Miller Co.

National Labor Relations Board - Board Decisions

Aug 15, 1944

57 N.L.R.B. 1373 (N.L.R.B. 1944)

11
In the Matter of ROLLING MILL DIVISION OF THE MILLER COMPANY
and UNITED AUTOMOBILE WORKERS OF AMERICA, AMERICAN FEDER-
ATION OF LABOR
Case No. 1-R-1929.-Decided August 15, 1944
Stoddard , Persky cf Eagen, - by Mr. Samuel A. Persky, of New
Haven, Conn ., for the Company.
Mr. Henry J. Burke, of Meriden, Conn ., for the Union.
Mr. Bernard Goldberg, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly 'filed by United Automobile Workers of
America, American Federation of Labor, herein called the Union,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Rolling Mill Division of The
Miller Company, Meriden, Connecticut, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Samuel G. Zack, Trial Examiner.
Said hearing was held at Meriden, Connecticut, on June 30, 1944.
The Company and the Union 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
,in opportunity to file briefs wa ith the Board. -
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Miller Company is a Connecticut corporation which in peace-
time was engaged in the manufacture of electric lighting fixtures and
kerosene lamps at its plant in Meriden , Connecticut. At the present
57 N. L. R. B., No. 211.
1373
1374 ` DECISIONS ' OF NATIONAL LABOR RELATIONS, BOARD
time, all of its facilities are being devoted to the manufacture of a
variety of products for the armed forces. During the 6-month period
ending April 30, 1944, the Company purchased raw materials for use
in its manufacturing processes valued at approximately $490,000, of
which more than 85 percent was bought 'in States other than the State
of Connecticut.' During the same period, the Company's sales of
products from 'its Rolling Mill Division were valued at' approxi-
mately $1,100,000, of which about 75 percent was made to purchasers
located outside the State of Connecticut. ,
We find that the' Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED,
United Automobile Workers of America, affiliated with the Ameri-
can Federation of Labor, is a labor' organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to -grant recognition to the Union' as
the exclusive bargaining representative of any of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates.that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.' ' l
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 Section 2 (6) and (7) of the Act.,
IV. THE APPROPRIATE UNIT
The Union seeks a unit comprising all employees in the Rolling,
Mill Division, excluding part-time employees, high school boys, office
and, clerical employees, executives, foremen, and superintendents.
' The Field Examiner reported that the Union submitted 73 application for membership
cards ; that 21 of the cards were dated in May 1944 and 52 were undated ;, and that there
were 90 employees in the unit petitioned for.
The Company contends that the Union has not proved that it represents ` a majority of
the employees in the Rolling Mill Division and therefore is not entitled to an election. The
point is not well taken . The purpose of the election is to , decide the Union's claim to
majority representation , and to be entitled to such an election under the Board ' s well-
established procedure , the Union need only submit prima facie evidence indicating that
it represents a substantial number of employees in the Rolling Mill Division ; this the
Union has done. See Matter of H. G. Hill Stores, Inc., Warehouse, 39 N. L. R. B. 874;
Matter of Atlas Powder Company, Zapon Division , 43 N. L. It. B. 757; Matter of The
Regina Corporation, 57 N. L. It. B. 4.
MILLER COMPANY 1375'
The Company contends that a plant -wide unit is, appropriate. There
is no dispute between the ' parties with respect to, the ' inclusion or
exclusion of any of the above-named categories of employees.
The Rolling Mill Division , one of four operational divisions of the
Company, is housed in a separate building attached to' one of the
main buildings of the plant . It manufactures copper, zinc ,, and tin
alloy strips and coils, 99 percent of which at the present time is being
sold to other companies . Prior to the war, between 85 and 90 percent
was thus sold , with the balance of 10 or 15 percent used by the Com-
pany in the manufacture of its lighting fixtures and other products.
The work in the Rolling Mill Division differs from that performed
in other divisions of the plant and there is little interchange of em-
ployees between that division and the rest of the plant. While pro-
duction workers in other divisions are paid on . a piece-work basis, the
employees in the Rolling Mill Division are hourly paid and have, in
addition , a bonus incentive system. This method of payment for em-
ployees in the Rolling Mill Division is that generally prevailing in
other rolling mills in the area. It is"also to be noted that many of
the Company's peacetime competitors in the lighting fixture business
do not having rolling mill divisions , but instead purchase the alloy
metals they require from rolling mills devoted exclusively to -that
type of work. There is no bargaining history in the plant. The
Union has limited its organizational activities to employees in the
Rolling Mill Division because the , remainder of the Company's em-
ployees come within the jurisdiction of another affiliated union, the'
'International Brotherhood of Electrical Workers. In view of the
foregoing facts, we are of the opinion that a unit confined to em-_
ployees of the Rolling Mill Division is appropriate. ,
We find that all employees of the Rolling Mill Division of the
Company, excluding part-time employees, high school , students, office
and clerical employees , executives , foremen, superintendents , and all
other supervisory employees with authority to hire, promote, dis-
charge, discipline , or otherwise effect changes in the status of em-
ployees or effectively recommend such action , constitute 'a unit appro-
priate for the purposes of collective bargaining , within the meaning
of Section 9 (b) of the Act. ,
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question - concerning representation which
has arisen be, resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were'employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
1376 DECISIONS OF NATIONAL LABOR RELATIONS BOARD-
tion 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-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives- for the purposes of collective bargaining with Rolling- Mill
Division of The Miller Company, Meriden, Connecticut, 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 First
Region, acting in this matter as agent for the National Labor Rela-
tions Board and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among the employees in the unit found appro-
priate 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 em-
ployees in the armed forces of 'the United States who present them-
selves 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 or
not they -desire to be represented by United Automobile Workers of.
America, affiliated with the American Federation of Labor, for the
purposes of collective bargaining. '
CHAIRMAN MILLIs took no part in the consideration of the above
Decision and Direction of Election.
2 The Union ' s request that it appear on the ballot as United Automobile Workers, A. F.
,of L., is hereby granted. - -