Nineteen Hundred Corp.

National Labor Relations Board - Board Decisions

Jun 6, 1941

32 N.L.R.B. 327 (N.L.R.B. 1941)

In the Matter of NINETEEN HUNDRED CORPORATION and UNITED ELEC-
TRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. O.
,Case No. R4,537.Decided June 6, 1941
Jurisdiction : household appliance manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition to union until it is certified by the Board; proba-
tionary employees held eligible to vote; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees including inspectors, but excluding supervisory employees, foremen,
assistant foremen, timekeepers, draftsmen, experimental employees, watchmen,
clerical and office employees.
Mr. A. E. Brown, of St. Joseph, Mich., for the. Company.
Mr. J. T. Go jack, of St. Joseph, Mich., for the Union.
Mr. Charles W. Schneider, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On March 4, 1941, United Electrical, Radio & Machine Workers
of America, C.. I. 0., herein called the Union, filed a petition with
the Regional Director for the Seventh Region (Detroit, Michigan)
alleging that a question affecting commerce had arisen concerning the
representation of employees of the Nineteen Hundred Corporation,
St. Joseph, Michigan, herein called the Company, and requesting an
investigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On April 21, 1941, 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 Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
On April 29, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
Pursuant to notice, a hearing was held on May 8, 1941, at St. Joseph,
32 N. L. R. B., No. 73.
327
328 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Michigan, before Robert J. Wiener, the Trial Examiner duly desig-
nated by the Chief Trial Examiner. The Company and the Union
were represented by counsel and participated in the hearing. Full
opportunity to be heard, to examine and cross-examine witnesses and
to introduce evidence bearing on the issues was afforded all parties.
During the course of the hearing the Trial Examiner made several
rulings on motions and on objections to the admission of evidence.
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
1. THE BUSINESS OF THE COMPANY
Nineteen Hundred Corporation is a corporation organized under
the laws of the State of New York on May 16, 1929. It operates a
factory and office at, St. Joseph, Michigan, which is the only plant
involved in this case. The corporation is engaged in the manufacture
and sale of washing machines, ironers, and other appliances for house-
hold use. The Company purchases raw materials monthly to the
value of $422,000, approximately 75 per cent of which are received
from sources outside the State of Michigan. The Company sells
finished products to the value of approximately $652,000 monthly,
about 95 per cent of which are shipped to points outside the State
of Michigan.
U. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America is a
labor organization affiliated with the Congress of Industrial Organiza-
tions, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about March 1, 1941, the Union notified the Company of its
claim to majority representation within the alleged appropriate unit
and requested recognition and collective bargaining conferences. The
Company declined recognition until the Union had been certified as
bargaining agent by the Board. A report of the Regional Director,
introduced into evidence at, the hearing, stated that the Union had
submitted evidence that it represented a substantial, number of em-
ployees in the alleged appropriate unit.'
'i The Regional Director's report did not state specifically the number of members claimed
by the Union within the alleged appropriate unit.
NINETEEN HUNDRED CORPORATION 329
We find that a question has arisen concerning the 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
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union contends that all production and maintenance employees,
including inspectors, but excluding supervisory employees, foremen,
assistant foremen, timekeepers, draftsmen, experimental employees,
watchmen, clerical and office employees, constitute an appropriate unit.
The Company disagreed with the Union only in that it urged the ex-
clusion of inspectors from the unit on the ground that they 'are agents
of the management and that their duties are of a'confidential nature.
Inspectors work at the end of the assembly line or bench and check
the finished work for blue print tolerance and proper assembly and
quality. They do not have authority to hire or discharge or to
exercise discipline over the production men, although they can stop
work on the assembly when the checked products are not up to
standard. They report to different supervisors than do the ordinary
production employees. They are paid on the same basis as the pro-
duction employees. The Company stated that it usually gives its
inspectors preferences when lay-offs are necessary. We shall include
the inspectors in the appropriate unit. 2
We find that all production and maintenance employees of the
Company, including inspectors, but excluding supervisory employees,
foremen, assistant foremen, timekeepers, draftsmen, experimental
employees, watchmen, clerical and office employees, constitute a unit
appropriate for the purposes of collective bargaining and that said
unit will insure to the employees of the Company the fall benefit of
-their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act.
2 Matter of Westinghouse Electric & Manufacturing Company and United Electrical,
Radio and Machine Workers of America, Local 601, 27 N L R B 1358; Ch Matter of
Republic Aircraft Corporation and International Union, United Automobile Workers of
America, affiliated with the Congress of Industrial Organizat i ons, [i0 N I. R B 269
330 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
VI. TIIE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot.
The Company contends that only those employees employed by it
on March 1, 1941, should be eligible to vote in an election, because that
was the date upon which the Union claimed a majority. The Union,
however, desires that a current pay roll be utilized. Between March
1 and May 7, 1941, the Company hired 115 new employees. Adoption
of the Company's demand would deprive those employees of a choice
in the bargaining agent. Under the circumstances, we shall follow
our usual practice and direct that the employees of the Company
eligible to vote in the election shall be those in the appropriate unit
employed during the pay-roll period immediately preceding the date
of the Direction of Election herein, subject to such limitations and
additions as are set forth in the Direction hereinafter.
The Company further contends that employees whom it designates
as "probationary" should not be permitted to vote in the election. The
Union wishes such employees to vote. It appears that it is the Com-
pany's policy to regard all new employees as being on probation for
a period of 3 months.. At the end of that time, they automatically
acquire the status of regular employees. There is no difference in
pay between probationers and regular workers, and a change from
the probationary to the regular status works no apparent concrete
change either as to pay or working conditions except that group in-
surance to which the employees are eligible does not become effective
until a man has been employed 3 months. This provision, however,
has been established by the insurance company and has no apparent
connection with the Company's labor policy. Since there is no
substantial difference between the status of probationers and that of
the regular employees they are entitled to vote in the election.3
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF THE LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Nineteen Hundred Corporation, St. Joseph,
Michigan, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the Act.
8 See Matter of International Harvester Company and Pattern Makers League of North
America, and Pattern Makers Association of Quad Cities C Vicinity (AFL), 32 N. L. R. B.
58.
NINETEEN HUNDRED CORPORATION 331
2. All production and maintenance employees of the Company,
including inspectors, but excluding supervisory employees, foremen,
assistant foremen, timekeepers, draftsmen, experimental employees,
watchmen, clerical and office employees, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
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, or 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 the Nineteen Hundred Corporation, St. Joseph, Michigan, 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 Seventh Region, acting in this matter as agent for the Na-
tional Labor Relations Board, and subject to Article III, Section 9,
of said Rules and Regulations, among all production and maintenance
employees, including inspectors, of the Nineteen Hundred Corpora-
tion, St. Joseph, Michigan, who were employed by it 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 in the active military service or training
of the United States, or temporarily laid off, but excluding super-
visory employees, foremen, assistant foremen, timekeepers, draftsmen,
experimental employees, watchmen, clerical and office employees, and
employees who have since quit or been discharged for cause, to deter-
mine whether or not they desire to be represented by United Electrical,
Radio & Machine Workers of America, affiliated with the Congress
of Industrial Organizations, for the purposes of collective bargaining :