The Belmont Stamping & Enameling Co.

National Labor Relations Board - Board Decisions

Mar 20, 1936

1 N.L.R.B. 378 (N.L.R.B. 1936)

In the Matter of THE BELMONT STAMPING & ENAMELING COMPANY,
A CORPORATION and STAMPING & ENAMELING WORKERS FEDERAL
LABOR UNION No. 18816
Case No. R-933.-Decided March 20, 1936
Stamping and Enaoneling Industry-Unit App' oprtate for Collective Bar-
gaimng: production and maintenance employees-Election Ordered : question
Effecting commerce : prior strike caused by employer's refusal to recognize
representatives-controversy concerning representation of employees : majority
status disputed by employer-agreement for conduct of-Certification of
Representatvwes.
Mr. Harry L. Lodish for the Board.
Wilkin, Fisher cC Limbach, by Judge Robert N. Wilkin and Mr.
V. A. Fisher, of New Philadelphia, Ohio, for the Company.
Mr. W. H. Wilson, of Akron, Ohio, for the Union.
Mr. Stanley S. Surrey, of counsel to the Board.
DECISION
STATEMENT OF CASE
In November, 1935 Stamping and Enameling Workers Federal
Labor Union No. 18816, hereinafter referred to as the union, peti-
tioned the National Labor Relations Board for an investigation and
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, approved July 5, 1935. The petition
stated that the union' represented 280 production employees out of a
bargaining unit of approximately 316 employees of that character
employed by the Belmont Stamping & Enameling Company, New
Philadelphia, Ohio, hereinafter called the company, that the com-
pany had refused to recognize the union as the exclusive representa-
tive of the employees in that unit, and that such failure gave rise
to a question affecting commerce concerning the representation of
the employees in the unit. On February 4, 1936, the National Labor
Relations Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3 of National Labor Relations Board Rules
and Regulations-Series 1, authorized the Regional Director for the
Eighth Region to conduct an investigation and to provide for an
appropriate hearing upon due notice. Pursuant to such authoriza-
378
DECISIONS AND ORDERS 379
tion notice of hearing was issued by the Regional Director on
February 7, 1936 and duly served upon the parties.
On February 20, 1936 a hearing was held at New Philadelphia,
Ohio, by Saul S. Danaceau, the Trial Examiner designated by the
Board, and testimony was taken. Full opportunity to be heard,
to examine and to cross-examine witnesses and to introduce evi-
dence bearing upon the issues was afforded to the parties. With
the exception of the testimony of the Secretary of the company,
which was uncontradicted, the evidence introduced consisted of stip-
ulated facts and documentary evidence. The company objected to
the proceedings upon constitutional grounds but participated in the
hearing without waiving its rights under said objections.
Upon the record in the case, the stenographic transcript of the
hearing, and all the evidence, including oral testimony, documents
and other evidence offered and received at the hearing, the Board
makes the following :
FINDINGS OF FACT
1. The Belmont Stamping & Enameling Company, an Ohio corpo-
ration with its principal office and only plant at New Philadelphia,
Ohio, is engaged at said plant in the purchase of raw materials and
the manufacture, sale and distribution of kitchen enamel ware.
2. The processes of manufacture at its plant consist of the shaping
of the raw sheet steel into the various forms of the products, such as
kettles, pots, pans, etc., and the enameling, burning and cleaning
of these products.
3. The company for the year 1935 purchased $369,071.32 worth
of raw materials. 871/2 per cent of these raw materials came from
the State of Ohio while the remainder was shipped into the State
of Ohio, principally from Pennsylvania, Indiana, California and
Michigan. The raw materials are delivered by truck and rail, the
Pennsylvania Railroad Company having two sidings at the com-
pany's plant. Most of the purchases are made pursuant to contracts
entered into at the company's plant.
