The American Coach & Body Co.

National Labor Relations Board - Board Decisions

Dec 12, 1940

28 N.L.R.B. 508 (N.L.R.B. 1940)

In the Matter of THE AMERICAN COACH & BODY Co. and INTERNA-
TIONAI. UNION, UNITED AUTOMOBILE WORKERS OF. AMERICA, LOCAL
755, (C. 1. 0.) .
Case No. R4176.-Decided December 12, 1940
Jurisdiction : maintenance and service equipment for public utility companies
and United States Coast Guard and Signal Corps manufacturing industry.
Investigation and Certification of Representatives : existence of question:
refusal to accord recognition to union ; contract terminable on 30 days' written
notice, no bar to ; election necessary.
Unit Appropriate for Collective Bargaining : all hourly paid production and
maintenance employees excluding supervisory and clerical employees.
Mr. James P. Miller, of Cleveland, Ohio, for the Company.
Mr. Richard E. Reisinger, of Cleveland, Ohio, for the United.
Mr. Coleman Claherty, of Cleveland, Ohio, for the Federal.
,Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 12, 1940, International Union, United Automobile
Workers of America, Local 755, (C. I. 0.),1 herein called the United,
filed with the Regional Director for the Eighth Region (Cleveland,
Ohio) a petition alleging that a 'question affecting commerce had
arisen concerning the representation of employees of The American
Coach & Body Co., Cleveland, Ohio, herein called the Company, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On November 26, 1940, 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.
Incorrectly designated in the formal papers as International Union, United Automobile
Workers of America (C. I. 0.). This was corrected by motion at the hearing.
28 N. L. R. B., No. 77.
508
THE AMERICAN COACH & BODY CO. 509
On November 26, 1940, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
United, and the United Automobile Workers Federal Labor Union,
No. 18671 (A. F. of L.), herein called the Federal, a labor organiza-
tion claiming to represent employees directly affected by the investi-
gation. Pursuant to notice, a hearing was held on December 2, 1940,
at Cleveland, Ohio, before Harry L. Lodish, the Trial Examiner
duly designated by the Board. The Company was represented by
counsel, the United and the Federal by their representatives; all
participated in the hearing. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on the
issues was afforded all parties. During the course of the hearing the
Trial Examiner made several rulings on motions and on objections 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
I. THE BUSINESS OF THE COMPANY
The American Coach & Body Co. is an Ohio corporation with its
principal office and plant at Cleveland, Ohio, where it is engaged
in the manufacture of maintenance and service equipment for public
utility companies, the United States Coast Guard, and the United
States Signal Corps. During the first 10 months of 1940, the Com-
pany purchased raw materials valued in excess of $300,000, approxi-
mately 10 per cent of which were shipped to it from points outside
the State of Ohio. During the same period, the Company sold
finished products valued at approximately $800,000, approximately
80 per cent of which were shipped by it to points outside of the State
of Ohio. Approximately 50 per cent of the total production by vol-
ume of the Company is sold by it to the United States Government.
The Company admits that it is engaged in interstate commerce
within the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile Workers of - America,
Local 755, is a labor organization affiliated with the Congress of
Industrial Organizations. It admits to membership all hourly paid
production and maintenance employees of the Company, excluding
supervisory and clerical employees.
United Automobile Workers Federal Labor Union, No. 18671, is
a labor organization affiliated with the American Federation of Labor,
510. DECISIONS OF NATIONAL LABOR RELATIONS BOARD
admitting to membership all hourly paid production and maintenance
employees of the Company, excluding supervisory and clerical
employees.
III. THE QUESTION CONCERNING REPRESENTATION
On December 30, 1938, the Company and the Federal entered into
a contract providing, among other things, for preferential hiring of
members of the Federal. This contract was to run until either party
thereto by 30 days' notice advised the other of a desire to terminate it.
No such notice has been given.
On November 11, 1940, the United wrote to the Company claiming
to represent a majority of its employees and requesting a conference
for the purposes of collective bargaining. On November 12, 1940,
the Company replied, stating that it was operating under a contract
with the Federal and that it intended to live up to the agreement
until such time as the Board certified another labor organization.
Inasmuch as the above contract is terminable upon 30 days' notice
by either party thereto, it is apparent that it does not constitute a
bar to a present determination of representatives herein.
A statement of a Field Examiner of the Board introduced in evidence
shows-that the United represents a substantial number of employees
in the alleged appropriate unit.z
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 And 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, the United, and the Federal agreed at the hearing
