Roach-Appleton Manufacturing Co.

National Labor Relations Board - Board Decisions

Apr 17, 1940

22 N.L.R.B. 1049 (N.L.R.B. 1940)

In the Matter of ROACH-APPLETON MANUFACTURING COMPANY and
LOCAL 144, INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS
OF AMERICA,. AFFILIATED WITH THE CONGRESS OF INDUSTRIAL
ORGANIZATIONS
Case No. R-1775.-Decided April 17, 1940
Wiring Material and Accessories for Electrical Installations Mannfacturtng
Industry-Investigation of Representatives: controversy concerning representa-
tion of employees : refusal to grant union sole recognition until certified by the
Board-Unit Appropriate for Collective Bargaiaung: production and maintenance
employees , excluding foremen and clerical and part-time employees ; agreement
as to-Election, Ordered
Mr. Stephen M. Reynolds, for the Board.
Mr. A. F. Erickson, of Aurora, Ill., and Mr. J. J. Madden, South
Bend, Ind., for the Company.
Mr. Eldon W. Matthews, of South Bend, Ind., for the Union.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 3, 1940, Local 144, International Union, United Auto-
mobile Workers of America, affiliated with the Congress of Industrial
Organizations,' herein called the Union, filed a petition with the
Regional Director for the Thirteenth Region (Chicago, Illinois)
alleging that a question affecting commerce had arisen concerning
the representation of employees of Roach-Appleton Manufacturing
Company, South Bend, Indiana, herein called the Company, and re-
questing 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 March 15, 1940, the National Labor Re-
lations Board, herein called the Board, acting pursuant to Section
9 (c) of the Act and Article III, Section 3, of National Labor Re-
lations Board Rules and Regulations-Series 2, as amended, ordered
The petition was filed on behalf of "Local #144, U A W A." by E W MattheN%s,
C. I. O. Council Organizer The name of the Union was amended at the hearing to read
in the unabbreviated form
22 N L. R. B., No. 87.
1049
1050 DECISIONS OF NATIONAL LABOR RELATIONS- BOARD
an investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice.
On March 18, 1940, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
Union. Pursuant to the notice , a hearing was held on March 25, 1940,
at South Bend, Indiana, before John T. Lindsay , the Trial Examiner
duly designated by the Board. The Board was represented by coun-
sel, the Union by an official, and the Company by two of its officials.
All parties participated in the hearing and were afforded full oppor-
tunity to be heard , to examine and cross -examine witnesses, and to
introduce evidence bearing on the issues . During the course of the
hearing the Trial Examiner made several rulings in regard to the
admission of evidence and granted motions to amend the petition and
other formal papers. The Board has reviewed 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
The Company, Roach-Appleton Manufacturing Company, South
Bend, Indiana, is a Delaware corporation engaged in the manufac-
ture of wiring material , consisting of switch boxes, outlet boxes, and
accessories for electrical installations . The Company is under the
direct management of the executive board of All Steel Equipment
Company, Aurora, Illinois, of which the Company is a subsidiary.
The factory and main office of the Company is at South Bend,
Indiana. Its main sales office is combined with that of All Steel
Equipment Company at Aurora, Illinois.
Sheet steel constitutes 95 per cent of the raw materials used in
the manufacture of products at the Company 's plant. The total ton-
nage of raw materials used in 1939 was 7,721 tons , of which 7,396
tons were brought by rail and truck into Indiana from other States,
principally Ohio and West Virginia. The total value of sales of the
Company's products amounted to over $1,000,000. Practically all the
sales were made to points outside Indiana, among the several States
and Canada. The products of the Company are nationally adver-
tised in trade journals, and bear a registered trade-mark.
If. THE ORGANIZATION INVOLVED
Local 144, International Union, United Automobile Workers of
America, is a labor organization affiliated with the Congress of In-
dustrial Organizations . It admits to membership employees of the
Company, excluding clerical and supervisory employees.
ROACH-APPLETON MANUFACTURING COMPANY 1051
III. THE QUESTION CONCERNING REPRESENTATION
In December 1939 and January 1940 the Union, claiming to repre-
sent a majority of the production and maintenance employees, re-
quested the Company to bargain with it as exclusive representative