4. The manufactured products of the company are sold through
sales agents representing the company on a commission basis. These
agents are located in New York, Chicago, Boston, Detroit, Cincin-
nati and San Francisco. In 1935 the company's sales were
$750,999.76. 97 per cent of the products sold were transported,
mainly by rail, to points outside of the State of Ohio for use or
resale. In all, the company's products are marketed by it in 36 states
other than the State of Ohio. Since many of the sales are made to
wholesale houses and national low price chain stores, the products
are resold in some cases on a national scale. The company has a
380 NATIONAL LABOR RELATIONS BOARD
.small export trade. All of the shipments are f. o. b. New Philadel-
phia. While the company has no registered trademarks, it does •use
several labels on its products.
5. The aforesaid operations constitute a continuous flow of trade,
,traffic and commerce among the several States.
6. The Stamping & Enameling Workers Federal Labor Union
No. 18816 is a labor organization. In the summer of 1934 the com-
pany due to a decrease in business put a lay-off into effect. Four
-days later the union voted to strike, the action being taken to obtain a
wage increase and recognition of the union. As a result of the
strike the plant was completely closed and no products were trans-
ported, with the exception of approximately eight carloads which
were moved pursuant to an agreement with the union. After several
abortive attempts at a settlement, the strike was settled on July 7,
1934 and a "working agreement" became effective.
7. On April 27, 1935 an agreement was concluded between -the
company and a " committee representing certain of its employees ",
said committee in fact constituting the representatives of the union
although not so described in the agreement.
B. =Later in 1935 after the passage of the National Labor Relations
.Act an agreement was proposed by the union to be entered into
between the company and the union designated as such. The com-
-pany rejected this and proposed an agreement between it and a
4 committee representing certain of its employees " but refused to
recognize said committee as a union committee. The union insisted
that it be recognized as the representative of all of the employees in
the plant and that an agreement be concluded on that basis. The
company has persistently refused to enter into such an agreement, so
that there was no agreement between the company and the union
,in existence at the time of the hearing.
9.,It is agreed by the company and the union that the production
and maintenance employees, excepting clerical employees, foremen
and other supervisory employees, constitute a unit appropriate for
the purposes of collective bargaining, and no question is raised con-
cerning said unit. The total number of employees, in said unit is
approximately 316.
10. At the hearing the union presented 230 cards recently signed
by employees in said unit authorizing the union to represent the
signatories in collective bargaining with the company. The com-
pany refuses to recognize that said cards indicate that a majority
.,of the employees in said unit desire the union so to represent them,
and contends that many of the signatures were obtained by coercion
and compulsion.
11. By reason of the disputes described above a question concern-
ing the representation of the employees in said unit has arisen.
DECISIONS AND ORDERS 381
Such question has led and tends to lead to labor disputes burdening
and obstructing commerce and the free'flow of commerce.
12. The question concerning representation can be settled by an
election conducted by the Board in accordance with Section 9(c) of
the Act. The Direction of Election in this case embodies the terms
of a stipulation entered into at the hearing.
CONCLUSIONS OF LAW
Upon the basis of the above findings, the following conclusions of
law are made by the Board :
1. The production and maintenance employees of the Belmont
Stamping & Enameling Company, with the exclusion of clerical
employees, foremen and other -supervisory employees, constitute a
unit appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
2. A question affecting commerce has arisen concerning the repre-
sentation of the employees in the unit above described, within the
meaning of Section 9(c) 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 1, it is hereby '
DIRECTED , as part of the investigation authorized by the Board,
that an election by secret ballot shall be conducted within ten (10)
days from the date of this Direction of Election under the direction
and supervision of Ralph A. Lind, Regional Director for the Eighth
Region, acting in this matter as the agent of the National Labor
Relations Board and subject to Article III, Section 9 of said Rules
and, Regulations , among the production and maintenance employees
of the Belmont Stamping & Enameling Company on the payroll
of the company on February 8, 1936 excluding clerical employees,
foremen , and other supervisory employees , and those employees who
have resigned or have been discharged for good cause between Feb-
ruary 8, 1936 and the date of election , to determine whether or not
they desire to be represented for the purposes of collective bargain-
ing by Stamping & Enameling Workers Federal Labor Union No.
