22 N.L.R.B. 711 (N.L.R.B. 1940)

O.D. Jennings & Co.

National Labor Relations Board - Board DecisionsApr 4, 1940

22 N.L.R.B. 711 (N.L.R.B. 1940)

In the Matter of O. D . JENNINGS & CO. and INTERNATIONAL Asso- CIATION OF MACHINISTS DISTRICT No. 8, AFFILIATED WITH THE A. F. OF L. Case No. R-1771.-Decided April If, 1940 Coin-operated Machine Industry-Investigation of Representatives : stipula- tion between Company, Petitioning Union, Intervening Union, and Board as to business of the Company , question concerning representation , the appropriate unit, and direction of election-Election Ordered Mr. Robert Rissman, for the Board. Fyffe and Clarke, of Chicago, Ill., for the Company. Mr. James illeDonald, of Chicago, Ill., for the I. A. M. Mr. J. Warren McCaffrey, of Chicago, Ill., for the Independent. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On January 24, 1940, International Association of Machinists Dis- trict No. 8, herein called the I. A. M., filed with the Regional Di- rector for the Thirteenth Region (Chicago, Illinois) a petition alleg- ing that a question affecting commerce had arisen concerning the representation of employees of O. D. Jennings & Co., Chicago, Illi- nois, 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 February 7, 1940, 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 investiga- tion and authorized the Regional Director to conduct it and to pro- vide for an appropriate hearing upon due notice. On February 20, 1940, the I. A. M. filed an amended petition with the Regional Director. _ 22 N. L. R B., No 35. 711 712 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On February 21, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the I. A. M., and Coin Machine Workers Union of O. D. Jennings & Co., herein called the Independent, a labor organization claiming to rep- resent employees directly affected by the investigation. Prior to a hearing, the Company, the I. A. M., the Independent, and counsel for the Board entered into a stipulation and agreement dated March 16, 1940. This stipulation and agreement provides as follows : STIPULATION AND AGREEMENT It is hereby stipulated and agreed by and between O. D. Jennings & Company, a corporation, hereinafter called the company, International Association of Machinists District No. 8, affiliated with the American Federation of Labor, hereinafter called the union, Coin Machine Workers Union of O. D. Jen- nings & Company, hereinafter called the independent, and Ro- bert R. Rissman, Attorney, National Labor Relations Board, that: I On January 4, 1940, the union filed with the National Labor Relaitons Board, Region 13, a petition, and on February 20, 1940 an amended petition, alleging that a question affecting commerce had arisen concerning the representation of the employees of 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 Febru- ary 7, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3 of the National Labor Relations Board Rules and Regulations, Series 2, as amended, ordered an inves- tigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On February 21, 1940, the Regional Director issued a Notice of Hearing which was duly served upon the company, the union, and the independent. The hearing was scheduled for 10:00 o'clock A. M., February 26, 1940, at Room 1558, 20 North Wacker Drive, Chicago, Illinois. II 1. The company is an Illinois corporation having its principal place of business at 4309-4339 West Lake Street, Chicago, Illi- nois. The company owns and operates a plant at Chicago, Illi- nois, hereinafter called the plant, where it is now and has been 0. D. JENNINGS & CO. 713 at all times mentioned herein engaged in the design, manufac- ture, assembly, sale and distribution of coin operated vending and amusement machines, scales and Jennings Parking meters. 2. In the course and conduct of its business and in the oper- ation of the plant the company purchases large quantities of raw materials consisting in part of iron and brass castings, sheet metal, glass, hardware, 'paint, lumber and miscellaneous parts and supplies. For the year ended December 31, 1939, the total value of such raw materials and supplies purchased by the com- pany was approximately $100,000.00. Approximately 15 per cent of the raw materials and supplies so purchased were trans- ported to the company's plant at Chicago, Illinois from States of the United States other than the State of Illinois. 3. For the year ended December 31, 1939, the total value of the coin operated vending and amusement machines, scales and Jennings parking meters manufactured and sold by the com- pany was approximately $200,000.00. The company caused ap- proximately 90 per cent of such sales to be transported from the plant located in Chicago, Illinois to purchasers and users located in States other than the State of Illinois and to foreign countries. III 1. International Association of Machinists District No. 8, af- filiated with the American Federation of Labor, is a labor or- ganization within the meaning of Section 2, subdivision (5) of the Act. 2. Coin Machine Workers Union of O. D. Jennings & Com- pany, unaffiliated, is a labor organization within the meaning of Section 2, subdivision (5) of the Act. IV 1. On July 24, 1939, the union wrote to the company claim- ing to represent a majority of the company's employees and requesting a conference for the purposes of collective bargain- ing. On July 25, 1939, the independent wrote to the company claiming to represent a majority of the company's employees and requesting recognition as sole collective bargaining agent. On July 26, 1939, the company responded to the request of the union of July 24th, that it would be necessary for the union to establish proof of its claim of its representation of a majority. On August 4, 1939, counsel for the company advised the union that the company could not bargain with the union nor with the independent because of the conflicting claims of majority representation by the union and by the independent. 714 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. The union and the independent are the only labor organi- zations claiming to represent any of the company's employees. The union and the independent admit to membership all pro- duction and maintenance employees of the company excluding office employees, supervisory employees, and watchmen. 