The Electric Auto-Lite Co.

National Labor Relations Board - Board Decisions

May 13, 1942

40 N.L.R.B. 1345 (N.L.R.B. 1942)

In_ the Matter of THE ELECTRIC AUTO-LITE COMPANY, BAY MANU-
FACTURING DIVISION and INTERNATIONAL UNION, UNITED AUTO-
MOBILE, AIRCRAFT, AND AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA, AFFILIATED WITH THE C. I. O.
Case No. R-3662.-Decided May 13, 1914
Jurisdiction : automobile equipment manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition without certification by the Board ;
members-only contract with local of petitioning union, no bar to; probationary
employees who had been in the employ of the Company for more than 90
days prior to lay-off held eligible to vote; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, including shipping, receiving, and warehouse employees, but exclud-
ing superintendents, foremen, assistant foremen, supervisors, office and clerical
employees, plant protection employees, and time-study men.
Mr. James P. Falvey, of Toledo, Ohio, for the Company.
Mr. Maurice Sugar, by Mr. Ned L. Smokier, of Detroit, Mich., for
the Union.
Miss Grace McEldowney, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Auto-
mobile, Aircraft, and Agricultural Implement Workers of America,
affiliated with the, C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of The Electric Auto-Lite Company, Bay Manufac-
turing Division,' Bay City, Michigan, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Harry N. Casselman, Trial Examiner.
3 Designated in the petition as "Bay Manufacturing Division of the Electric Auto Lite
Company."
40 N. L. R. B., No. 240.
1345
455.771-42-vol. 40--85
1346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Said hearing was held at Detroit, Michigan, on March 23, 1942. The
Company and the Union 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 Ex-
aminer's rulings, made at the hearing, are free from prejudicial error
and are hereby affirmed.
On April 10, 1942, the Company filed a brief which the Board has
duly considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Electric Auto-Lite Company is an Ohio corporation which
owns, operates, and maintains at Bay City, Michigan, a plant known
as Bay Manufacturing Division of The Electric Auto-Lite Company.
At this plant the Company is engaged in the manufacture of auto
horns, ignition parts, automotive bright work, plastic molded prod-
ucts, name plates, and etched metal products.
The principal raw materials used are copper, *brass, steel', and
molding compound. During 1941 the Company purchased, for. use
at the plant, raw materials valued at approximately $2,000,000, of
which" 66 percent were purchased outside the State of Michigan.
During the same period the Company sold finished products valued
at approximately $5,000,000, of which 40 percent were sold and de-
livered outside the State.
H. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft, and Agricul-
tural Implement Workers of America, is a labor organization affili-
ated with the Congress of Industrial Organizations. It admits to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
At the hearing, the parties stipulated that a question concerning
representation had arisen in that the Company refused to recognize
the Union or any union as the exclusive representative of its em-
ployees without certification by the Board. The parties further stip-
ulated that the Union represents a substantial number of employees
of the Company in the unit described in the petition, which, is sub-
stantially the same as the unit hereinafter found appropriate.
THE ELECTRIC AUTO-LITE COMPANY 1347:
At the present time the Company has a contract with Local No.
526 of the Union, covering its members only.2 Since this contract'
does not recognize the local as the exclusive bargaining agent of the
employees in the appropriate unit, it does not constitute a bar to the
present proceeding. S
. We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act. -
IV. THE APPROPRIATE UNIT
We' find, in accordance with a stipulation of the parties, that all
production and maintenance employees of the Company, including
shipping, receiving, and warehouse employees, but excluding super-
intendents, foremen,' assistant foremen, supervisors, office and clerical-
employees, plant protection employees, and time-study men, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
V. 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.
_ At the hearing the parties stipulated that a current pay roll should
be used to determine eligibility of employees to vote, but that em-
ployees temporarily laid off in 1941 and 1942 should also be eligible.
The parties did not agree, however, as to the eligibility of proba-
tionary I employees. Under the Company's existing contract with
Local No. 526 of the Union, seniority is determined on a departmental
basis and separately for male and female employees. For the first
12 months of their employment, employees are considered proba-
tionary, but after 30 days they acquire "preferential seniority status"
in regard to lay-off and recall within the group of new employees in
the department in which they are working.3 The Company main-
2 The Company has had such contracts with Local No. 520 of the Union since 1937
The present agreement was entered into on January 10, 1941, to run until April 1,
1942, with provision for automatic renewal for 12-month periods thereafter unless
notice of cancelation was given by either party at least 30 days before the expiration
date. There is no indication in the record that such notice was given prior to April 1,
1942
2 The pertinent section of the contract is as follows
SECTION 7 Employees hired after October 10, 1940, shall be regarded as proba-
tionary employees for the first twelve ( 12) months of their employment. There
shall be no responsibility for the discharge or re-employment of such probationary
employees if they are discharged or laid off ninety ( 90) days after their original
hiring, providing that such new employees after thirty ( 30) days from hiring shall
1348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tains two seniority lists : a master list of employees who have been
employed over 1 year, and a probationary seniority list of employees
who have been employed less than a year but more than 30 days.
In recalling employees the Company takes first those on the master list
