National Electric Coil Co.

National Labor Relations Board - Board Decisions

Dec 4, 1942

45 N.L.R.B. 1060 (N.L.R.B. 1942)

In the 'Matter of NATIONAL EI:EcTRIC'ConL'Co. and,'UNITED AUTOMOBILE,_
AIRCRAFT & , AGRICULTURAL IMELEMEN*r WORKERS OF AMERICA,
U. A: W. C. I. O., LOCAL 847
Case No. R-4527.-Decided,December 4,1942
Jurisdiction :-electric coils manufacturing.industry.
Investigation and Certification of Representatives : existence of gquestion:
refusal to accord recognition until certification by the Board,; 5-month-old
Seniority Agreement'having no termination date and not providing"for exclu-
sive bargaining rights, held-no-bar; election, necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at both plants -of Company, with specified exclusions; stipulation
as to.
Mr. Thomas E. Shroyer,, for the Board.
Vary, Sater, Seynwur & Pease,tby Mr.,Carl.Ta' genuzn,,of;Cdlumbus,
Ohio, for ,the Company.
Mr. Lewvis-Str;ickland, of Columbus,. Ohio, for:theUUnited.
Mr. Eugene E. Burton, of-,Columbus, Ohio,:for,the Independent.
Mr. Leon Novak"of counsel to the Board. I ,
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Automobile, Aircraft.& ,Agri-
cultural Implement Workers of America, U. A. W.-C. I. 0., Local
847, herein called the United, alleging that a question affecting .com-
merce had arisen-concerning the representation of employees.of Na-
tional Electric Coil Co., Columbus, Ohio, herein called the, Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Roy O. Hoffman, Trial Examiner.
Said hearing was held at Columbus, Ohio, on November 12, 1942. The
Board, the Company, the United, and Electric Coil Workers Inde-
pendent Union, herein called the Independent, appeared, participated,
and 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.
45 N. L. R. B., No. 148.
1060
NATIONAL ELECTRIC- COIL CO. 1061
Upon the entire record inr the, case,,.the Board- makes the following :
FINDINGS OF-FACT
1. THE BUSINESS OF THE COMPANY
.
National' Electric Coil Co. is a West Virginia corporation with
its prilicipalioffice and place of business in Columbus, Ohio, where it
is engaged in the manufacture, sale,'and distribution of electric coils.
The Company employs approximately 300 employees. During the
past year the Company had gross sales in excess of $500,000 and
during the, same- period it purchased raw materials, consisting, chiefly
of, copper,_ valuedi in excess of $100,000: About 84 percent of its- sales
wasp sold and shipped by it to States other than Ohio, while approxi-
mately 90. percent of its. purchases, came to, it from States other than
Ohio., The Company admits that it is engaged, in, commerce within
the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United' Automobile, Aircraft & Agricultural Implement Workers
of Anmrica,'U: At. W.-C.: I. 0.,, L'ocal 847, is a labor organization
affiliated'with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
Electric Coil Workers Independent Union is an unaffiliated labor
organization, admitting to membership employees of the Company.'
, 111. THE QUESTION CONCERNI•NG'REPRESENTATION
Int May, 1942. the Company and the Independent signed a Seniority
Agreement having no termination, date. The agreement. did not pro-
vide for recognition, of the Independent as exclusive bargaining agent.
In October 1942. the United requested the Company to recognize it as
the exclusive representative of the Company,'s employees. The Com-
pany refused- this request, until such' time as the United or the Inde-
pendent.is.certified;by. the Board.
Statements of, a. Field. Examiner of. the Board, introduced 'into
evidence,; and, of the Trial Examiner at the hearing,, indicate that the
United, and, the-Independent each represents a substantial number of
the employees in,tlie unit hereinafter found to be appropriate.'
We. find ` thil`t' a. gliestioii '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.
I The Field Examiner reported that the ' United' lead submitted' 146 cards bearing the ap-
parently genuine signatures of persons on the Company's October 15, 1942, pay roll. The
Independent submitted 261 membership cards to the Trial Examiner, who reported that a
spot check indicated that 206 bore names appearing on the October 31, 1942, pay roll.
There are approximately 278 employees in the appropriate unit.
1062 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees of the Company, excluding
foremen, assistant foremen, plant guards, watchmen, and rill shopvand
office clerical and salaried 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 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
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 Rela-
tions 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 National Electric
Coil Co., Columbus, Ohio, an election by secret ballot shall be con-
ducted 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 Ninth Region, acting in this matter as
agent for the National Labor Relations 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" em-
ployed during the pay-roll period immediately preceding the date of
this Direction, including any such employees who did not work during
said 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 any who have since quit or been discharged for
cause, to determine whether they desire to be represented by United
Automobile, Aircraft & Agricultural Implement Workers of America,
U. A. W.-C. I. O., Local 847, affiliated with the Congress of Industrial
Organizations, or by Electric Coil Workers Independent Union, for
the purposes of collective bargaining, or by neither.