The Electric Auto-Lite Company

National Labor Relations Board - Board Decisions

Dec 15, 1938

10 N.L.R.B. 665 (N.L.R.B. 1938)

In the Matter of THE ELECTRIC AUTO-LITE COMPANY and INTERNA-
TIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA No. 12
Case No. R--650
SECOND AMENDMENT TO DECISION
AMENDED CERTIFICATION OF REPRESENTATIVES
SUPPLEMENTAL DECISION
CERTIFICATION OF REPRESENTATIVES
AND
ORDER,
December 15, 1938
On October 11, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision, Certification of Representatives,
and Direction of Elections 1 in the above-entitled proceedings. On
October 20, 1938, the Board issued an Amendment to Decision, Cer-
tification of Representatives and Direction of Elections.' In its De-
cision, as amended, the Board certified the Mechanics Educational
Society of America, herein called the M. E. S. A., as the exclusive
representative for the purposes of collective bargaining of all the
employees of departments 40, 140, 49, 149, 52, and 39 of The Electric
Auto-Lite Company, Toledo, Ohio, herein called the Company.
In its Decision, as amended, the Board provided that elections by
secret ballot be conducted within fifteen (15) clays from the date of
the Direction, under the supervision of the Regional Director for
the Eighth Region, among those employees of The Electric Auto-
Lite Company who fell within the groups described below :
(a) Those employed in the office of the Company during the
payroll period next preceding the date of this Direction, includ
ing all stenographers, typists, clerks, file clerks, comptometer
operators, and clerical assistants, but excluding executives, their
confidential clerks and secretaries, supervisors with authority
19 N. L. R. B. 147.
2 9 N. L. R. B. 158.
10 N. L . R. B., No. 51.
665
666 NATIONAL LABOR RELATIONS BOARD
to hire and discharge, professional employees, experts and spe-
cialists, purchasing agents in the purchasing department, the
assistant sales manager, the promotion and assistant promotion
manager and complaint service clerk in the merchandising de-
partment, all the employees in,the production department, the
lawyers in the legal department, the engineers in the service
department, the credit managers in the credit and collection
department, the assistant production engineer and the methods
efficiency men in the methods department, the traffic manager
and assistant traffic manager in the traffic department, the effi-
ciency engineers in the time study department, nurses, manual
employees associated with office departments, and employees of
the service department whose work is done in the field, to deter-
mine whether or not they desire to be represented by United
Automobile Workers of America, No. 12, affiliated with the
Committee for Industrial Organization, for the purposes of
collective bargaining;
(b) Those who were on the seniority list of the Company,
dated March 17, 1938, engaged in pattern making, except those
who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by the Pattern
Makers Association of Toledo, Ohio, affiliated with the American
Federation of Labor, for the purposes of collective bargaining;
(c) All other employees engaged in production, and non-pro-
duction factory employees, including factory clerks and checkers
and manual employees attached to the office of the Company, who
were on the seniority list of the Company, dated March 17, 1938,
except pattern makers, foremen, assistant foremen, supervisors
with authority to hire or discharge, those employees employed in
departments 40, 140, 49, 149, 52, and 39, and those who have
since quit or been discharged for cause, to determine whether or
not they desire to be represented by United Automobile Workers
of America, No. 12, affiliated with Committee for Industrial
Organization for the purposes of collective bargaining.
Thereafter, the M. E. S. A. and the Company filed objections to the
Board's Decision, Certification of Representatives, and Direction of
Elections.
AMENDMENT TO DECISION
1. THE CLAIM OF THE M. E. S. A.
The M. E. S. A. in its objections contended that tool inspectors
in department 36-a should be included in the bargaining unit made
up of the tool and die workers and machine repairmen of depart-
ments 40, 140, 49, 149, 52, and 39, which the Board found constituted
DECISIONS AND ORDERS 667
an appropriate unit for the purposes of collective bargaining. The
M. E. S. A. pointed out that because of an oversight, it had failed
to request that the tool inspectors be included in the unit. The
Board permitted all the parties to submit briefs upon the question
of whether the tool inspectors should be included in the unit urged
by, the M. E. S. A. International Union, United Automobile Work-
ers of America No. 12, herein called the United, and the M. E. S. A.
filed briefs. The ballots of the tool inspectors were segregated at
the election referred to below and appear as challenged ballots in
the results of the balloting reported by the Regional Director.
