National Sewing Machine Co.

National Labor Relations Board - Board Decisions

Feb 17, 1938

5 N.L.R.B. 372 (N.L.R.B. 1938)

In the Matter of NATIONAL SEWING MACHINE COMPANY and INTER-
NATIONAL ASSOCIATION OF MACHINISTS, INTERNATIONAL MOLDERS
UNION, and METAL POLISHERS INTERNATIONAL UNION
Case No. 'R-568.Decided February 17, 1938
Sewing Machine Manufacturing Industry-Investigation of Representatives:
controversy concerning representation of employees: rival organizations; refusal
of employer to recognize petitioning unions because of prior recognition of rival
organization-Units Appropriate for Collective Bargaining: (1) foundry em-
ployees; (2) polishing and plating department employees; (3) all other pro-
duction and maintenance employees ; no controversy' among three petitioning
labor organizations, each claiming to represent a separate unit; history of col-
lective bargaining relations in industry; desires of men-Representatives: proof
of choice : membership in unions ; comparison of pay roll with union lists-
Certification of Representatives: upon proof of majority representation.
Mr. Stephen M. Reynolds, for the Board.
Scott, MacLeish ct Falk, by Mr. Joseph 13T. Townsend, of Chicago,
Ill., for the Company.
Mr. Charles White, of Chicago, Ill., for the Polishers' Union.
Mr. A. G. Skundor, of Belvidere, Ill., for the Machinists' Associa-
tion.
Mr. Albert S. O'Sullivan, of Belvidere, Ill., for the Employees'
Council.
Mr. David Rath, of Peoria, Ill., for the Molders' Union.
Mr. Abraham J. Harris, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On October 15, 1937, International Association of Machinists, here-
in called the I. A. M., International Molders' Union of North Amer-
ica,, herein called the Molders' Union, and Metal Polishers, Buffers,
Platers, and Helpers International Union,2 herein called the Polish-
ers' Union, filed witho the Regional Director for the Thirteenth
Region (Chicago, Illinois) a petition alleging that a question affect-
ing commerce had arisen concerning the representation of employees
I Incorrectly named in the Petition as "International Molders Union."
2 Incorrectly named in the Petition as "Metal Polishers Intl. Union."
372
DECISIONS AND ORDERS 373,
of National Sewing Machine Company, Belvidere, Illinois, herein
called the Company, and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National'
Labor Relations Act, 49 Stat. 449, herein called the Act. On Novem-
ber 8, 1937, the National Labor Relations Board, herein called the
Board, acting pursuant to Section 9 (c) of the Act and Article III,.
Section 3, of National Labor Relations Board Rules and Regula-
tions-Series 1, as amended, ordered an investigation and authorized
the Regional Director to conduct it and to provide for an appropriate,
hearing upon due notice.
On December 2, 1937, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, upon
the I. A. M., the Molders' Union, the Polishers' Union, and the
National Sewing Machine Company Employees' Council, hereini
called the Employees' Council, a labor organization claiming to rep-
resent employees directly affected by the investigation. Pursuant to
the notice, a hearing was held on December 9, 1937, at Chicago, Illi-
nois, before James Gibson Ewell, the Trial Examiner duly desig-
nated by the Board. The Board, the Company, and the Employees'
Council were all represented by counsel, and the I. A. M., the Mold-
ers' Union, and the Polishers' Union were represented by their duly
authorized representatives. All participated in the hearing. Full'
opportunity to be heard, to examine and to cross-examine witnesses,_
and to introduce evidence bearing on the issues was afforded all par-
ties. During the course of the hearing the Trial Examiner made-
several rulings on motions and on objections to the admission of evi-
dence. The Board has reviewed the rulings of the Trial Examiner
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
I. THE BUSINESS OF THE COMPANY
The Company is engaged in the manufacture and sale of sewing
machines, washing machines, and automobile heaters, and in a gen-
eral contract business in the manufacture of screw machine products
and assemblies. Its plant is located at Belvidere, Illinois. The prin-
cipal raw materials used in its plant are pig iron, steel, lumber, mo-
tors, and washing machine attachments. Approximately 60 per cent
of them come from the States of Pennsylvania, Connecticut, Wiscon-
sin, Alabama, Ohio, and Indiana, the remaining 40 per cent coming
from within the State of Illinois. Approximately 75 per cent of the
Company's products are shipped to States other than Illinois and to
seven foreign countries. Jobbers, mail-order houses, and department,
.374 NATIONAL LABOR RELATIONS BOARD
stores throughout the United States handle the Company's products.
