Pick Manufacturing Co.

National Labor Relations Board - Board Decisions

Nov 22, 1939

17 N.L.R.B. 994 (N.L.R.B. 1939)

In the Matter of PICK MANUFACTURING COMPANY and LOCAL 632,
INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA1-
(A. F: L.)
Case No. R-1587.-Decided November 22, 1939
Automobile Replacement Parts Manufacturing Industry-Investigation of
Representatives : controversy concerning representation : employer refused to
recognize union unless it established in an election that it represented a ma-
jority of the employees in an appropriate unit-Unit Appropriate for Collective
Bargaining : all production and maintenance employees , excluding clerical and
supervisory employees-Election Ordered
Mr.. Frederick P. Mett and Mr. Jacob I. Karro, for the Board.
Mr. Carl B. Rix, of Milwaukee, Wis., for the Company.
Padway, Goldberg & Tarrell, by Mr. David Previant, of Milwau-
kee, Wis., and Mr. George Kiebler, of Milwaukee, Wis., for the Union.
Mr. Theodore W. Kheel, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On August 23, 1939, Local 632, International Union, United Auto-
mobile Workers of America, affiliated with the American Federation
of Labor, herein called the Union, filed with the Regional Director for
the Twelfth Region (Milwaukee, Wisconsin) a petition alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Pick Manufacturing Company, West Bend,
Wisconsin, herein called the Company, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein called the Act.
On October 16, 1939, 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, ordered an investigation and authorized the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
17 N. L. R. B., No. 93.
994
PICK MANUFACTURING COMPANY 995
On October 20, 1939, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
upon the Union. Pursuant to the notice, a hearing was held on
October 30, 1939, at West Bend, Wisconsin, before Earl S. Bellman,
the Trial Examiner duly designated by the Board. The Board, the
Company, and the Union were represented by counsel and partici-
pated 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 objec-
tions 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. On November 1,
1939, the Company requested. leave to file a brief in support of its
contentions. The Board, in accordance with this request, granted the
Company and the Union until November 14, 1939, to file briefs.
The Company availed itself of this privilege.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Company is a Wisconsin corporation with its principal offices
and plant located at West Bend, Wisconsin. It is engaged ' in the
manufacture and sale of such automobile replacement parts as hub
caps, oil filters, water pumps, universal joints, door handles, fender
and grille guards, and exhaust extensions. It also manufactures flex-
ible couplings and universal joints for use in industrial equipment
outside of the automobile field. Between 85 and 90 per cent of the
products manufactured by the Company are shipped to mail-order
houses and chain stores located outside the State of Wisconsin. Mr.
Pick, president and treasurer of the Company, estimated that the
Company would sell between $575,000 and $600,000 worth of finished
products during 1939. Steel, metal castings, brake linings, contain-
ers, and labels are the raw materials purchased by the Company for
use in manufacture. 'It annually spends for raw materials an amount
approximately equal to 50 per cent of its total sales.
H. THE ORGANIZATION INVOLVED
Local 632, International Union, United Automobile Workers of
America, is a labor organization affiliated with the American Fed-
eration of Labor. It admits to membership all production and main-
tenance employees of the Company, excluding clerical and super-
visory employees.
996 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union until it has established
in an election that it represents a majority of the employees in an
appropriate unit.
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
A unit composed of all production and maintenance employees,
excluding clerical and supervisory employees, is sought by the Union.
The Company would include in this unit three employees whom the
Union has designated as supervisory. These three employees are
(1) Carl Pfister, who supervises four shipping clerks and is responsi-
ble for the boxing and shipping of products manufactured by the
Company; (2) Clarence Spaeth, who is in charge of the machine
shop; and (3) Henry Schindler, who supervises the use of dies by
employees who operate presses. In view of the nature of their work
and the Union's desire to exclude them from the appropriate unit,
we are of the opinion that they should be excluded as supervisory
employees.
We find that all production and maintenance employees of the
Company, excluding clerical and supervisory employees, constitute
a unit appropriate for the purposes of collective bargaining and
that said unit will insure to employees of the Company the full bene-
fit of their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The Union asserted at the hearing that it represented a majority
of the employees of the Company in the appropriate unit. The
Company has contested this claim. We shall therefore direct an
election among the employees of the Company in order to settle the
question concerning representation. During the hearing, the Com-
pany and the Union agreed that the pay roll of June 13, 1939, should
PICK MANUFACTURING COMPANY 997
be used to determine eligibility to vote in this election. It was
pointed out that after that date, the Company laid off employees
whom it expected to reemploy presently. We believe, nevertheless,
that a more current eligibility date will best effectuate the policies
of the Act. In directing that such a date be used, however, we shall
include as eligible to vote employees who have been temporarily laid
off. Thus, those employees who were on the June 13 pay roll and
who may now be temporarily laid off will be eligible to vote.
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 Pick Manufacturing Company, West Bend,
Wisconsin, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company, ex-
cluding clerical and supervisory employees, constitute a unit appro-
priate for the purposes of collective bargaining 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, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, it is hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Pick Manufacturing Company, West Bend, Wisconsin, an elec-
tion 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 Twelfth
Region, acting in this matter as agent for the National Labor Rela-
tions Board and subject to Article III, Section 9, of said Rules and
Regulations, among the production and maintenance employees of
the Company, excluding clerical and supervisory employees whose
names appear on the Company's pay roll immediately preceding the
date of this Direction of Election, including those who were sick,
on vacation, or temporarily laid off, but excluding those who have
since quit or been discharged for cause, to determine whether or not
they desire to be represented by Local 632, International Union,
United Automobile Workers of America, affiliated with the American
Federation of Labor, for the purposes of collective bargaining.