for the department where help is needed, then employees with estab-
lished seniority in other departments who have agreed to transfer,
and lastly employees on the probationary seniority list in the de-
partment involved. The Company is not required to recall employees
who have been employed 90 days or less if it does not consider them
suited for employment.
The Company contends that probationary employees, whether now
working or laid off, should not vote in any election that is ordered.
We see no reason for denying to any employees in the unit who are
now working an opportunity to participate in the selection of their
bargaining representatives because of their seniority status. With
respect to probationary employees who have been laid off, the Com-
pany's position is that they should not vote because few, if any, such
employees will be reemployed. The Union contends that proba-
tionary employees, as well as all other employees temporarily laid
off in 1941 and 1942, should be permitted to vote.
Prior to 1941 there were between 600 and 1,000 employees at the
-plant, depending on the season. In 1941 the number rose to a peak
of 1,400 or 1,500 in October, and then declined until the time of the
hearing, when there were only 300 or 400 employees at work. Be-
cause of Government contracts, an increase in employment is expected
during 1942, with a probable maximum of 800 or 1,000 employees.4
At the present time there are between 800 and 1,000 names on the
master list, and 400 or 500 on the probationary seniority list. Thus
the total number to be employed, including those now working, will
be approximately equal to the number on the master list. Although
some employees on the master list will not be available because of
military service or other reasons, the Company contends, as stated
above, that few employees on the probationary list will be recalled.
be given the opportunity of presenting any grievances in due form thru the Executive
Shop Committee in which cases , however , the decision of the Plant Manager shall be
final . After twelve ( 12) months accumulative employment in one department, the
names of such employees shall be placed on the seniority list for that department,
seniority starting from the date of first employment . However, after thirty ( 30) days
such new employees shall attain a preferential seniority status, as regard to lay
off and recall , within the department in which they are working.
4 Although the Company admits that its plant has a capacity for employing more than
1,000 employees , and that with that number approximately one-third of the plant
facilities will be idle, it contends that the number of employees is limited by the available
supervisory personnel and machine tools. The general manager admitted that the estimate
would have to be increased if the Company obtained contracts permitting the use of
approximately 100,000 square feet of floor space on which it is not counting, including
the bright-work department , the tenite-molding department , and the fancy-painting
department.
THE ELECTRIC AUTO-CITE COMPANY 1349
The reason given, insofar its the male -employees are concerned, is
-that a larger proportion of women will be employed under the defense
program than in the ps.st, and that in consequence no additional
men will be needed.5 Additional women will be hired, but will 'have
to be specially selected and trained for the type of work to be per-
formed under the defense program. Women on 'the probationary list
will probably be given an opportunity to be tested for such employ-
ment , but since the selection has not yet been made, the 'Company
-takes the position that no probationary women should be permitted
,to vote.
Since it appears from the facts given above that probationary
employees with over 30 days' employment, although now laid off, have
established certain seniority rights in the plant, and that some of them
will probably be employed under the defense program, we see no
reason for depriving all such employees of an opportunity to 'vote.
However, in view of the different character of the work to be 'per-
formed in the future, and the fact that under the existing contract
the Company's decision as to suitability for employment is final in
the case of employees who have 90 days' seniority or less, we shall
exclude from the group of eligible voters those employees laid off
in 1941 and 1942 who had previously been employed by the Company
for not more than 90 days.
We shall direct that, subject to the limitations and additions set
forth in the Direction, the employees of the Company eligible to vote
in the election shall be all those in the appropriate unit who were
employed during the pay-roll period immediately preceding the date
of the Direction of Election herein, or who were laid off in 1941
and 1942 but had previously been employed by the Company for
more than 90 days.
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 to ascertain representa-
tives for the purposes of collective bargaining with The Electric
Auto-Lite Company, Bay Manufacturing Division, Bay City, Michi-
gan, an election by secret ballot shall be conducted as early as pos-
6 The Company expects the ratio of women to men under the new program to be ap-
proximately 65 to 35 Approximately 50 percent of the employees on the master list, and
25 to 35 percent of those on the probationary list, are women.
1350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sible, but not later than thirty (30) days from the date of this
Direction, under the direction and supervision of the Regional Di-
rector for the Seventh Region, acting in this matter as agent for the
National Labor Relations Board and subject to Article III, Section 9,
of said Rules and Regulations, among all the employees in the unit
found appropriate in Section IV, above, who were employed by the
Company during the pay-roll period immediately preceding the date
of this Direction, or who were laid off in 1941 and 1942 but had previ-
ously been employed by the Company for more than 90 days, includ-
ing 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, but excluding employees who have
since quit or been discharged for cause, to determine whether or not
they desire to be represented by International Union, United Auto-
mobile, Aircraft, and Agricultural Implement Workers of America,
affiliated with the C. I. 0., for the purposes of collective bargaining.