Raw materials received by the Company are worth approximately
$1,200,000 per annum. The Company's sales in the same period
.aggregate approximately $2,500,000.
II. THE ORGANIZATIONS INVOLVED
International Molders' Union of North America is a labor organi-
zation affiliated with the American Federation of Labor, admitting
to its membership all the molders, core makers, and foundry help
.employed by the Company, excluding office workers and clerical and
-supervisory employees.
Metal Polishers, Buffers, Platers, and Helpers International Union
is a labor organization affiliated with the American Federation of
Labor, admitting to its membership all metal polishers, buffers,
platers, and helpers in the polishing and plating department of the
•Company's factory, excluding supervisory employees.
International Association of Machinists is a labor organization
-affiliated with the American Federation of Labor, admitting to its
membership, according to the financial secretary of its local or-
ganization, all employees of the Company, excluding those in. the
foundry and polishing and plating department, office workers, and
clerical and supervisory employees.
National Sewing Machine Company Employees' Council is a labor
organization admitting to its membership all employees of the
Company, excluding foremen, office employees, and stockholders.
III. THE QUESTION CONCERNING REPRESENTATION
During the fall of 1937, the Molders' Union, I. A. M., and Polish-
•.ers' Union carried on an organization campaign among the Company's
employees which culminated on October 5, 1937, in a request to the
Company to recognize the three organizations as the exclusive bar-
gaining agencies respectively for the employees they claimed. to
represent.
These membership claims overlap and conflict with the member-
ship claim of the Employees' Council. That organization was
formed in May 1937. The only qualification for membership therein,
-aside from that of being a Company employee, was the payment of
-25 cents dues monthly. The Council's dues records showed that paid
membership diminished from 579 members in June, to 473 in July,
to 254 in Augusta Despite the Employees' Council's apparent lack
3 The Company 's pay roll of October 10, 1937, contained 557 names , excluding clerical
and supervisory employees . There is nothing in the record to show that there were
fewer employees than that in August . It is evident that in August the Employees' Coun-
.cil's membership was less than a majority of the Company 's non-clerical , non-supervisory
.employees.
DECISIONS AND ORDERS 375
of a majority membership, the Company recognized it as the em-
ployees' exclusive collective bargaining representative. The only two
attempts of the Employees' Council to bargain collectively with the
Company were made in August and were fruitless. With a history
of a dwindling membership and unavailing attempts at collective
bargaining, the Employees' Council, in September, voted to suspend
dues and further operations.
Thereafter, on October 5, 1937, the three petitioning organizations
sought the Company's recognition. The Company refused to recog-
nize these organizations on the ground that recognition had already
been granted to the Employees' Council.
We find that a question has arisen concerning representation of
employees of the Company.
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
with foreign countries, and tends to lead to labor disputes burdening
and obstructing commerce and the free flow of commerce.
V. THE APPROPRIATE UNITS
At the hearing, the respective witnesses for the Molders' Union, the
Polishers' Union, and the I. A. M. contended that appropriate units
are (1) the foundry employees, excluding office workers and clerical
and supervisory employees, (2) the polishing and plating department
employees, excluding office workers and clerical and supervisory em-
ployees, and (3) all other production and maintenance employees of
the Company, excluding office workers and clerical and supervisory
employees. Thus, the I. A. M. claims an industrial unit, but is agree-
able to recognizing the jurisdiction of the two claimant craft unions.
The employees here engaged in the foundry and in the polishing
and plating department have historically been recognized as separate
crafts, and the Molders' Union and the Polishers' Union have long
engaged in collective bargaining on behalf of such employees upon
such a craft basis. Here no other active labor organization claims
to represent such employees and the employees themselves, as we
find below, have expressed 'the- desire, to be represented upon such a
basis. Under such circumstances we consider the units requested by
the petitioning unions to be appropriate.
We find that the molders, core makers, and foundry help employed
by the Company, excluding office workers and clerical and super-
80535-38--25
376 -NATIONAL LABOR RELATIONS BOARD
visory employees, constitute a unit appropriate for the purposes of col-,
lective bargaining and that said unit will insure to such employees.
the full benefit of their right to self-organization and to collective bar-
gaining and otherwise effectuate the policies of the Act.
We find that the metal polishers, buffers, platers, and helpers em-,
ployed by the Company in its polishing and plating department, ex-
cluding office workers and clerical and supervisory employees, consti-,
tute a unit appropriate for the purposes of collective bargaining and
that said unit will insure to such employees the full benefit of their,
right to self-organization and to collective bargaining and otherwise-
effectuate the policies of the Act.
