R. H. Armbruster Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 19, 1941

30 N.L.R.B. 457 (N.L.R.B. 1941)

In the Matter of W. C. ARMBRUSTER, DOING BUSINESS AS R. H. ARM-
BRUSTER MANUFACTURING COMPANY and CONGRESS OF INDUSTRIAL
ORGANIZATIONS
Case No. R-2333.-Decided March 19, 1941
Jurisdiction : tent, tarpaulin. and awning manufacturing industry.
Investigation and Certification of Representatives : existence of question: Com-
pany refused to accord petitioning union recognition contending that a rival
union had already organized the plant; closed-shop contract entered into
after institution of proceedings, no bar to ; election necessary
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees including warehouse employees, but excluding supervisory, clerical, and
sales employees, and working foremen.
Mr. A. M. Fitzgerald, of Springfield, Ill., for the Company.
iltr. Edmlund 'Bnrlce, of Springfield, Ill., for the CIO.
Mr. John R. Kane, of Springfield, Ill., for the A. F. of L.
Mr'c.s Ann Landy, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 22, 1941, the Congress of Industrial Organizations,
herein called the CIO, filed with the Regional Director for the
Thirteenth Region (Chicago, Illinois) a petition, and on January
28 and February 10, 1941, amended petitions, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of W. C. Armbruster, Springfield, Illinois, doing business as
R. H. Armbruster Manufacturing Company, herein called the Com-
pany, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On February 11, 1941, the
National Labor Relations Board, herein called the Board,* acting
pursuant to Section 9 (c) of the Act and Article III, Section 9,
of National Labor Relations Board Rules and Regulations-Series
2, as amended, ordered an- investigation and authorized the Regional
30 N. L. R. B., No. 64.
457
458 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On the same day, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, upon the
C. I. 0., and upon International Hod Carriers, Building and Com-
mon Laborers Union of America, herein called the A. F. of L., a
labor organization claiming to represent employees directly affected
by the investigation. Pursuant to the notice, a hearing was held
on February 18, 1941, at Springfield, Illinois, before Lester Asher, the
Trial Examiner duly designated by the Chief Trial Examiner. The
Company, the C. I. 0., and the A. F. of L. were represented by
counsel and participated in the hearing. Full opportunity to be
heard, to examine and to 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 all 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
I. THE BUSINESS OF THE COMPANY
W. C. Armbruster is an individual doing business at Springfield,
Illinois, as the R. H. Armbruster Manufacturing Company. The'
Company is engaged in the manufacture, sale, and rental of tents,
tarpaulins, and awnings. Its gross sales for the year of 1940
amounted to approximately $113,000. About 10 or 12 per cent of
such sales were shipped to points outside the State of Illinois. Dur-
ing the same period, the Company purchased raw materials valued
at $27,262. Eighty per cent of such materials were, imported from
States other than Illinois.
The number of production workers employed by the Company
normally averages 27 or 28. Since February 1941, however, the
Company has been engaged in the performance of a defense contract,
and at the time of the hearing the number of its employees had
increased to 115.
H. THE ORGANIZATIONS INVOLVED
The Congress of Industrial Organizations is a labor organization
admitting to membership respond,3nt's production and maintenance
employees.
W. C. ARivIBRUSTER 459,
International Hod Carriers, Building and Common Laborers
Union of America is a labor organization affiliated with the American
Federation of Labor, admitting to membership production and main-
tenance employees of the Company.
1II. THE QUESTION CONCERNING REPRESENTATION
On January 21, 1941, the C. I. O.' requested the Company to,
bargain with it. The Company refused on the ground that the
plant was already organized by the A. F. of L. On January 22, the
C. I. O. filed the petition in this proceeding, and on January 24 the
Company was notified thereof. On January 25, notwithstanding such
notification, the Company entered into a° closed-shop contract with
the A. F. of L. Inasmuch as the contract with the A. F. of L. was
Centered into after the Company had been notified that the C. I. O.
had filed a petition for investigation and certification,'it is no bar
to our investigation.'
- It appears from a statement made by the Trial Examiner who ex-
amined the membership cards of the C. I. O. and the A. F. of L.
that both labor organizations represent a substantial number of the
Company's employees in the unit hereinafter found to be appro-
priate.' We find that a question has arisen -concerning the repre-
sentation 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 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
At the hearing both labor organizations agreed that all production
and maintenance employees of the Company, excluding clerical and
sales employees, and supervisory employees other than working fore-
men constitute an appropriate unit. The Company made no claim
' See Matter of General Dry Batteries, Inc and Battery lVorkers' Federal Labor Union,
No 22516, A. F of L . 29 N L R B 1017 , and cases cited therein
2 A comparison of the membership cards and the Company s December 27, 1940, pay role
revealed that 69 of the Company s 112 employees signed application cards for the C I. O.
and 78 signed application cards for the A F. of L '
460 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
with respect to the unit. Dispute arose between the labor organiza-
tions, however,, concerning the inclusion in the unit of warehouse
employees and of three working foremen.
