, Inc . and District No. 8, International Association of Machinists,
A. F. of L., 46 N . L. R. B., No. 116 , the Board stated in support of its holding that a col-
lective bargaining agreement which has not been reduced to writing and signed before the
assertion of a rival union 's claim does not constitute a bar to a determination of representa-
tives , "experience has indicated that a true stability of labor relations is not attained until
collective agreements have been reduced to wilting and signed ." See also Matter of Joseph
P. Cattle it Brothers , Incorporated and International Union of Mine, Mill it Smelter Worlers,
C. I. 0., 47 N . L. R. B., No . 14; and Matter of Tip Top Creamery Company and United Can-
nery, Agricultural, Packing and Allied Woikers of America, C. I. 0., 48 N. L. It. B., No. 13.
1042 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A statement of the Board's agent, introduced in evidence at the
hearing indicates that the I. A. M. represents a substantial number of
employees in the unit hereinafter found appropriate.3
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Sections 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
. The parties stipulated, and we find that all production and main-
tenance employees, excluding office and clerical employees and super-
visory employees,, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The U. S. A. requests that eligibility be determined by the pay-
roll period immediately preceding the date of the election. Since no
persuasive reason appears for deviating from our normal practice,
however, we shall direct that the question concerning representation
whichihas arisen be resolved by an election by secret ballot among
the 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 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
Relations Act, and pursuant' to Article III, Section 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain,representa-
tives for the purposes of, collective bargaining with Little Giant
8 The Field Examiner reported that the I. A. M submitted 12 application for membership
cards , all of which were undated and bore apparently genuine original signatures . All of-
the names appearing on the cards were listed on the Company ' s pay roll for the period
ending October 19, 1942 , which contained the names of 13 employees within the appropriate
unit.
The I. A. M. also submitted a petition designating it as the sole bargaining agent. The
petition was dated October 19 , 1942, and bore the apparently genuine original signatures
of 11 persons whose names appeared on the Company ' s pay roll for that period
The C. I O. relies upon its contract with the Company as evidence of its membership.
:The patties stipulated to exclude "supervisory employees not using the tools of the
trade and possessing the authority to hire and discharge workers ." In accordance with our
usual practice we shall exclude all supervisory employees.
LITTLE, GIANT WASHING MACHINEi COMPANY 1043
Washing Machine Company, Emeryville, California, 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 Twentieth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 10, of, said Rules and
Regulations, among the employees in the unit found appropriate in
Section IV, above,. who were employed during the pay-roll period
immediately preceding the date of this Direction, including employees
who did not work 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, to determine whether they desire to be
represented by International Association of Machinists, Production
Workers Local 1566, affiliated with the American Federation of
Labor, or by United Steelworkers of America, Local 1798, affiliated
with the Congress of Industrial Organizations, or by neither.
MR. JOHN M. HousTON took no part in, the consideration of the
above Decision and Direction of Election. -
521247-43-vol. 48-67