Solar Electric Corp.

National Labor Relations Board - Board Decisions

Apr 29, 1948

77 N.L.R.B. 414 (N.L.R.B. 1948)

In the Matter of SOLAR ELECTRIC CORPORATION, EMPLOYER and AGNE.4
1. FLASHER, PETITIONER
Case No. 6-RD-2.Decided April 26, 1948
Mr. Charles C. Hewitt, of Pittsburgh, Pa., for the Employer.
- Miss Agnes I. Flasher, of Warren, Pa., the Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition for decertification duly filed, hearing in this case
was held at Warren, Pennsylvania, on January 15, 1948, before W. G.
Stuart Sherman, hearing officer.' The hearing officer'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:
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Solar Electric Corporation Is a Delaware corporation engaged at
Warren, Pennsylvania, in the manufacture, sale, and distribution of
incandescent light bulbs. During the period from March 1 to Septem-
ber 1, 1947, the Employer purchased raw materials valued in excess of
$160,000, of which approximately 50 percent was obtained from sources
outside the Commonwealth of Pennsylvania. During the same period,
the Employer sold manufactured products valued in excess of $400,000,
of which approximately 95 percent was shipped to points outside the
Commonwealth of Pennsylvania.
The Employer admits and we find that it is engaged in commerce
within the meaning of the Act.
II. THE PARTIES INVOLVED
The Petitioner, an employee of the Employer, asserts that the Union
is no longer the representative of the Employer's employees, as de-
fined in Section 9 (a) of the Act.
1 Pursuant to the provisons of Section 3 (b) of the National Labor Relations Act, the
National Labor Relations Board has delegated its powers in connection with this case to a
three -man panel consisting of Chairman Herzog and Board Members Rei nolds and Murdock.
77 N. L. R. B., No. 67.
414
SOLAR ELECTRIC CORPORATION 415
The Union,2 a labor organization affiliated with the Congress of
Industrial Organizations, was established on January 9, 1946, in Case
No. 6-R-1300, as exclusive bargaining representative of the Em-
ployer's employees as a result of a consent election.
III. TIJE-QUESTION COIVCE1 KING REPRESENTATION
On January 9, 1946, following the consent election noted above, the
Union became the exclusive bargaining representative-of the Em-
ployer's production and maintenance workers. On May 27, 1946, the
Employer executed a collective bargaining agreement with the Union
for the term of 1 year. The termination date of the agreement was
subsequently extended to August 26, 1947. On or about November
15, 1947,.nearly 3 months after the expiration of the aforesaid agree-
ment, the Petitioner on behalf of herself and 35 other employees ad-
vised the Employer that the employees no longer wished the Union
to lepresent them for the purposes of collective bargaining. On No-
veiiiber 24, 1947, the Petitioner filed the instant petition.
We find that it question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) (7) of the Act.
1V. THE APPROPRIATE 'UNIT
We find that all production and maintenance employees of the Em-
ployer, excluding executives, monitors, engineers, technicians, drafts-
men, designers, office and clerical employees, and all supervisors,
guards, professional employees as defined in the amended Act, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.3
V. THE DETERMINATION OF REPRESENTATIVES
On September 3, 1947, the Employer's employees went out on strike.
From that time until the date of the hearing, the plant has been
picketed. Operations at the plant were resumed shortly after January
1, 1948. Although there were 83 employees in the unit when the strike
occurred, at time of the hearing there were only 47 employees, in-
cluding 18 new employees who, the Employer contends, have replaced
strikers. The Employer takes the position that the strikers who have
not returned to work should not be deemed eligible to vote in the elec-
tion, because it now has it full complement of employees and under
2 Although Union repfesentatives were present , they (lid not participate in the heat ing
'This is virtually the unit for which the Union was certified as bargaining representa-
tive The description has been changed ;lightly to conform with the provisions of the
amended Act.
416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
present business conditions, it does not anticipate hiring any more
employees.
For reasons indicated in an earlier case,' we shall direct an imme-
diate election, permitting all employees to participate who were em-
ployed during the pay-roll period immediately preceding the date of
this Direction. All persons hired since September 3, 1947, the date of
the strike, and all strikers shall be deemed presumptively eligible to
vote, subject to challenge .5 The challenged ballots shall not be counted
unless they affect the result of the election, in which case the question
as to which of these ballots shall be opened and counted will await a
further investigation concerning the employment status of the affected
individuals.
In the election which we shall direct, we shall place the naive of the
Union on the ballot, although it has not complied with the registration
and filing requirements of the Act, as amended. Under our policy, the
Union would be certified if it wins the election, provided that at the
time it is in compliance with Section 9 (f) and (h) of the Act. Absent
such compliance, the Board will only certify the arithmetical results
of the election.6
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Solar Electric Corporation,
Warren, Pennsylvania, 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 supervision of the Regional
Director for the Sixth Region, subject to Sections 203.61 and 203.62
of National Labor Relations Board Rules and Regulations-Series 5,
and to our determination in Section V, supra, among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed during the pay-roll period immediately preceding the date
of this Direction, including employees who were on strike at that time
4 Matter of Pipe Machinery Company, 76 N. L R B. 247
Nothing in this Direction should be construed as indicating that the Board has prejudged
in any respect any of the questions which may be drawn into issue by a challenge to the
eligibility of certain voters, including such questions as whether ( 1) a new employee is a
permanent replacement , ( 2) a striking employee has been validly replaced , or (3) any
employee 's position no longer exists by reason of its permanent discontinuance for economic
reasons. Matter of Longhorn Roofing Products , Inc, 67 N L. R B. 84; Matter of The
Pipe Machinery Company , 76 N L R. B. 247
4 Matter of Harris Foundry & Machine Company , 76 N. L. R. B. 118
SOLAR ELECTRIC CORPORATION 417
and employees who did not work during said pay-roll period because
they were ill 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,
to determine whether or not they desire to be represented by United
Electrical, Radio and Machine Workers of America, Local 633, for
.purposes of collective bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.