In its Decision, as amended, the Board said, "At the hearing the
M. E. S. A. contended that the tool inspectors who make up de-
partment 36-a should be included in the unit it alleged to be appro-
priate. This contention was later dropped in the brief filed by the
M. E. S. A. We, therefore, do not consider such contention." Upon
reconsideration, it appears that the tool inspectors should be in-
cluded in the appropriate unit of tool and die workers and machine
repairmen urged by the M. E. S. A. The tool inspectors are highly
skilled workers who have served the same apprenticeship as other
tool and die workers. They appear to be more highly skilled than the
tool and die workers, since it requires 6 years to become a tool in-
spector. The tool inspectors are a part of the craft of tool and die
workers and the M. E. S. A. has bargained on their behalf. Their in-
clusion in the unit does not affect the majority of the M. E. S. A. in
that unit .8
The M. E. S. A. also requested that foremen, assistant foremen,
and supervisors with authority to hire and discharge, except working
foremen, be excluded from the bargaining unit. A stipulation pro-
viding for such exclusion has been entered into by the Company, the
M. E. S. A. and a representative of the Board and has been filed with
the Board. The stipulation is hereby approved and since the ex-
clusion of these supervisory employees will not destroy the majority
of the M. E. S. A. in the unit, we shall amend the Certification of
Representatives accordingly.
We accordingly amend our Decision with respect to the unit
claimed by the M. E. S. A. and we find that the employees, hiclud-
ing working foremen, in departments 40, 140, 49, 149, 52, 39, and 36-a,
except foremen, assistant foremen, and supervisors with authority
to hire or discharge, constitute 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.
2 There are six tool inspectors in the unit.
668 NATIONAL LABOR RELATIONS BOARD
II. THE WATCHIMIEN
The Company in its objections petitioned that the watchmen or
company policemen be excluded from the unit of production and
nonproduction factory employees claimed as appropriate by the
United and described in Section V, subsection C, of the Board's De-
cision and that the watchmen be held to constitute a separate unit.
The ballots cast by the watchmen were segregated at the election
referred to below and appear in the results of the balloting reported
by the Regional Director as protested ballots. The parties were per-
mitted to file briefs with respect to the Company's petition. Briefs
were filed by the Company and the United.
We' have considered the briefs filed by the parties and find no
merit in the contention of the Company that the watchmen be ex-
cluded from the industrial unit and that they constitute a separate
appropriate unit. In so finding, we depart from our decision in the
Bendix case 4 upon which the Company relies in support of its con-
tentions . We shall therefore dismiss the petition of the Company.&
THE CONDIICT OF THE ELECTIONS
In its Decision, the Board made no final determination as to the
appropriate unit for the purposes of collective bargaining with the
Company, except with respect to tool and die workers and machine
repairmen and pattern makers. The United had contended that all
the factory workers, production and non-production, and office work-
ers, with certain exceptions, constituted a single appropriate unit.
The Company contended, however, that the office workers constituted
a separate appropriate unit. The Board stated that since either
contention could be sustained, it would direct a separate election to
be held for the office workers and would decide the issue on the basis
of, the preference indicated by the employees in the election. It
therefore directed that an election by secret ballot be held among the
Company's, office workers to determine whether they desired to be
represented by the United for the purposes of collective bargaining.
The Board stated "If a majority of the office employees determine
that they desire to be represented by the United for the purposes of
collective bargaining, they will be,included in the unit contended for
by the United." 6
Pursuant to the Direction, as amended, described above, elections
by secret ballot were conducted on October 25, 1938, at Toledo, Ohio,
under the direction and supervision of the Regional Director for the
* Matter of Bendix Products Corporation and International Union, United Automobile
Workers of America, Bendix Local No 9, 3, N L R B 682.
e See Matter of Shell Petroleum Corporation and Oil Workers International Union, Local
No 367, 9 ' N L. R B. 831; Matter of Wings Overland Motors , Inc and International
Union, United Automobile Workers of America , Local No 12 , 9 N L R B 924.
See Section V, subsection C 2, of the Decision , as amended.
DECISIONS AND ORDERS 669
Eighth Region (Cleveland, Ohio). On October 29, 1938, the Regional
Director, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulation's-Series 1, as amended, issued
and duly served upon the parties his .Intermediate Report on the
secret ballot. • No objections or exceptions to the Intermediate Report
have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
(a) Among the group of employees listed in paragraph (a) of the
-Direction :
Total number of employees eligible________________________ 209
Total number of votes cast________________________________ 208
Total number of votes for United Automobile Workers of
America, Local #12 (C. 1 0.) -------------------------- 47
Total number of votes against the United Automobile Work-
ers of America, Local #12 (C. I. 0 ) -------------- I ------ 159
Total number of void ballots_____________________________ ' 0
Total number of blank ballots____________________________ 1
Total number of challenged votes_________________________ 1
(b) Among the group of employees listed in paragraph (b) of
the Direction :
Total number of employees eligible_______________________ 6
Total number of votes cast_______________________________ 6
Total number of votes for Pattern Makers Association of
Toledo, Ohio (A. F. of L.)------ ------------------------- 6
Total number of votes against Pattern Makers Association of
Toledo, Ohio (A. F. of L )______________________________, 0
Total number of void ballots_____________________________ 0
Total number of blank ballots ------------------------- 0
'Total number of challenged votes__________________________ 0
(c) Among the group of employees listed in paragraph (c) of
the Direction : -
Total number of employees eligible_______________________ 4,696
Total number of votes cast_______________________________ 3,001
Total number of votes for United Automobile Workers of
America, ,Local #12 (C. I: 0.) ________________________ 2,749.
