The Belmont Products Co.

National Labor Relations Board - Board Decisions

Jul 15, 1942

42 N.L.R.B. 485 (N.L.R.B. 1942)

In the Matter of THE BELMONT PRODUCTS COMPANY and AMERICAN
FEDERATION OF LABOR
Case No. R-3981.Deczded July 16, 1942
Jurisdiction . tile manufacturing industry
Investigation and Certification of Representatives - existence of question re-
fusal to accord recognition to eithei of competing unions until certified by the
Board, current past oil directed to be used to deter mine eligibility despite unions'-
desire that eligibility be determined as of the date of filing of petition, election
necessary
Unit Appropriate for Collective Bargaining - all employees at Company's Toledo,
Ohio, plant, excluding supetvsoiy and office employees, stipulation as to
Mr. Rainey Donovan, for the Board
Mr. Edward H. Draheim, of Toledo. Ohio, for the Company
Mr William F Stun, of Toledo, Ohio, for the A F. of L.
Mr. Carl C Schmidt, of Toledo, Ohio, for the United.
Mr David Karasick, of counsel to the Board
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by American Federation of Labor, herein
called the A F of L, alleging that a question affecting commerce had
arisen concerning the representation of employees of The Belmont
Products Company, Toledo, Oliio, herein called the Company, the
National Labor Relations Board, herein called the Board, provided for
an appropriate hearing upon due notice before J. J Fitzpatrick;`Trial
Examiner Said hearing was held at Toledo, Ohio, on June 24, 1942.
The Board, the Company, the A F of L, and United Construction
`Yorkers Division of District 50, U M W. A, CIO, herein called
the United, appeared, 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 erroi and are hereby affirmed.
Upon the entire record in the case, the Board makes the following.
42 N L R B, No 100
485
486 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
The Belmont Products Company, an Ohio corporation, which-main-
tains its principal place of business and office at Toledo, Ohio, is en-
gaged in the manufacture of flooring tile used principally in United
States naval vessels All of its principal raw materials, valued at
$15,000 annually, are obtained from States other than the State of
Ohio Ninety-nine per cent of the Company's finished products, which
are valued at approximately $45,000 annually, are shipped to States
other than the State of Ohio
II THE ORGANIZATIONS INVOLVED
American Federation of Labor, and United Consti uction Workers
Division of District 50, United Mine Workers of Ameilca, affiliated
with the Congress of Industrial Organizations, are labor organizations,
each of which admits to membership employees of the Company
III THE QUESTION CONCERNING REPRESENTATION
The Company will not recognize or bargain with either the A F
of L or the United unless one of them is certified by the Board
A statement of the Field Examiner introduced in evidence at the
hearing shows that the A F of L and the United each represents a
substantial number of employees in the unit hereinafter found appro-
priate 1
1 The Field Examiner reported that the A F of L submitted 45 application cards, all
bearing genuine signatures, of which 39 were dated between March 26 and 29, 1942, and 6
undated , and that the United submitted 24 designation cards, all of which bore genuine
signatures and were dated between March 23 and 26, 1942 The Field Exiininei further
reported that the Company submitted 2 pay rolls, one dated May 20, 1942, and the other
dated June 1, 1942 , that on May 20, 1942, the plant of the Company was not in operation
but the pay roll of that date listed the employees who had temporarily been laid off and
whom 'the Company stated would probably be c'illed upon resumption of opeiitions The
Company's pay roll of May 20, 1942 showed a total of 29 production employees, 8 of whom
were working on that date, and 21 of whom were listed as temporarily laid off Of the 45
membership application cards submitted by the A F of L , the names appearing on 20 of
these cards also appeared on the pay ion of the Company of May 20, 1942, and of the 24
designation cards submitted b} the United, the names appearing on 6 of the cards also
appeared on the pay roll of the Company of that date Five of the A F of L and United
cards were duplicates On June 1, 1942, the Company had resumed.operations and its pay
roll of that date showed a total of 14 production employees Of the 4;, membership apph-
cation cards of the A F of L , the names of 10 of the signers appeared on the pay, roll of the
Company for June 1, 1942, and of the 24 designation cards of the United, the n'ime of 1
signer appeared on the pay roll of that date The person who had signed the United card
had also signed a membership application card of the A F of L The cards submitted to the
