The Lukas-Harold Corp.

National Labor Relations Board - Board Decisions

Oct 2, 1942

44 N.L.R.B. 730 (N.L.R.B. 1942)

III the Matter of THE LUKAS-HAROLD CORP. and UNITED ELECTRICAL,
RADIO & MACHINE WORKERS OF AMERICA, LOCAL 934, AFFILIATED
WITH THE C. I. O.
In the Matter of THE LUKAS-HAROLD CORPORATION and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA (C. I. 0.)
In the Matter of THE LUKAS-HAROLD CORPORATION and UNITED
MACHINE & ASSEMBLERS, INC.
Cases Nos. R-4786, R-4787, 11-4188, respectively.Decided October
2, 1942
Jurisdiction : fire control equipment manufacturing industry.
Practice and Procedure : petition'' dismissed,_when it appeared election would be
premature in view of limited nature of Company's operations.
Mr. Arthur R. Donovan and 111r. Robert D. Malarney, for the
Board.
Mr. Samuel 31. Chapin, of New York City, for the Company.
Mr. David Scribner, of New'York City, and Mr. J. Gilbert Prather,
of Indianapolis, Ind., for the U. E. R. M.
Mr. Andrew Jacobs and Mr. Carl Parker, of Indianapolis, Ind.,
for the U. A. W.
Mr. H. M. McCurdy, Mr. M. H. Randolph, and Mr. B. W.•McCoy,
of Indianapolis, Ind., for the U. Al. A.
Mr. Ray Kelsay,and Mr. Walter Bennett, of Cincinnati, Ohio, for
the Polishers.
Mr. W. H. Winlco and 111r. A. L. Ackeret, of Indianapolis, Ind..
for the I. A. M.
Mr. Hugh Gormley, for the A. F. of L.
Mr. Raymond J. Compton, of counsel to the Board.
DECISION
AND
ORDER
I
STATEMENT OF THE CASE
Upon separate petitions duly filed by United Electrical, Radio &
Machine Workers of America, Local 934, affiliated with the Congress
44 N. L. R. B., No. 136.
730
THE LUKAS-HAROLD CORP. 731
mf Industrial Organizations, herein called the U. E. R. M., Interna-
tional Union, United Automobile, Aircraft & Agricultural Implement
Workers of America, affiliated with the Congress of Industrial
Organizations, herein called the U. A. W., and United Machine &
Assemblers, Inc., herein called the U. M. A., alleging that a question
affecting commerce had arisen concerning the representation of
employees of The Lukas-Harold Corporation, Indianapolis, Indiana,
herein called, the Company, the National Labor Relations Board
ordered that the cases be consolidated and provided for an appro-
priate hearing upon due notice before A. Bruce Hunt, Trial Exam-
iner. Said hearing was held at Indianapolis, Indiana, from August
19 to 21, 1942, inclusive. The Board, the Company, the U. E. R. M.,
the U. A. W., the U. M. A., International Association of Machin-
ists, herein called the I. A. M., and Metal Polishers, Buffers, Platers
and Helpers International Union (AFL), herein called the Polishers,
appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. At the hearing, the Company, the
I. A. M., and the Polishers, moved to dismiss the petitions as pre-
maturely filed.' The Trial Examiner referred the motions to the
Board for ruling. For the reasons set forth below, the motions are _
hereby granted. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed. Briefs were
filed on behalf of the Company, the U. A. W., the I. A. M., and the
U. E. R: M., and have been duly considered by the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Lukas-Harold Corporation, a Connecticut corporation, has its
principal office and place of business at Indianapolis, Indiana. It is
engaged in the manufacture of fire control equipment for the United
States Government under "Management Service" contracts with the
United States Navy Department. The Company's plant, equipment,
raw materials, and finished products are 'at all times the property of
the Navy Department. The Company, however, does the actual
purchasing of all materials and hires all necessary personnel, receiv-
ing compensation for the finished products upon a cost plus fee basis.
Approximately 75 percent of the raw materials used at the Indian-
apolis plant are obtained from sources outside the State of Indiana.
1 The A F. of L ., appearing on,behalf of the I. A M. and the Polishers , also moved to dis-
miss the petitions on the grpund that a jurisdictional conflict exists between the U. E. R. M.
and the U A W. The Trial Examiner referred the motion to the Board for ruling . Inasmuch
as we are dismissing the petitions on other grounds , we find it unnecessary to rule upon
the foregoing motion.
732 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
All of the finished products are shipped to points outside the State
