Packard Manufacturing Co.

National Labor Relations Board - Board Decisions

Dec 26, 1944

59 N.L.R.B. 1248 (N.L.R.B. 1944)

In the Matter of PACKARD MANUFACTURING COMPANY and UNITED
STEELWORKERS OF AMERICA, C. I. O.
Case No. 9-B-1624.-Decided December $6, 1944
Mr. W. F. Struby, of Indianapolis, Ind., for the Company.
Mr. John Rusak, of Indianapolis,, Ind., for the U. S. A.
Messrs. Linn G. Miles and Harry Hudson, of Indianapolis, Ind., for
the Teamsters.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America,
C. I. O., herein called the U. S. A., alleging that a question affecting
commerce had arisen concerning the representation of employees of
Packard Manufacturing Company, Indianapolis, Indiana, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before James A. Shaw, Trial
Examiner. Said hearing was held at Indianapolis, Indiana, on De-
cember 14,1944. At the commencement of the hearing the Trial Exam-
iner granted a motion of Coal, Ice and Building Material Drivers,
Local Union No. 716, International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers of America, A. F. of L., herein
called the Teamsters, to intervene. The Company, the U. S. A., and
the Teamsters appeared and participated in the hearing and all
parties 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. All parties were
afforded opportunity to file'briefs with the Board.
Upon the entire record, in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Packard Manufacturing Company is an Indiana corporation op-
erating two plants at Indianapolis, Indiana, where it is engaged in
59 N. L. R. B., No. 226.
1248
PACKARD MANUFACTURING COMPANY 1249
the manufacture of electrical equipment, tanks and parts. During
the past 12 months the Company purchased raw materials valued in
excess of $100,000, about 70 percent of which was shipped to it from
points outside the State of Indiana. During the same period the
Company manufactured products valued in excess of $100,000, about
90 percent of which was shipped to points outside the State of
Indiana.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
U. THE ORGANIZATIONS INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
Coal, Ice and Building Material Drivers, Local Union No. 716, In-
ternational Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of America, is a labor organization affiliated with the Ameri-
can Federation of Labor, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On October 4, 19441 the U. S. A. requested the Company to recognize
it as the exclusive collective bargaining representative of its employees.
The Company refused this request on the ground that it was operating
under a contract with the Teamsters.
On December 14, 1943, the Company and the Teamsters entered into
an exclusive collective bargaining contract. The contract provides that
it shall remain in effect until December 31, 1944, and from year to year
thereafter unless notice of a desire to terminate is given by either' party
thereto not less than 30 days prior to any annual expiration date. The
Teamsters contends that its contract is a bar to this proceeding and
urges that the petition be dismissed. Inasmuch as the U. S. A. made
its claim upon the Company prior to November 30, 1944, the date upon
which the contract would have automatically renewed itself, we find
the position of the Teamsters to be untenable.
A Statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the U. S. A. represents a substantial
number of employees in the unit hereinafter found to be appropriate'
i The Field Examiner reported that the U. S A presented 364 authorization cards bear-
ing the names of persons who appear on the Company's pay roll of October 1, 1944. There
are approximately 1,175 employees in the appropriate unit. The Teamsters did not present
any evidence of representation but relies upon its contract , alluded to above, ' as evidence
of its interest in the instant proceeding.
1250 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question 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.
1V. THE APPROPRIATE UNIT
We find, in agreement with a stipulation of the parties, that all
production and maintenance employees of the Company, excluding
watchmen, plant guards, salaried and clerical employees, and all super-
visory employees with authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees, or effectively
recommend such action, 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 means of an election by secret ballot among
the employees 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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Packard Manu-
facturing Company, Indianapolis, 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, undei the direction and supervi-
sion of the Regional Director for the Eleventh Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, of said Rules and Regulations,
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
vaction or temporarily laid off, and including employees in the armed
forces of the United States who present themselves in person at the
polls, but excluding any who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
PACKARD MANUFACTURING COMPANY 1251
election; to determine whether they desire to be represented by United
Steelworkers of America, affiliated with the Congress of Industrial
Organizations, or by Coal, Ice and Building Material Drivers, Local
Union No. 716, International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers-of America, affiliated with the American
Federation of Labor, for the purposes of collective bargaining, or by
neither.
CHAIRMAN MIrLis took no part in the consideration of the above
Decision and Direction of Election.