Muncie Elwood Lamp Co.

National Labor Relations Board - Board Decisions

Apr 30, 1942

40 N.L.R.B. 1096 (N.L.R.B. 1942)

In the Matter of MUNCIE ELWOOD L_\iIP COMPANY and STEEL WORKERS
ORGANIZING COMMITTEE
Case No. '33731.-Decided April 30, 1942
Jurisdiction : camp manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition; election necessary.
Unit Appropriate for Collective Bargaining : production employees, excluding
supervisory, clerical, and maintenance employees; stipulation as to
Practice and Procedure : allegation in petition, inaccurately stating manner in
which question arose, withdrawn at hearing and not prejudicing Company,
held not to be ground for dismissal of petition
Mr. Overton .Sacksteder, Jr., of Muncie, Ind., for the Company.
111r. Grover Ross, of Elwood, Ind., for the Union.
Mr. Robert R. Hendricks, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Steel Workers Organizing Committee,
herein called the Union, alleging that a question affecting cominerce
had arisen concerning the representation of employees of Muncie El-
wood Lamp Company, Elwood, Indiana, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Arthur R. Donovan, Trial Examiner.
Said hearing was held at Elwood, Indiana, on April 14, 1942. The
Company and the Union appeared, participated, and were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing upon the issues. At the hearing,
the Company moved that the petition be dismissed on the ground that
the Union had made certain misrepresentations in its allegation therein
that a question concerning the representation of the Company's em-
ployees had arisen. The Trial Examiner reserved ruling on the motion
for the Board. For the reasons hereinafter stated,' the motion is
hereby denied. The Trial Examiner's rulings, made at the hearing,
are free from prejudicial errors and are hereby affirmed.
1 See Section III, Infra
40 N L. R B., No. 183.
1096
MUNCIE ELWOOD LAMP COMPANY 1097
Upon the entire record in the case, the Board ' makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
-Muncie Elwood Lamp Company, an unincorporated business con-
tern with its principal office and place of business in Elwood, Indiana,
is engaged in the general manufacture of lamps. Approximately 50
percent of the raw hiaterials used by the Company is obtained from
sources outside the State of Indiana. Approximately 50 percent of
the products manufactured by the Company is shipped to points out-
side the State of Indiana.
IT. THE ORGANIZATION INVOLVED
Steel Workers Organizing Committee is a labor organization affili-
ated with the Congress of Industrial Organizations. It admits to
membership employees of the Company.
III., THE QUESTION CONCERNING RIIPRESENTATION
On March 6, 1942, a representative of the Union telephoned Overton
Sacksteder, who is the father of the general manager of the Company
and, apparently, part of the Company's management. The union rep-
resentative requested recognition of the Union as the bargaining agent
for the Company's employees and sought to' arrange a meeting for the
purpose of discussing a contract. Sacksteder replied that "he was sick
and didn't feel capable of going into . . . lengthy . . . [and] boister-
ous meetings" and that "he thought that . . . [the union representa-
tive] should withdraw and not have any union in the plant." • On
March 9,1942, the union representative again attempted to reach Sack-
steder, but was informed by Overton Sacksteder, Jr., the general man-
ager, that the latter's father was out of, town. On April 13, 1942, the
Union advised the Company in writing that it"represented a majority
of the Company's employees and again requested a conference for the
purpose of negotiating a contract. This request was not answered by
the Company. At the hearing, Sacksteder, Jr., testified that he would
not bargain with the Union "unless . .. [he was] forced to."
A statement of the Regional Director, introduced into evidence at
the hearing, discloses that the Union represents a substantial number
of the employees in the unit hereinafter found appropriate.?
2 The Regional Director reported that the Union submitted 35 application-foi-membership
cards, dated in February and .llaich 1942, and bearing apparently genuine signatures The
Regional Director further reported that the (aids were not checked against the Company's
pay roll because the Company refused to submit a pay loll At the hearing,,the Company
admitted that it had approximately 35 production ind maintenance employees at its plant,
and conceded that the Union "probably " had the signed cards of a substantial number of
those employees
109,8 DECISIONS ,OF, NATIONAL LABOR RELATIONS BOARD
At the hearing, the Company moved that the, petition herein be dis-
missed on the ground that the proceeding had been instituted "under
false pretenses," in that the allegation in the petition that "the Com-
pany has agreed to bargain collectively with the petitioner, if and when
the Steel Workers Organizing Committee has been duly designated as
the bargaining agency," was without foundation. At the hearing, the
Union admitted that the Company had made no such agreement, and
withdrew the allegation. The union representative testified,, in ex-
planation of the allegation, that- two contracts had • previously been
entered into between the Union and a "General Lamp Company, of
which Mr.' Sacksteder was the head," and that he had "supposed that
he (Sacksteder) would go on ahead and bargain' with the Union for
the employees of the Company_herein.involved. The union represent-
ative indicated that he had believed the two companies to be one and
the `same." • It'is evident, in any event, that the Company has not been
prejudiced by the inaccurate allegation in the petition. We see no rea-,
son for dissmissing the petition because of it. I
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 National Labor Relations
Act. i
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all pro-
duction employees of the Company, excluding supervisory, clerical, and
maintenance 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
We find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot. Both parties agreed
at the hearing that, in the event an election is directed, the use of a
current pay roll to determine eligibility to vote in that election would
be appropriate. In accordance with our practice, therefore, we shall
direct that the employees of the Company eligible to vote in the election
shall be those 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.
8It appears 'from the record that S-.cksteder, Jr, is employed by both companies, and
that Muncie Elwood Lamp Company had purchased certain inventories of General Lamp Cor-
poration , including the right to use certain portions of the latter's name for the purpose of
selling and liquidating those inventories.
MUNCIE ELWOOD LAMP COMPANY 1099
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 Muncie Elwood Lamp Company, Elwood, Indiana, 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 of Election, under the
direction and supervision of the Regional Director for the Eleventh
Region, acting in this matter as agent for the National Labor Relations
.Board, and subject to Article III, Section 9, of said, Rules and Regula-
tions, among all employees of the Company 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 such pay-roll period because they
were ill or on vacation or in the active military service or training of
the United States, or temporarily laid off, but excluding those employ-
ees who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by Steel Workers, Organ-
izing Committee, for the purposes of collective bargaining-.