Total number of votes against -United Automobile Workers
of America, Local #12 (C. I. 0.) ------------------ I --- 218
Total number of void ballots______________________________ 7
Total number'of blank ballots_____________________________ 5
Total' number' of challenged ballots_______________________ 22
-'Since the tool inspectors and watchmen's ballots are' in 'the num-
ber of challenged ballots in paragraph (C) above, it is apparent that
their ballots would not affect the results of the election. ,
Upon the basis of the entire record the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
We find that all the production and non-production factory em-
ployees, 'including factory clerks and checkers, watchmen, building
670 NATIONAL LABOR RELATIONS BOARD
maintenance employees, and manual workers associated with office
departments, but excluding foremen, assistant foremen, supervisors
with authority to hire or discharge, pattern makers, those employees
employed in departments 40, 140, 49, 149, 52, 39, and 36-a, and office
employees, constitute a unit appropriate for the purposes of collective
bargaining, and that said unit will insure to employees of the Com-
pany the full benefit of their right to self-organization and collective
bargaining and otherwise effectuate the policies of the Act.
Upon the basis of the above findings of fact and Amendment to
Decision, and upon the entire record in the case the Board makes the
following :
SUPPLEMENTAL AND AMENDED CONCLUSIONS OF LAW
1. All the production and non-production factory employees, in-
cluding factory clerks and checkers, watchmen, building maintenance
employees, and manual workers associated with office departments,
but excluding foremen, assistant foremen, supervisors with authority
to hire or discharge, pattern makers, those employees employed in
departments 40, 140, 49, 149, 52, 39, and 36-a, and office employees,
constitute a unit appropriate for the purposes of collective bargain-
ing, within the meaning of Section 9 (b) of the National Labor
Relations Act.
2. The employees, including working foremen, employed in de-
partments 40, 140, 49, 149, 52, 39, and 36-a, except foremen, assistant
foremen, and supervisors with authority to hire or discharge, consti-
tute a unit appropriate for the purposes of collective bargaining,,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
CERTIFICATION OF REPRESENTATIVES
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
1, as amended,
IT IS HEREBY CERTIFIED that Pattern Makers Association of Toledo,
Ohio, has been selected by a majority of the pattern makers at the
Toledo, Ohio, plant of The Electric Auto-Lite Company, as their
representative for the purposes of collective bargaining, and that,
pursuant to Section 9 (c) of the Act, Pattern Makers Association of
Toledo, Ohio, 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.
IT IS HEREBY CERTIFIED that International Union, United Automobile
Workers of America No. 12, has been selected by a majority of: all
employees engaged in production, and non-production factory em-
DECISIONS AND ORDERS 671
ployees, including factory clerks and checkers and manual employees
attached to the office of The Electric Auto-Lite Company, except
pattern makers, foremen, assistant foremen, supervisors with authority
to hire or discharge, those employees employed in departments 40, 140,
49, 149, 52, 39, and 36-a, and office employees, as their representative
for the purposes of collective bargaining, and that, pursuant to Sec-
tion 9 (a) of the Act, International Union, United Automobile
Workers of America No. 12, 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.
AMENDED CERTIFICATION OF REPRESENTATIVES
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, as amended,
IT IS HEREBY CERTIFIED that Mechanics Educational Society of Amer-
ica, Local No. 4, has been designated and selected by a majority of
all employees, including working foremen of departments 40, 140,
49, 149, 52, 36, and 36-a, except foremen, assistant foremen, and super-
visors with authority to hire or discharge, of The Electric Auto-Lite
Company, Toledo, Ohio, as their representative for the purposes of
collective bargaining and that, pursuant to the provisions of Section
9 (a) of the National Labor Relations Act, Mechanics Educational
Society of America, Local No. 4, 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.
ORDER
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 1,
as amended.
IT IS , IIEREBY ORDERED that the petition`filed by The Electric Auto-
Lite Company requesting the exclusion of watchmen from the unit
of production and non-production factory employees and that watch-
may be determined to constitute a separate unit, be, and it hereby is,
dismissed.
MR. DONALD WAKEFIELD SMITH took no part in the consideration of
the above Second Amendment to Decision, Amended Certification
of Representatives, Supplemental Decision, Certification of Repre-
sentatives, and Order.