3. The company, the union and the independent agree that all production and maintenance employees of the company, excluding office employees, supervisory employees and watch- men, constitute a unit appropriate for the purposes of collec- tive bargaining, within the meaning of Section 9 (b) of the Act. V The question concerning representation which has arisen, occurring in connection with the operation of the company described in paragraph II above, has a close, intimate.and sub- stantial relation to trade, traffic and commerce among the sev- eral States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. VI 1. A question affecting commerce has arisen concerning the representation of. employees of O. D. Jennings & Company within the meaning of Section 9 (c) and- Section 2, subdivisions (6) and (7) of the National Labor Relations Act. 2. All employees in the unit set forth in paragraph IV 3 herein who were employed by the company during the week end- ing January 23, 1940 shall be eligible to vote in the election provided for in paragraph VIII herein. VII The parties hereto waive their right to a hearing, and the making of Findings of Fact and Conclusions of Law by the Board, all pursuant to the provisions of Section 9 (c) of the Act, and all parties agree that this Stipulation and Agreement, Order Directing Investigation and Hearing,' Petition and Amended Petition for Investigation and Certification of Repre- sentatives Pursuant to Section 9 (c) of the National Labor Re- lations Act, Notice of Hearing, and National Labor Relations Board Rules and Regulations, Series 2, as amended, may be introduced in the record in this proceeding by filing the same with the Chief Trial Examiner of the Board at Washington, D. C. 0. D. JENNINGS & CO. 715 It is further stipulated and agreed by and between the parties hereto that upon the record in this case and this Stipulation and Agreement, if approved by the Board; and by virtue of and pur- suant to the power vested in the. Board by Section 9 (c) of the Act, and pursuant to Article III, Section 8 of the National Labor Relations Board Rules and Regulations, Series 2-as amended, a Decision and Direction of Election may be entered by the Board, directing : That, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargain- ing with O. D. Jennings & Company, an election by secret ballot shall be conducted as early as possible but not later than 30 days from the date of the Direction of Election under the direction and supervision of the Regional Director for the Thirteenth Region acting in this matter as agent for the National Labor Relations Board, subject to Article III, Section 9 of the said Rules and Regulations among all production and maintenance employees of the company who were employed during the week ending January 23, 1940, excluding office employees, supervisory employees, watchmen, and employees who have since quit or been discharged for cause, to determine whether they desire to be rep- resented for the purposes of collective bargaining by International Association of Machinists District No. 8, affiliated with the American Federation of Labor or by Coin Machine Workers Union of O. D. Jennings-& Company, or by neither. The Board shall thereupon proceed pursuant to Article III, Sections 8 and 9 of said National Labor Relations Board Rules and Regulations, Series 2, as amended. All terms agreed upon are -set forth in this Stipulation and Agreement, and there is no verbal agreement of-any kind which, varies, alters or adds to this Stipulation and Agreement. This Stipulation and Agreement is subject to the approval of the National Labor Relations Board. On March 25, 1940, the Board issued an order approving the above stipulation and agreement, making It a part of the record, and pur- suant to Article III, Section 10, of National Labor Relations Board Rules and Regulations-Series 2, as amended, transferring the pro- ceeding to the Board for the purpose of entry of a Decision' and Direction of Election by the Board, pursuant to the provisions of the said stipulation and, agreement. Upon the above stipulation and agreement and the entire record in the case, the Board makes the following: 716 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY 0. D. Jennings & Co. is an Illinois corporation having its principal place of business at Chicago, Illinois. It is engaged in the design, manufacture, assembly, sale, and distribution of coin-operated vend- ing and amusement machines, scales, and parking meters. During 1939 the Company purchased raw materials valued at approximately $100,000, 15 per cent of which was shipped to it from points outside the State of Illinois. During the same year the Company sold finished products valued at approximately $200,000, of which approx- mately 90 per cent was shipped to points outside the State. II. THE ORGANIZATIONS INVOLVED International Association of Machinists District No. 8 is a labor organization affiliated with the American Federation of Labor. Coin Machine Workers Union of 0. D. Jennings & Co. is an un- affiliated labor organization. Both of the above organizations admit to membership all produc- tion and maintenance employees of the Company, excluding office employees, supervisory employees, and watchmen. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to bargain with the I. A. M. or the Inde- pendent because of their conflicting claims of majority represen- tation among the employees in the appropriate emit set forth in Section V below. 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 com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT All production and maintenance employees of the Company, ex- cluding office employees, supervisory employees, and watchmen, con- stitute a unit appropriate for the purposes of collective bargaining, 0. D. JENNINGS & CO. 717 and that said unit will insure to employees of the Company full benefit of their right to, self-organization and to collective bargain- ing and otherwise effectuate the policies of the Act. We further find that the question concerning representation can best be resolved by means of an election by secret ballot. Upon the basis of the above findings of fact, the above stipulation and agreement, and 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 O. D. Jennings & Co., Chicago, Illinois, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All the production and maintenance employees of the Company, excluding office employees, supervisory employees, and watchmen, constitute a unit appropriate for the purposes of collective bargain- ing, within the meaning of Section 9 (b) of the National Labor Relations 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, 49 Stat. 449, 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 O. D. Jennings & Co., Chicago, Illinois, 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 Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all production and maintenance employees of the Company who were employed during the week ending January 23, 1940, excluding office employees, supervisory employees, watchmen, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by International Association of Machinists District No. 8, affiliated with the American Federation of Labor, or by Coin Machine Workers Union of O. D. Jennings & Co., for the purposes of collective bargaining, or by neither.