18816.
MR. SMITH took no part in the consideration of the above Decision
and Direction of Election.
382 NATIONAL LABOR RELATIONS BOARD
[SAME TITLE]
AMENDED DIRECTION OF ELECTION
March 31, 1936
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 1, it is hereby
DIRECTED, as. part of the investigation authorized by the Board,
that an election by secret ballot shall be conducted on April 13, 1936
under the direction and supervision of Ralph A. Lind, Regional
Director for the Eighth Region, acting in this matter as the agent
of the National Labor Relations Board and subject to Article III,
Section 9 of said Rules and Regulations, among the production and
maintenance employees of the Belmont Stamping & Enameling Com-
pany on the payroll of the company on February 8, 1936 excluding
clerical employees, foremen and other supervisory employees, and
those' employees who have resigned or have been discharged for good
cause between February 8, 1936 and the above date of election, to
determine whether or not they desire to be represented for the pur-
poses of collective bargaining by Stamping & Enameling Workers
Federal Labor Union No. 18816.
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
May 6, 1936
A petition for an investigation and certification of representatives
pursuant to Section 9 (c) of the National Labor Relations Act, ap-
proved July 5, 1935, was filed in November, 1935 with the Regional
Director for the Eighth Region by Stamping & Enameling Workers
Federal Labor Union No. 18816, said petition alleging that a ques-
tion affecting commerce had arisen concerning the representation of
the employees of the Belmont Stamping & Enameling Company, New
Philadelphia, Ohio.- The National Labor Relations Board on Febru-
ary 4, 1936, acting pursuant to Section 9 (c) of the Act and Article
III, Section 3 of National Labor Relations Board Rules and Regu-
lations-Series 1, authorized the Regional Director for the Eighth
Region to conduct an investigation and to provide for an appropri-
ate hearing upon due notice. Pursuant to such authorization, notice
of hearing was duly issued and served by the Regional Director and
DECISIONS AND ORDERS 383
on February 20, 1936, a hearing was held at New Philadelphia, Ohio,
by Saul S. Danaceau, the Trial Examiner designated by the Board.
After said hearing and upon the full record in the case, the Na-
tional Labor Relations Board issued its Direction of Election dated
March 20, 1936, which Direction was thereafter amended on March
31, 1936. Pursuant to the Amended Direction, an election by secret
ballot was conducted by the Regional Director on April 11, 1936
among the production and maintenance employees of the Belmont
Stamping & Enameling Company on the payroll of the Company on
February 8, 1936, excluding clerical employees, foremen and other
supervisory employees, said election being held in accordance with
Article III, Section 9 of said Rules and Regulations. Thereafter
the Regional Director prepared and served upon the parties to the
proceeding his Intermediate Report in which he found that a ma-
jority of the employees eligible to vote in said election had selected
Stamping & Enameling Workers Federal Labor Union No. 18816 to
represent them for the purposes of collective bargaining with the
Belmont Stamping & Enameling Company.
Now THEREFORE, by virtue of and pursuant to the power vested in
the- National Labor Relations Board by Section 9 (c) of the National
Labor Relations Act and pursuant to Article III, Section 8 of the
National Labor Relations Board Rules and Regulations-Series 1,
as amended,
IT IS HEREBY CERTIFIED that Stamping & Enameling Workers Fed-
eral Labor Union No. 18816 has been selected by a majority of the
production and maintenance employees of the Belmont Stamping &
Enameling Company as their representative for the purposes of
collective bargaining with said Company, and that pursuant to Sec-
tion 9 (a) of the Act, Stamping & Enameling Workers Federal Labor
Union No. 18816 is the exclusive representative of all such produc-
tion and maintenance employees for the purposes of collection bar-
gaining with respect to rates of pay, wages, hours of employment
and other conditions of employment.