of Indiana." We find that the Company, contrary to its contention,
is an employer within the meaning of the National Labor Relations
Act. We further find that the Company is engaged in commerce
within the meaning of the Act.2
II. THE ORGANIZATIONS INVOLVED
United Electrical, Radio & Machine Workers of America, Local
934, and International Union, United Automobile, Aircraft & Agri-
cultural Implement Workers of ' America, are labor organizations
affiliated with the Congress of Industrial Organizations, 'admitting
to membership employees of the Company. _
International Association of Machinists and Metal Polishers, Buff-
ers, Platers and Helpers International Union are labor organizations
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
United Machine & Assemblers, Inc.,•is an unaffiliated labor organi-
zation, admitting to membership employees of the Company.
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Construction of the Company's plant began in August 1941, and
at the time of the hearing the plant buildings were approximately
95 percent completed. Although production has commenced, all of
the machinery has not been installed and some of the departments
are yet to be set up. As ofAugust 19, 1942, the Company had in its
employ between 20 and 25 percent of the number of employees,con-
templated for the operation of its plant at full capacity. The Com-
pany estimates that, by February or March 1943, it will have
employed approximately 50 percent of the anticipated total number
of production and maintenance employees, and that by December 31,
1943, the plant will be operating at full capacity.
The Company contends that. the Board should not- conduct an
election to determine the bargaining representative of its. employees
until operations at the plant have, substantially increased. The
I. A. M. makes a similar contention. It appears that the ' Company
intends to employ metal polishers, buffers, and platers, and the Pol-
ishers maintain,.therefore, that the determination of the appropriate
bargaining unit or units and the selection of a bargaining representa-
2 At the hearing, the Company moved to dismiss the petitions on the ground that it was
not subject to the Act because its plant is owned by the Navy Department and operated under
the latter 's supervision and control . The motion is hereby denied See Matter of United
States Cartridge Company and International Brotherhood of Electrical Workers, Local No. 1,
A F of L. and International Brotherhood of Firemen and Oilers, Local No. 6, A. F. of L.;
42 N L . R. B. 191.
THE LUKAS-HAROLD CORP. 733
Live for the foregoing employees should await their actual employ-
ment. In view of the Company's present limited operations,- we do
not believe' that a representative group of employees is now working
at the plant, and for that reason are of the opinion that an election
at this time would be premature. Furthermore, it appears likely
that some of the labor organizations whose asserted interest in the
instant proceeding does not appear to be substantial, contemplate or
are still in the -process of organizing the Company's employees and
may well have an increased interest in the selection of a• bargaining
representative early in 1943 when the Company's operations will
approximate 50 percent of capacity. Accordingly, we shall dismiss
the petitions of the U. E. R. M., the U. A. W., and the U. M. A. with-
out prejudice to the filing of new petitions at such time as the Com-
pany's operations have increased to the extent indicated above.3
ORDER
Upon the basis of the foregoing findings, of fact, the National
Labor Relations Board hereby orders that the petitions for investiga-
tion and certification of representatives of employees of The Lukas-
Harold Corporation, Indianapolis, Indiana, filed by United Elec-
trical, Radio & Machine Workers of America, Local 934, affiliated
with the C. I. O., by International Union, United Automobile, Air-
craft & Agricultural Implement Workers of America (C. I. 0.), and
by United Machine & Assemblers, Inc., be, and they hereby are, dis-
missed without prejudice.
MR. WM. M. LnISERSON took no part in the consideration Iof the
above Decision and Order. .
e Cf. Matter of Westinghouse Electric & Manufacturing Company and International Associa-
tion of Machinists, Local 8011, (A. F. of L ) 38 N. L . R. B. 404