Save Electric Corp.

National Labor Relations Board - Board Decisions

Aug 31, 1948

79 N.L.R.B. 370 (N.L.R.B. 1948)

In the Matter of SAvE ELECTRIC CORPORATION, VERD-A-RAY PROCESSING
CO. AND PENETRAY CORPORATION, EMPLOYERS and INTERNATIONAL,
UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLE-
MENT WORKERS OF AMERICA, LOCAL 12, C. I. 0., PETITIONER
Case No. 8-RC-101 .-Decided August 31, 1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing of-
ficer of the National Labor Relations Board. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members.* '
Upon the entire record in the case, the Board makes the following:
FINDIN =S of FACT
I. TIIE BUSINESS OF TIIE EMPLOYERS
The Save Electric Corporation is an Ohio corporation, with its
principal office and place of business at Toledo, Ohio. It is engaged in
the manufacture of incandescent lamps. During the past year, it pur-
chased raw materials valued in excess of $400,000, of which more than
80 percent was shipped from points outside the State. During the
same period, it sold manufactured products, of which $700,000 repre-
sented sales outside the State.
The Verd-A-Ray Processing Company, an Ohio corporation, is en-
gaged in coating with enamel paint bulbs furnished it by the Save
Electric Corporation at its plant at Toledo, Ohio. During the past
*Chairman Herzog and Members Houston and Reynolds.
79 N L. R. B, No. 52.
370
SAVE ELECTRIC CORPORATION 371
year, the value of its output exceeded $100,000, such sales being solely
derived from Save Electric Corporation.
The Penetray Corporation, likewise an Ohio corporation, is engaged
in the manufacture of fixtures for infrared and health lamps. In
addition, it processes infrared lamps manufactured by the Save Elec-
tric Corporation. During the past year, it purchased raw materials
valued in excess of $100,000, of which more than 20 percent was shipped
from points outside the State. During the same period, its output
exceeded $250,000, of which more than 75 percent was shipped to points.
outside the State.
The Employers admit, and we find, that the Save Electric Corpora-
tion and the Penetray Corporation are engaged in commerce within.
the meaning of the National Labor Relations Act; we likewise find,
contrary to the contentions of the Employers, that the Verd-A-Ray
Processing Company is engaged in commerce, within the meaning of-
the Act.'
11. TILE OROANIZATJON INVOLVED
The Petitioner is a labor organization claiming to represent employ-
ees of the Employers.
III. THE QUESTION CONCERNING REPRESENTATION
A question affecting commerce exists concerning the representation.
of employees of the Employers, within the meaning of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act.
IV. TILE APPROPRIATE UNIT
The Petitioner seeks a single unit composed of all employees of the
three Employers, including watchmen and porters, but excluding office
employees, foremen, and supervisors as defined by the Act. The Ein--
ployers contend, however, that the employees of each corporation
should be included in separate units.
Although separate corporations, Save Electric Corporation, Verd-
A-Ray Processing Company, and Penetray Corporation share space
in a single building In which they perform complementary operations
with respect to the manufacture of electric lamps of various types. In
furtherance of these operations, one office together with one shipping
room and warehouse is used by all three of the Employers herein con-
'The Employers contend that Verd -A-Ray Processing Company is not engaged in com- -
merce within the meaning of the Act , and it neither processes raw materials acquired outside-
the State , nor ships finished products across State lines . However, where an employer-
furnishes services to a closely related corporation found to be engaged in interstate com-
merce , the Board is normally disposed to exercise what it holds to be its lawful jui isdiction._
Matter of Texas Electric Seriice Company, 77 N L R B 1258
372 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cerned. Of this group, Save Electric Corporation and Verd-A-Ray
Processing Company have not only a considerable, intercha,nge.,of
materials , but also a history of collective bargaining and the handling
of employee grievances upon a multiple-employer basis." It further
appears that, in addition to the fact that many of the officers in the
several corporations are identical, the employees of all three Employ-
ers are under the over-all supervision of the salve general manager
whose duties include the handling of labor relations policies.
Under all the circumstances, including the common control of pro-
duction operations and labor policies, we feel that the employees of the
Save Electric Corporation, Verd-A-Ray Processing Company, and the
Penetray Corporation, should constitute a single appropriate unit.'
We find that all employees of the Employers, including porters,' but
excluding office employees, forenmen, and supervisors as defined in the
Act, constitute a unit appropriate for the purposes of collective bar-
gaining, within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employers, all election by secret
ballot shall be conducted as early as possible, but not later than 30 days
from the date of this Direction, under the direction and supervision
of the Regional Director for the Region in which this case was heard,
and-subject to Sections 203.61 and 203.62 of National Labor Relations
Board'Rules and Regulations-Series 5, 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 of Election, including employees who chid not work during
said pay-roll period because they were if, or on vacation or temporarily
laid off, 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, and also excluding employees on strike who are
not entitled to reinstatement, to determine whether or not they desire
to be represented, for purposes of collective bargaining, by interna-
tional Union, United Automobile, Aircraft and Agricultural Imple-
ment Workers of America, Local 12, C. I. O.
2The newer Penetray Corporation has no history of collectite bargaining upon a
multiple-employer basis Howe%er, the Penetiay Coipoiation in common with the Verd-A-
Ray Processing Company obtained its original nucleus of employees from Save Electric
Corporation
'Matter of Gurney Menufacturnq Company, 72 N L R B 311 ; Matter of Salter Mslhs
Company, M Salter & Sons, 76 N L R B. 930
4 Although watchmen were included in the unit sought by the Petitioner, the evidence
indicates that no watchmen ate emplo} ed in any of the corpoiations involved.