Noblitt-Sparks Industries, Inc.

National Labor Relations Board - Board Decisions

Apr 7, 1948

76 N.L.R.B. 1230 (N.L.R.B. 1948)

In the Matter of NOBLITT-SPARKS INDUSTRIES, INC., EMPLOYER and
AMERICAN FEDERATION or LABOR, PETITIONER
Case No. 91-R-1337.-Decided April 7, 1948
Mr. Owen J. Neighbors, of Indianapolis, Ind., and Mr. Yandeli C.
Cline, of Columbus, Ind., for the Employer.
Mr. Hobart Autterson, of Indianapolis, Ind., and Mr. Ed. Lacey,
of East Columbus, Ind., for the Petitioner.
Mr. Charlton Walker, of Columbus, Ind., and Mr. Charles Cohee,
of Elizabethtown, Ind., for the Intervenor.
DECISION
AND
DIRECTION OF ELECTION
Upon an amended petition duly filed,' hearing in this case was held
at Columbus, Indiana, on December 18, 1947, before Martin Sacks,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the National Labor Relations Board has delegated its
powers in connection with this case to a three-man panel consisting of
the undersigned Board Members.*
Upon the entire record in the case, the National Labor Relations
Board makes the following :
i The Employer moved to dismiss the petition in this proceeding on the ground , int3r alia,
that there has been an impioper substitution of parties by means of amendment to the
petition The original petition in this case was filed by Federal Labor Union 24485, A. F. L ,
and the Third Amended Petition, upon which h&armg was held herein , was filed by the
American Federation of Labor On this ground the Employer ' s motion is clearly without
merit . The Third Amended Petition is sufficient on its face to initiate investigation by the
Board of the alleged question concerning representation . Moieover , there is no showing
of prejudice as to the mere filing of the amended petitions in this case For these reasons
and for further reasons set forth herein , the Employer 's motion to dismiss is denied. Cf
Matter of the Colson Corporation, 70 N L R B 1235 ; see also Matter of Warshawsky and
Company , 75 N L R B 1291, holding that the fact of non-compliance with the Act's
filing requirements of a Petitioner 's local is irrelevant.
*Houston , Reynolds , and Murdock
76 N. L. R. B., No. 176.
1230
NOBLITT-SPARKS INDUSTRIES, INC. 1231
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Noblitt-Sparks Industries, Inc., an Indiana corporation, is engaged
in the manufacture of metal furniture, radios, and electrical appliances
at its six plants in Columbus, Indiana. During the year 1947, the
Employer purchased for use at its Columbus plants raw materials
Valued in excess of $200,000, of which approximately 60 percent was
received from points outside the State of Indiana. During the same
period, the Employer's finished products were valued in excess of
$200,000, of which approximately 90 percent represented shipments
to points outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization claiming to represent em-
ployees of the Employer .2 1
Columbus Industrial Workers Union, herein called the Intervenor,
is an unaffiliated labor organization claiming to represent employees
of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act 3
2 Contrary to the Employer's contention, the American Federation of Labor, while not a
national or international labor organization within the meaning of Section 9 (f), (g), and
(h) of the Act, is in this case a labor organization within the meaning of Section 2 (5) of
the Act, because its purpose here is to deal with the Employer concerning the wages, hours,
and working conditions of the employees of the Employer See Matter of American Fruit
Growers, Incorporated, 75 N. L R B. 1157 , Matter of S W Evans & Son, 75 N L R B.
811 ; of Matter of Northern Virginia Broadcasters; 'Inc, 75 N L. R B. 11
3 At the hearing in a separate Motion to Dismiss, and in the supporting brief, the Em-
ployer argues that the Petitioner has failed to make an adequate showing of representation.
Among other things, the Employer attacks the currency of the showing, the method of com-
putation, and the validity of certain authorization cards designating different affiliates of
the Petitioner. We have long held that a substantial showing of interest is required merely
as an administrative expedient and is not subject to direct or collateral attack When we
are satisfied that a prima facie showing has been made, as we are in this case, we shall pro-
ceed to determine the question concerning representation, which, in the present case, can
best be resolved by a secret ballot election. See, e. g., Matter of Hill Stores, Inc., 39 N. L.
R. 13. 874 ( 1942 ) ; Matter of Walt Disney Productions, 76 N. L R B. 121.
1232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
We find, in accordance with the stipulation of the parties, that all
production and maintenance employees of the Employer at its Colum-
bus, Indiana, plants, including group leaders, but excluding clerical,
engineering and plant-protection employees, and all supervisors, con-
stitute a unit appropriate for purposes of collective bargaining within
the meaning of Section 9 (b) of the Act .4
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Noblitt-Sparks Industries, Inc.,
Columbus, 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, under the direction and supervision of the Regional
Director for the Ninth Region, and subject to Sections 203.61 and
203.62, of National Labor Relations Board Rules and Regulations-
Series 5, among the employees in the unit found appropriate 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, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding any em-
ployees on strike who are not entitled to reinstatement, to determine
whether or not they desire to be represented by American Federation
of Labor for the purposes of collective bargaining.5
"Thus is substantially the same unit found appropriate by the Board in Matter of Nobtctt
Sparks Industries, Inc , 64 N. L R B 1501.
6 The Intervenor is presently not in compliance with the filing requirements of Section 5
(f), (g), and (h) of the Act, as amended, and will therefore not be accorded a place on the
ballot