that the appropriate unit should consist of all hourly paid production
and maintenance employees of the Company, excluding supervisory
and clerical employees. We see no reason for departing from such unit.
2 The Field Examiner 's statement shows that 81 employees on the November 5, 1940, pay
roll of the Company have signed a petition authorizing the United to bargain for them.
There are approximately 1 90 employees in the alleged appro$riate unit. The Field
Examiner stated that no check was made of the Fedieral's representation among this em-
ployees inasmuch as there is in existence a contract between it and the Company.
THE AMERICAN COACH & BODY CO. 511
We find that all hourly paid production and maintenance employees
of, the Company, excluding supervisory and clerical employees, con-
stitute 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
We find that the question which has arisen concerning the representa-
tion of employees of the Company can best be resolved by an election
by secret ballot. The parties agreed at the hearing that, in the event
the Board directed an election , eligibility to vote should be determined
by the Company 's pay roll of November 29, 1940.
We find that the employees of the Company eligible to vote in the
election shall be those in the appropriate unit whose names appear on
the Company's pay roll of November 29, 1940, excluding those em-
ployees 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 The American Coach & Body Co., Cleveland,
Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the ' National Labor Relations Act.
2. All hourly paid production and maintenance employees of the
'Company, excluding supervisory and clerical 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-
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 The'-American Coach & Body Co., Cleveland, Ohio, an election
by secret ballot shall be conducted as soon as possible , but not later
than thirty ( 30) days from the date of this Direction , under the direc-
tion and supervision of the Regional Director for the Eighth Region,
acting in this matter as agent for the National Labor Relations Board,
512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and subject to Article III, Section 9, of said Rules and Regulations,
among all hourly paid production and maintenance employees of the
Company whose names appear on the Company's pay roll of November
29, 1940, excluding supervisory and clerical employees and employees
who have since quit or been discharged for cause, to determine whether
they desire to be represented by International Union, United Auto-
mobile Workers of America, Local 755, affiliated with the Congress
of Industrial Organizations, or by United Automobile Workers Fed-
eral Labor Union, No. 18671, affiliated with the American Federation
of Labor, for the purposes of collective bargaining, or by neither.
CHAIRMAN HARRY A. MILLIS took no part in the consideration of the
above Decision and Direction of Election.
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
January 14, 1941
On December 12, 1940, the National Labor Relations ' Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding. Pursuant to the Direction of Election,
ari election by secret ballot was conducted on December 23, 1940,
under the direction and supervision of the Regional Director for
the Eighth Region (Cleveland, Ohio). On December 26, 1940; the
'Regional Director, acting pursuant to Article III, Section 9, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, issued and duly served upon the parties an Election
Report on the ballot. No objections to the conduct of the ballot, or
the Election Report have been filed by any of the parties.
As to the balloting and,its results, the Regional Director reported
as follows :
Total number of employees eligible --------------- ----- ------ 190
Total number of ballots cast_________________________________ 174
Total number of votes cast for United Automobile Workers
Federal Labor Union No. 18671 (AFL) -------------------- 24
Total number of votes cast for International Union, United
Automobile Workers of America, Local 755 (CIO)________ 117
Total number of votes cast for neither______________________ 25
Total blank ballots______________ _________________________r 0
Total void ballots__________________________________________ 0
Total ballots challenged____________________________________ 8
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series
2, as amended,
THE AMERICAN COACH & BODY CO. 513
IT IS HERESY CERTmIED that International Union, United Auto-
mobile Workers of America, Local 755, affiliated with the Congress
of Industrial Organizations, has been designated and selected by a
majority of all hourly paid production and maintenance employees
of The American Coach & Body Co., Cleveland, Ohio, excluding
supervisory and clerical employees, as their representative, for,the
purposes of collective bargaining, and that, pursuant to Section 9
(a) of the Act, International Union, United Automobile Workers of
America, Local 755; affiliated with the Congress of Industrial Or-
ganizations, is the exclusive representative of all such employees for
the purposes of collective bargaining in respect to rates of pay,
wages, hours of employment, and other conditions of employment.
28 N. L. R. B., No. 77a