of such employees. The Company conceded that some of its em-
ployees were members of the Union, but refused to recognize it as
sole bargaining agent of the above-mentioned employees until it had
been certified as such by this Board. The Company has no con-
tractual relationship with any labor organization. No labor or-
ganization other than the Union has claimed to represent any of the
company's employees.
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, tends to lead to labor disputes burden-
ing and obstructing commerce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company and the Union agreed that all production and main-
tenance employees of the Company at its South Bend, Indiana, plant,
excluding foremen and clerical and part-time employees, consti-
tute a unit appropriate for the purposes of collective bargaining.
We find that all production and maintenance employees of the
Company at its South Bend, Indiana, plant, excluding foremen and
clerical and part-time employees, 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. THE DETERMINATION OF REPRESENTATIVES
The following "Statement Of Regional Director Concerning Claims
Of Authorization For The Purpose Of Representation" was intro-
duced in evidence :
The undersigned, Regional Director for the National Labor
Relations Board, Thirteenth Region, has investigated the peti-
tion filed by Local 144, United Automobile Workers of America,
affiliated with the Congress of Industrial Organizations.
1052 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In connection with the investigation, petitioner has submitted
to me certain evidence in support of its allegation that the peti-
tioner represents 171 employees in the alleged appropriate unit.
This evidence consisted of the roster of members in good dues
standing of Local 144, United Automobile Workers of America,
(C. I. 0.), on or about March 11, 1940.
Of the 151 names appearing on said roster, all appear on the
pay roll of Roach-Appleton Manufacturing Company for the
week beginning March 17, 1940, which lists 243 employees
exclusive of foremen.
According to the Company's pay roll of March 20, 1940, there
were 240 employees in the appropriate unit as of that date. We
find that the question concerning representation of the Company's
employees will best be resolved by an election.
The Union and the Company stipulated that if the Board directs
an election, all employees in the appropriate unit whose names ap-
pear on the pay roll of March 20, 1940,2 excluding those who have
since quit or been discharged for cause, should be eligible to vote.
We shall direct that those eligible to vote in the election shall be
employees in the appropriate unit whose names appear on the Com-
pany's pay roll of March 20, 1940, for its South Bend, Indiana, plant,
excluding employees who have since quit or been discharged for
cause.
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 Roach-Appleton Manufacturing Company,
South Bend, Indiana, within the meaning of Section 9 (c) and Sec-
tion 2 (6) and (7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company at
its South Bend, Indiana, plant, excluding foremen and clerical and
part-time employees, constitute a unit appropriate 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-
2 This pay roll was introduced in evidence as Board's Exhibit 2 ; 10 foremen are desig-
nated by asterisks (') ; 3 part-time men whose names were read into the record as
Zachary W . Dlugosz, Raymond Walter , and Francis K Lea , Jr, are designated on the
pay roll by the symbol "x."
ROACH-APPLETON MANUFACTURING COMPANY 1053
tions Act, 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 Roach-Appleton Manufacturing Company, South Bend, Indi-
ana, 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
of Election, under the direction and supervision of the Regional Di-
rector for the Thirteenth Region, acting in the matter as agent for
the National Labor Relations Board, and pursuant to Article III,
Section 9, of said Rules and Regulations, among all production and
maintenance employees of the Company at its South Bend, Indiana,
plant, whose names appear upon the Company's pay roll of March
20, 1940, excluding foremen and clerical and part-time employees
and employees who have since quit or have been discharged for cause,
to determine whether or not they desire to be represented by Local
144, International Union, United Automobile Workers of America,
affiliated with the Congress of Industrial Organizations, for the pur-
poses of collective bargaining.