Rock-Ola Manufacturing Corp.

National Labor Relations Board - Board Decisions

Dec 17, 1942

46 N.L.R.B. 80 (N.L.R.B. 1942)

In the Matter of ROCK-OLA MANUFACTURING CORPORATION and INTER-
NATIONAL ASSOCIATION OF MACHINISTS , DISTRICT R, A. F. OF L.
Case No. R-4606-Decided December 17,1942
Jurisdiction : ordnance manufacturing industry.
Investigation and Certification of Representatives : existence of question: stipu-
lation as to ; postponement of election held warranted in view of impending,
major increase in personnel; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, with specified exclusions ; stipulation as to.
Mr..J. W. Ramsey, Mr. Rudolph Paguet, and Mr. James McDonald,
of Chicago, Ill., for the Union.
Mr. Otto A. Jaburek, of Chicago, Ill., for the Company.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND ,
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Machin-
ists, District 8, A. F. of L., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Rock-Ola Manufacturing Corporation, Chicago,
Illinois, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Russell Packard, Trial Examiner. Said hearinb was held at Chicago?
Illinois, on November 30, 1942. The Company and the Union ap-
peared, participated, and 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.
Upon the entire record in the case, the Board makes the following:
FINDING OF FACT
I. THE BUSINESS OF THE COMPANY
Rock-Ola Manufacturing Company was originally incorporated
in Illinois in 1932. In 1937 it was reincorporated in Delaware.
46 N. L. R. B. No. 9.
80
ROCK-OLA MANUFACTURING CORPORATION 81
The peacetime operations of the Company included.the manufacture
of phonographs and upholstered furniture. At the present time,
the value of the upholstered furniture manufactured by the Company
is approximately $10,000 per month. With this exception, the Com-
pany' is now engaged in conversion to war work under a directive
of the United States Government. During the last full year of peace-
time operations, the Company's total volume of business was in
excess of $3,000,000. Approximately 50 percent of the raw materials
used in such peacetime operations were purchased and shipped from
points outside the State of Illinois to the plant ; likewise, approxi-
mately 50 percent of the products manufactured during the same
period were shipped to points outside the State of Illinois.
The Company expects to reach full war production by May or
June 1943. It has a Government contract for the production of
armaments of the value of $19,000,000 a year. By the end of January
1943, it will have produced approximately $60,000 to $70,000 worth
of such armaments and by the end of February 1943, $300,000 worth.
Of the raw materials purchased by the Company for use in arma-
ment production, in excess of 25 percent is purchased' and shipped
from points outside the State. of Illinois to the plant within that
State.
II. THE ORGANIZATION INVOLVED
International Association of Machinists, District 8, is a labor
organization, affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
HI. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that on or about October 29, 1942, the
Union requested recognition by the Company and that the Company
refused to_recognize the Union or to meet with it.
A statement of the Regional Director, introduced in evidence at the
hearing, and a statement of the Trial Examiner, made at the hearing,
indicate that-the Union represents a substantial number of employees
in the unit hereinafter found to be 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 National Labor
Relations Act.
'The Regional Director reported that the Union had submitted 548 membership appli-
cation cards . He further reported that a check of 84 of the applications revealed that
76 bear the names of persons whose names are on the pay roll submitted by the Company,
and that on the basis of this spot check , 495 of the total of 548 designations submitted
would bear the names of persons whose names are on the pay roll of October 31, 1942,
which contains the names of 786 persons within the appropriate unit.
504086-43-voI 46-6
82 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
We And, in accordance with a stipulaion of the parties that all pro-
duction and maintenance employees of the Company excluding super-
intendents, foremen, tool makers, full-time office and factory clerical
employees, watchmen, guards and anyone-else employed in a super-
visory capacity, 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 an election by secret ballot. However, the rec-
ord indicates that the Company now employs slightly less than half
the number of production and maintenance employees it ultimately ex-
pects to employ, and that there will be a substantial increase by Janu-
ary 1943. In order that the majority group of future employees shall
not be bound by the choice of-the minority group of present employees,
we shall direct that those eligible to vote shall be the employees in
the appropriate unit who are employed during the first pay-roll period
exclusively in January 1943, provided, however, that the election shall
be held not later than thirty (30) days from the date of our Direction
of Election.
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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Rock-Ola Manu-
facturing, Corporation, Chicago, Illinois, 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, under the direction and super-
vision of the Regional Director for the Thirteenth .Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III,' Section 10, of said Rules and Regulations,
among the employees in the unit found appropriate in Section IV
above, who are employed during the first pay-roll period exclusively
in January f943, including employees who did not work during such
pay-roll period because they were ill or on vacation 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, to determine
whether or not they desire to be represented by International Asso-
ciation of Machinists, District 8, affiliated with the American Federa-
tion of Labor, for the purposes of collective bargaining.