Riggs Optical Co., Inc.

National Labor Relations Board - Board Decisions

Nov 27, 1945

64 N.L.R.B. 980 (N.L.R.B. 1945)

In the Matter of R IGGS OPTICAL COMPANY, INC. and SOUTHERN
CALIFORNIA OPTICAL TECHNICIANS AND ALLIED CRAFTS, A. F. L.
Case No. 11-R-1958.-Decided November ,07, 1945 °
Mr. Roy Wetmore, of Los Angeles, Calif., and Mr. Thom? as E.
MaGuire, of Rochester, N. Y., for the Company.
Mr. Frank Green, of Los Angeles, Calif., and Mr. Edward P.
Jucevic, of Monterey Park, Calif., for the Union.
Mr. Donald B. Brady, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Southern California Optical Tech-
nicians and Allied Crafts , A. F. L., herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Riggs Optical Company , Inc., Los Angeles,
California , herein called the Company , the National Labor Relations
Board provided for an appropriate hearing upon due notice before
William T. Whitsett , Trial Examiner . The hearing was held at Los
Angeles, California , on August 10, 1945. The Company and the
Union appeared and participated . 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
1. THE BUSINESS OF THE COMPANY
Riggs Optical Company, Inc., a subsidiary of Bausch & Lomb
Optical Company of New York, is engaged in Los Angeles, California
in the wholesale optical business and the manufacture of optical prod-
64 N. L. R. B., No. 164.
980
RIGGS OPTICAL COMPANY, INC. 981
ucts. The Company maintains branch offices in Washington, Mon-
tana, Idaho, Oregon, Utah, Arizona, and California. The principal
raw materials purchased by the Company during the year 1944 in-
cluded lenses, spectacle frames and optical instruments valued at
approximately $179,000, of which 90 percent was received from outside
the State of California. The Company's sales of its products during
the year 1944 amounted to $345,786, of which 1 percent was shipped to
points outside the State of California.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
IL. THE ORGANIZATION INVOLVED
Southern California Optical Technicians and Allied Crafts is a
labor organization, affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
Ill. TILE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees until the Union
has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate
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.
Iv. TI-tl; APPROPRIATE UNIT
We find in substantial conformity with the stipulation of the parties
that all the Company's regular production employees in the surface
and bench rooms, but excluding office and clerical employees and all
supervisory employees with authority to hire, promote, discharge, dis-
cipline, 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
(b) of the Act.
V. TIIE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
'The Field Examiner reported that the Union submitted 12 cards , bearing the names of
12 employees listed on the Company's pay roll of'July 16, 1945, and that 9 of the cards are
dated May 1945 and 3 cards not dated . There are approximately 25 employees in the
appropriate unit.
0
982 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees 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 Rela-
tions 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 Riggs Optical
Company, Inc., Los Angeles, California , an election by secret ballot
shall be conducted as early as possible, but not later than sixty (60)
days from the date of this Direction , under the direction and super-
vision of the Regional Director for the Twenty -first 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 Regula-
lions, 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 vaca-
tion 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 those employees who have since quit or been
discharged for cause and have not been rehired or reinstated prior to
the date of the election to determine whether or not they desire to be
represented by Southern California Optical Technicians and Allied
Crafts, affiliated with the American Federation of Labor , for the
purposes of collective bargaining.