Service Products Corp.

National Labor Relations Board - Board Decisions

Dec 6, 1941

37 N.L.R.B. 374 (N.L.R.B. 1941)

In the Matter of SERVICE PRODUCTS CORPORATION and UNITED ELEC-
TRICAL , RADIO & MACHINE WORKERS OF AMERICA, LOCAL No. 1003,
C.11. O.
Case No. B-3152.-Decided December 6, 19,411
Jurisdiction : metal products manufacturing industry.
Investigation and Certification of Representatives : existence of question: refusal
to accord union recognition until certified by the Board; existing wage-
increase contract with independent committee representing employees not
desiring to participate in the election, no bar to ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding clerical and supervisory employees ; stipulation as to.
Mr. Carl Wilde, of Indianapolis, Ind., for the Company.
Mr. Fred Gardner, of Indianapolis, Ind., for the Union.
Mr. Robert R. Hendricks, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
J
On August 5, 1941, United Electrical, Radio & Machine Workers
of America, Local No. 1003, C. I. 0., herein called the Union, filed
with the Regional Director for the Eleventh Region (Indianapolis,.
Indiana) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of Service Prod-
ucts Corporation, Indianapolis, Indiana, herein called the Com-
pany, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On October 1, 1941, the
National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act, and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to, provide for an appropriate hearing
upon due notice.
On October 10, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and the,
37 N. L. R. B., No. 61.
374
= SERVICE -PRODUCTS' CORPORATION 375
Union and upon a committee representing an "association" of, em=
ployees of the Company.' Pursuant 'to notice, a,hearing was held
on October 14; 1941; at 'Indianapolis, Indiana, -before Arthur" R.
Donovan, the 'Trial.'Examiner duly designated by the Chief Trial
Examiner. , The Company and the Union were represented and par-
ticipated in the hearing. ' Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing upon
the issues was: afforded all parties. During the course of the hear-
ing, the Trial Examiner made various rulings with respect to the
admission' of evidence. 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
1. THE BUSINESS OF THE COMPANY
The Company is engaged in' the prodilction of metal fans (for
trucks, tractors, and other industrial purposes), autographic registers,
and metal stampings at its plant in Indianapolis, Indiana. Approx-
imately 75 per cent of the raw materials used by the Company is
obtained from without the State of Indiana. Approximately 95
per cent of its finished products is shipped outside of the State of
Indiana. The Company admits that it is engaged in commerce
within the meaning of the Act.
H. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America, Local
No. 1003, is a labor organization affiliated with the C. I. O. It ad-
mits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 22, 1941, the Company and a three-man committee 3 pur-
porting to represent the employees of the Company, entered into an
agreement providing for an increase in pay, effective May 29, 1941,
and continuing until December 31,' 1941, of 5 cents per hour-
for "all employees in the factory who work on an hourly
'It was disclosed at the hearing that the "association " of employees has no name,
constitution , bylaws, or officers and that its members neither pay dues nor conduct
regular meetings From time to time the "association" has nominated and elected com-
mittees to represent the employees in bargaining with the Company concerning wage
matters ' All three members of the present committee of the "association " appeared at-
the hearing and testified that the "association " did not wish to intervene. The
"association " took no further part in this proceeding
'The usual 5-div notice of hearing was waived by the Company and the Union
' This was a committee of the "association ' discussed above . See footnote 1, supra.
376 DECISIONS 'OF NATIONAL' LABOR-'RELATIONS BOARD
basis." The agreement further provided' that any, alteration' of
its terms by either party, subsequent to its expiration- date,'-had
to be preceded ' by 60 days' notice. On August 4, 1941, the Union
requested 'that the, Company recognize it as the bargaining agent -for
its employees. 'The Company informed the Union of its wage-in--
crease agreement with the committee and refused to recognize the
Union until such time as it had been certified by the Board.
The agreement made between the Company and the committee pro-
vides for nothing other than the increase, as above noted, in the hourly
rate of pay. It does not purport to be an agreement wherein the
Company contracts to recognize the committee, or the ^"association,"
as the exclusive bargaining representative of the Company's em-
ployees. Moreover, as previously' noted, all three members of the
present committee of the "association" appeared at the hearing and
testified that the "association" of employees whom they represented
did not wish to intervene "against the C. I. 0." in any election which
might be ordered by the Board. Under the circumstances, we find
that the 'agreement constitutes no bar to a present determination of
representatives.
A statement made by the Trial Examiner during the course of the
hearing indicates that the Union represents a substantial number of
employees in the unit alleged to be appropriate.4
We find that a question has arisen concerning the representation of
employees of the Company.
IV. TIIE 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, 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
The' Company and the Union stipulated at the hearing, and we
find, that all production and maintenance employees, excluding cleri-
cal and supervisory employees, constitute a unit appropriate for the
purposes of collective bargaining. We further find that said unit will
4 The Trial Examiner's statement shows that the Union presented 70 authorization-for-
representation cards ; that 66 of said cards bore the apparently genuine signatures of
persons whose names appeared on the pay roll of the Company for the week ending
September 18, 1941 ; that all the cards, excepting one which was dated in March 1941,
bore dates subsequent to June 1, 1941 , that the pay roll of the Company for the week
ending September 18, 1941, listed 117 employees in the unit alleged as appropriate
SERVICE PRODUCTS CORPORATION 377
insure to:`employees of 'the Company "the full benefit of their right to
self-organization and to collective bargaining and otherwise will effec-
tuate the policies of the Act. I , I . "
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by the holding of -an election by `secret
ballot. We shall direct that -the employees of the Company eligible
to vote in the election shall be those in the appropriate unit who were
employed during the pay-roll period immediately preceding the date
of the Direction of Election herein, subject to such limitations and
additions as are set forth in the Direction.
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 Service Products Corporation, Indianapolis,
Indiana, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the Act.
2. All production and maintenance employees of the Company, ex-
cluding clerical and supervisory employees, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the 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 Re-
lations 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 Service Products Corporation, Indianapolis, Indiana, 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 Director
for the Eleventh Region, acting in this matter as agent for the Na-
tional `Labor Relations Board, and subject to Article III, Section 9,
of said Rules and Regulations, among all production and maintenance
employees of Service Products Corporation, Indianapolis, Indiana,
who were employed during the pay-roll period immediately preceding
378 DECISIONS -OF NATIONAL LABOR: RELATIONS BOARD
the-date of this Direction, including employees, who did = not work
during such'pay-roll period because they were ill or on-'vacation or in
the active military service or training of the United States, or tempo-
rarily laid off, but excluding clerical and supervisory, employees and
those employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by United
Electrical, Radio & ,Machine Workers of America, Local No. 1003,
C. I. 0., for the purposes of collective- bargaining.