Field Examiner by the United as proof of its claim of representation designated the "United
Construction Workers Organizing Committee, C I 0 ," herein called the Committee, as bar-
gaining agent Notice of hearing was served upon the Committee and its representative
appeared at the hearing and testified that the United Construction Workers Divis.on of
ii
THE BELNIONT PRODUCTS COMPANY 487
We find that a question affecting commerce has allsen concelmug the
representation of employees of the Company within the meaning of
Section 9 (c) and Section 2 (6) and- (7) of the National Labor Rela-
tions Act.
IV THE APPROPRIATE UNIT
In accordance with a stipulation of the patties, we find that all
employees of the Company at its Toledo, Ohio, plant, excluding supei -
visory and office employees, constitute a' unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9. (b) of
the Act
V THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning repiesentation which has allsen
can best be resolved-by an election by secret ballot The A. F. of L
requested that eligibility to vote be deteimined as of the date of its
petition which was filed Apiil 1, 1942, and the United stated-that it
had no objection to that eligibility date. The Field Examiner's state-
ment as noted in the margin 2 shows that the plant was not in open ation
on May 20, 1942, but the record does not show when operations ceased
and when, prior to June 1, 1942, operations weie resumed The Com-
pany takes the position that a current pay roll should be used because
of the large turnover of employees The president of the Company
testified that he expected an increase in business in the next 60 or 90
days, but that he could not estimate the extent of such an increase, and
he further testified that the Company contemplates I ecalling all its
old employees at such time, as its business may be increased Under
these circumstances, -%1 e shall diiect that the employees of the Com-
pany eligible to vote in the election shall be those in the appi opi late
unit who were employed during the pay-loll period immediately pre-
ceding the date of the Diiection of Election herein, including those
employees who weie not working but weie temporarily laid off at the
time the Company ceased operations on or befoie May 20, 1942, sub-
ject to the limitations and additions set forth in the Diiection,
District 50, United Mine Woikers of Ameilca , affiliated with the Congress of Industrial
01 ganvations , had become the successor of the Committee , that all the members , personnel,
officers, and finances of the Committee had been taken over by the United , that new cards
designating the United rather than the Committee as bargaining agent had not yet been
signed , and that application for a charter from the United had been made and that a charter
had been granted but had not yet been received We find that the United has made q suffi-
cient showing of interest to participate in this proceeding we are not here concerned, nor
do we make any finding , with respect to the question whether or not the status of the
United is that of successor to the Committee
2 See footnote 1, supra
488
ci
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Laboi Relations Act,
and pursuant to Aiticle 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 oidered by the Board to
ascertain representatives for the purposes of collective bargaining with
The Belmont Products Company,' Toledo, Ohio, 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, undei the diiec-
tion and supervision of the Regional Director for the Eighth Region,
acting in this matter as agent for the National Labor Relations Boaid
and subject to Article III, Section 9, of said Rules and Regulations,
among the employees in the unit found appropriate in Section IV
above, who were employed at the Company's Toledo, Ohio, plant dur-
ing the pay-roll period immediately pieceding the date of this Direc-
tion, including any such employees who did not work dining said
pay-roll-period because they were ill or on vacation or in the active mili-
tary service or training of the United States, or temporarily laid off,
and also including employees who did not woik but were temporarily
laid off upon cessation of the Company's opeiations on or before May
20, 1942, but excluding any who have since quit or been discharged for
cause, to determine whether they desire to be represented by American
Federation of Labor, or by United Construction Workers Division of
District 50, United Mine Workers of America, affiliated with the Con-
gress of Industrial Organizations, for the purposes of collective bar-
gaining, or by neither
MR GERARD D REILLY took no part in the consideration of the above
Decision and Direction of Election