The Company had on its December 27, 1940, pay roll five ware-
house employees, one of whom is a part-time truckciriver. The ware-
house is located in a building seven blocks away from the plant. • The
warehouse employees inspect and repair tents stored there. The
C. I. O. contends that the warehouse employees are not properly
within the designation of production and maintenance employees.
The A. F. of L. desires to have them included in the unit. We find
that the warehouse employees should be included in the unit inasmuch
as there is no fundamental difference between their work and the
work of the Company's other production and maintenance employees.3
The C. I. O. claims that Adolph Bobitz, Maye Hubbs, and James
Patsche should be excluded from the, unit because they are supervisory
employees. The A. F. of L. would include them since, in addition
to their supervisory duties, they are engaged in production work.
It is- not disputed that each of these employees, although also engag-
ing in production, exercises a degree of supervisory authority. Bobitz
is responsible for the work of the men in the warehouse, Hubbs has
charge of the work of three or four other employees, and Patsche is
in charge of the night force at the main plant. We shall exclude
Bobitz, Hubbs, and Patsche from the unit as supervisory employees.
We find that all production and maintenance employees of the
Company including warehouse employees, but excluding supervisory,
clerical, and sales employees, and working foremen, constitute a unit
appropriate for the purposes of collective bargaining, and that said
unit will insure to employees of the Company the full benefit of their
right to self-organization and to collective bargaining and otherwise
effectuate the policies of the'Act.
VI. TI-11E DETERMINATION. OF REPRESENTATIVES .
We find that the question, concerning representation which has
arisen can best be resolved by means of an election by secret ballot
and shall direct that such an election be held.
The number, of persons employed by the Company in recent months
has fluctuated sharply. Its pay roll for December 27, 1940, reflecting
employment just prior to extensive lay-offs occasioned by the comple-
tion of a defense contract, contains 112 names. On January 25,-1941,
"Matte of Terminal Flour Mills Company and International Longshoremen's and Ware-
housemen's Union, Local 1-28, 8-N. L R B 381 , Matter of Barre Wool Combing Company,
Limited and Federal Labor Union, No. 21928 , Textile Workers, affiliated with the American
Federation of Labor, 19 N. L R, B 1008.
W. C. ARMBRUSTER 461
-when the 'Company entered into a closed-shop contract with the
A. F. of L., only 23 persons were employed. By the time of the
-hearing on February 18, 1941, work on a second defense contract had
increased employment to 115, and most of the persons laid off at the,
close of 1940 had been recalled. It does not clearly appear whether
the closed-shop provision of the contract has been enforced.
The C. I. O. urges that a pay roll preceding the lay-offs at the
close of 1940 should be used to determine eligibility to vote in an elec-
tion. The A. F. of L. would have eligibility determined by reference
to a current payroll.
We shall direct that those eligible to vote shall be all persons in
-the appropriate unit who were on the Company's pay roll for January
24, 1941, the last payroll preceding the execution of the closed-shop
contract, and all persons in such unit who, although not on that pay
-roll, were on the Company's pay roll of December 27, 1940, which
reflects employment during the performance of the Company's first
defense contract; with the limitations and additions set forth in the
Direction of Election.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLus1oI'B OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of W. C. Armbruster, Springfield, Illinois,
doing,business as R. H. Armbruster Manufacturing Company, 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 in-
cluding warehouse employees, but excluding supervisory , clerical, and
sales employees, and working foremen, constitute a unit appropriate
for the purposes of, collective bargaining.
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 Re-
lations Act and pursuant to Article III, Section 8, of National Labor
Relations Bdard 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 bar-
gaining with W. C. Armbruster, Springfield, Illinois , doing business
as the R. H. Armbruster Manufacturing Company, an election by
462 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD
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 Diiector 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 Regu-
lations, among all production and maintenance employees of the
Company, including warehouse employees, who were on the Com-
pany's pay roll for January 24, 1941, and all such employees who, al-
though not on that pay roll, were on the Company's pay roll of De-
cember 27, 1940, and all such employees who were on neither pay roll
because they were ill or on vacation or absent because called for mili-
tary service, I excluding supervisory, clerical, and sales employees,
working foremen, and any who, since the date of the most recent of
the above pay rolls upon which their names appear, have quit or
been discharged for cause, to' determine whether they desire to be
represented by the Congress of Industrial Organizations or by
International Hod Carriers, Building and Common Laborers Union
of America, affiliated with the American Federation of Labor, for the
purposes of collective bargaining, or by, neither.