We find that the production and maintenance employees of the
Company, excluding clerical and supervisory employees, and exclud-
ing the employees enumerated in the two preceding paragraphs con-
stitute a unit appropriate for the purposes of collective bargaining
and that said unit will insure to such employees the full benefit of their
right to self-organization and to collective bargaining and otherwise
effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
At the hearing, there was put into evid`e`nce the pay-roll list of the
Company as of October 10, 1937, excluding foremen, office employees,
clerks, and supervisory employees. This contained 557 names, of
which 135 employees were in the foundry unit of the Company, 39
employees in the polishing and plating unit, and the remainder in
the third unit hereinabove described in Section V.
The Molders' Union submitted a list of 120 members in the foundry
unit. Its financial secretary testified that the list was compiled from
the paid memberships in that unit. The Polishers' Union similarly'
submitted a list of 32 members in the polishing and plating unit and
submitted for inspection during the hearing the 32 original member-
ship application cards involved. It was testified that three of the seven
nonmembers in the polishing unit had requested the Polishers' Union
to bargain for them with the Company. The I. A. M. similarly sub-
mitted a list of 200 paid members in the third unit hereinabove de-
scribed in Section V, and, in addition, a list of 22 applications for
membership, six of which, it was testified, were partly paid. These
membership lists were admitted in evidence without objection and
were checked against the Company's pay roll.
On the contrary, the proof of membership offered by the.Employees'
Council was self-negating. No list of members for comparison with
the Company's pay roll or otherwise was introduced. As pointed out
in Section III, hereinabove, whatever membership the Council had
once had, had rapidly dwindled to such a point that it had decided
to suspend activities.
DECISIONS AND ORDERS 377'
We find that the Molders' Union has been designated and, selected
by a majority of ,the employees in the first appropriate unit above
described in Section V 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 bargain-
ing, and we will so certify.
We find that the Polishers' Union has been designated and selected
by a majority of the employees in the second appropriate unit above
described in Section V 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 will so certify.
We find that the I. A. M. has been designated and selected by a
majority of the employees in the third appropriate unit above de-
scribed in Section V, as their representative for the purposes of col-
lective bargaining. It is, therefore, the exclusive representative of
all the employees in such unit for the purposes of collective bargain-
ing, and we will so certify.
Upon the basis of the above findings of fact and upon 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 National Sewing Machine Company, Belvi-
dere , Illinois , within the meaning of Section 9 (c)'and Section 2 (6)
and (7) of the National Labor Relations Act.
2. The molders, core makers , and foundry help employed by the
Company, excluding office workers and clerical and supervisory em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining , within. the meaning, of Section 9 (b) of the National
Labor Relations Act.
3. International Molders' Union of North America is the exclusive
representative of all the employees in such unit for the purposes of
collective bargaining, ww ithin the meaning of Section 9 (a) of the
National Labor Relations Act.
4. The metal polishers, 'buffers, platers, and helpers employed by
the Company in its polishing and plating department, excluding
office workers and clerical and supervisory employees, constitute a
unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations Act.
5. Metal ,Polishers, Buffers, Platers, and Helpers International
Union is the exclusive representative of all the employees in such unit
for the purposes of collective bargaining, within the meaning of
Section 9 (a) of the National Labor Relations Act.
378 NATIONAL LABOR RELATIONS BOARD
6. The production and maintenance employees of the Company,
excluding clerical and supervisory employees, and excluding the em-
ployees enumerated in paragraphs 2 and 4, hereinabove, constitute a
unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations Act.
7. International Association of Machinists is the exclusive repre-
sentative of all the employees in such unit for the purposes of collec-
tive bargaining, within the meaning of Section 9 (a) of the National
Labor Relations Act.
. CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series
1, as amended,
IT IS HEREBY CERTIFIED that International Molders' Union of North
America has been designated and selected by a majority of the
molders, core makers and foundry help employed by National Sew-
ing Machine Company, Belvidere, Illinois, excluding office workers
and clerical and supervisory employees, as their representative for
the purposes of collective bargaining and that, pursuant to the provi-
sions of Section-9 (a) of-the-Act, International Molders' Union
of North America is the exclusive representative of all such em-
ployees for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of
employment; and
IT IS HEREBY CERTIFIED that Metal Polishers, Buffers, Platers, and
Helpers International Union has been designated and selected by a
majority of the metal polishers, buffers, platers, and helpers employed
by National Sewing Machine Company, Belvidere, Illinois, in its
polishing and plating department, excluding office workers and cleri-
cal and supervisory employees, as their representative for the pur-
poses of collective bargaining and that, pursuant to the provisions of
Section 9 (a) of the Act, Metal -Polishers, Buffers, Platers, and
Helpers International Union is the exclusive representative of all
such employees for the purposes of collective bargaining in respect
to rates of pay, wages, hours of employment, and other conditions of
employment; and
IT IS HEREBY CERTIFIED that International Association of Machin-
ists has been designated and selected by a majority of the produc-
tion and maintenance employees of National Sewing Machine Com-
pany, Belvidere, Illinois, excluding office workers and clerical and
supervisory employees and excluding the employees enumerated in
the two immediately preceding paragraphs of this Certification, as
DECISIONS AND ORDERS 379
their representative for the purposes of collective bargaining and
that, pursuant to the provisions of Section 9 (a) of the Act, Inter-
national Association of Machinists is the exclusive representative of
all such employees for the purposes of collective bargaining in re-
spect to rates of pay, wages, hours of, employment, and other condi-
tions of employment.
[SAME TITLE]
SUPPLEMENTAL DECISION
AND
ORDER
March 10, 1938
On February 17, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Certification of Representa-
tives in the above-entitled case by which the three petitioning unions
therein, International Molders' Union of North America, herein called
the Molders' Union, Metal Polishers, Buffers, Platers, and Ielpers
International Union, herein called the Polishers' Union, and Inter-
national Association of Machinists, herein called the I. A. M., were
certified as the exclusive representatives of the employees of National
Sewing Machine Company, Belvidere, Illinois, herein called the
Company, in the units decided by the Board to be appropriate, for
the purposes of collective bargaining in respect to rates of pay,
wages, hours of employment, and other conditions of employment.
In its Decision the Board found that the National Sewing' Machine
Company Employees' Council, herein called the Employees' Council,
a labor organization claiming to represent employees directly affected
by the investigation, did not represent a majority of such employees.
Thereafter, pursuant to notice served upon the counsel for or repre-
sentatives of the Company, the I. A. M., the Molders' Union, the Pol-
ishers' Union, and upon the Board, counsel for the Employees' Coun-
cil presented a petition to the Board on March 10, 1938, by which
petition the Employees' Council requested a rehearing of the case.- On
the same day oral argument was had before the Board, participated
in by counsel for the Employees' Council, the Company, and the
I. A. M.
The petition presented to the Board finds fault with the Board's
Decision and Certification of Representatives, in the main on the basis
that the facts as found by the Board in the record of the case do not
reflect the true situation, and prays for a rehearing for the presenta-
tion of evidence to show the facts. No claim is made that the Board's
Decision is not supported by the record. The claim is that the record
inadequately presents the Employees' Council's case.
380 NATIONAL LABOR RELATIONS BOARD
At the hearing the Company and the Employees' Council were both
represented by counsel, participated in the hearing, and were given full
opportunity to be heard, to examine and cross-examine the witnesses,
and. to, introduce evidence bearing on the issues., There, appeared as
witnesses in the case, among others, the president of the Company and
the president and three other officials of the Employees' Council.
These were the persons best informed as to the extent to which the
Employees' Council represented the Company's employees. Not one
of these persons testified as to one word of the evidence which the
Employees' Council now states it would introduce if granted a rehear-
ing. Furthermore, there is no showing of any sort that any of the
evidence so sought to be introduced is newly discovered. On the con-
trary, the proposed evidence in its very nature must have been known
to at least some of the witnesses who testified for the Employees'
Council and the Company, for example, evidence concerning collec-
tive bargaining activity now claimed in the petition to have been car-
ried on by the Employees' Council during the time the hearing was
held. It is incredible that had this been a fact no one would have said
,anything about it in his testimony.
The petition of the Employees' Council will therefore be denied and
the certification of the Molders' Union, the Polishers' Union, and the
I. A. M. as the exclusive representatives of the employees in the units
decided by the Board to be appropriate will be affirmed.
ORDER
The National Labor Relations Board hereby :
1. Orders that the petition 'of National Sawing Machine Company
Employees' Council be, and it hereby is, denied;
2. Affirms the Certification of Representatives made by the Board
in the above-entitled case on February 17, 1938.
Mr. DONALD WAKEFIELD SMITH took no part in the consideration of
the above Supplemental Decision and Order.