The Maytag Co.

National Labor Relations Board - Board Decisions

Oct 16, 1942

44 N.L.R.B. 1265 (N.L.R.B. 1942)

In- the Matter of THE MAYTAG COMPANY and UNITED ELECTRICAL,
-RADIO AND MACHINE WORKERS OF AMERICA, LOCAL 1116, AFFILIATED
WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS i
Case No. R-41079.-Decided October 16, 1940
Jurisdiction : war materials and washing machine parts manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition ; contract with petitioner excluding
employees seeking representation, held no bar to determination of question
concerning their separate representation ; election necessary.
Unit Appropriate for Collective Bargaining : watchmen, clockmen, guards,' and
gatekeepers, excluding supervisory employees.
Definitions : watchmen and guards held employees within the meaning of the Act.
Gamble, Read, Howland & Rosenfield, by Mr. J. G. Gamble, of
Des Moines, Iowa, and Cross & Hamill, by Mr. 1V., K. Harrill, of
Newton,, Iowa, for the Company.
Mr. Maurice Young and Mr. Wilbert Allison, of Newton, Iowa,
for the Union. -
Mr. Louis A. Pontello, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio and Machine
Workers of America, Local 1116, affiliated with the Congress of Indus-
trial Organizations, herein called the Union, alleging that a question
affecting commerce has arisen concerning the representation of em-
ployees of The Maytag Company,' Newton, Iowa, herein called the
Company, the National Labor Relations Board provided, for an
appropriate hearing upon due notice before Harry Brownstein, Trial
Examiner. Said hearing was held at Newton, Iowa, on July 28, 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. During the course
IIt was agreed at the hearing that all papers in this proceeding shall be corrected by
showing the name of the Company as "The Maytag Company" instead of "Maytag
Compaiiy " -
44 N. L. R. B, No. 237.
487498-42-vol 44-80 1265
1266 DECISIONS- OF NATIONAL LABOR RELATIONS BOARD
of the hearing the Trial Examiner granted a motion of the Union
to amend its petition in order to set forth correctly the desired unit.
The Company filed a reply which contained a motion to dismiss the
petition. The Trial Examiner reserved his ruling. The Company's
motion is hereby denied. The Trial Examiner's rulings made at the
trial are free from prejudicial error and are hereby affirmed. The
Company and the Union filed briefs which the Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Maytag Company, organized under the laws of the State of
Delaware but licensed to do'business in the State of Iowa, operates a
manufacturing plant in Newton, Iowa. The Company maintains
branch sales offices in Pennsylvania, Indiana, Minnesota, and Missouri.
The Company is now principally engaged in the manufacture of
military devices for the United States Government, but it also-manu-
factures washing machine parts. -Prior to its engagement-in,,war pro-
duction work, the Company's normal business was the manufacture,
sale, and distribution of washing machines. In its production of wash-
ing machine parts, the Company uses cast iron, steel, and porcelain
enamel products. During the past year, the Company purchased over
$100,000 worth of raw materials, of which the greater portion came
from without the State of Iowa. During the same period, the Company
shipped washing machine parts in excess of $100,000 in value to points
outside the State of Iowa.
The Company admits that it is engaged in commerce within the
meaning of- the- National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Electrical, Radio and Machine Workers of America, Local
1116; is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
On June 10, 1942; a few days after it had filed its petition with the
Regional Director, the Union sent a letter to the-Company requesting
that it be recognized as the exclusive bargaining agent for all watchmen
and guards employed by the Company. The Company refused 'the
request and gave as a reason the existence of a contract between the
Company and the Union, which had been brought about through the
THE MAYTAG COMPANY 1267
assistance of the National War Labor Board. This contract, covers all
piece-work and hourly paid production and maintenance employees in
the manufacturing departments of the Company, but excludes foremen,
assistant foremen, clerks, timekeepers, guards, watchmen, experimental
and technical employees, or 'office employees. The contract, dated
February 1, 1942; is to, be- effective for ,1 year and thereafter-from. year
to year unless it is terminated by either party by giving 30 -days'
written notice of such intention. -
The Company contends that it has already bargained with the Union
in. regard to the watchmen and' guards, and that their exclusion from
the unit resulted.' We find this contention to be without merit. It is
not the desire of the Union in this proceeding to include the watchmen
and guards within a unit of production and maintenance employees,,
but it desires an appropriate unit composed solely of 'watchmen and
guards. While guards and watchmen are expressly excluded from
coverage in the, contract, such exclusion cannot preclude the Union
from representing the guards and watchmen nor can it be construed to
bar these excluded employees from the right to bargain collectively in
an-appropriate unit through any bargaining agent whom they desire
to represent,them.2
A statement by the Regional Director introduced. in evidence shows
that the Union represents a substantial number of employees in the
unit hereinafter found to be appropriate.3 -
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 Act.
IV. THE APPROPRIATE UNIT
The Union contents that-all watchmen,-clockmen, guards, and gate-
keepers, exclusive of super;'isory employees constitute an appropriate
unit. It is the position of the Company that such a unit is inappro-
priate.
There are 5 watchmen and 22 guards employed by the Company.
The main duty of the watchmen, is to patrol the inside of the plant
at regular intervals for the purpose of detecting fires and generally to
3 See Matter of Chrysler Corporation , Highland Park Plant and Local 114, United Auto.
mobile, Aircraft and Agricultural Implement Workers of America , C 1. O , 44 N L. R B 881
3 The Regional Director reported that the Union presented 16 authorization cards which
were dated as follows : February 1942 . 1 ; April 1942 , 2 , May 1942 , 8 ; June 1942 , 5 , that
all of the cards. appeared to' bear genuine original signatures ; that all signatures on the
cards were the names of, persons who appeared on the pay-roll list submitted by the Com-
pany as of June 22 , 1942 , containing 27 names in the alleged appropriate unit
In addition , at the hearing , the Union submitted to the Trial Examiner 4 application
cards, all of which were dated July 21, 1942 All of the cards appeared to bear genuine
original signatures , but'only 3 cards submitted bore the names of persons appearing on thp
pay roll submitted by the Company as of June 22, 1942
1268 ' DECISIONS OF -NATIONAL 'LABOR RELATIONS BOARD
,protect the plant against ordinary hazards. The watchmen wear uni-
forms, but do not carry arms. They are required to carry time clocks
on their regular beats and must punch the time. All of the watchmen
are under the general supervision of the factory manager's office. They
are on the regular pay roll and are paid on an hourly basis.
Twelve of the 22 guards serve as gatemen. It is their duty to con-
trol the admission of employees and others to the premises. There
are 10 guards who patrol the boundaries of the plant to guard against
unauthorized entry and to protect the plant against sabotage, espion-
age, and, other unauthorized activities.' The guards do not wear uni-
forms and, at the present time, they do not carry arms. They are
under the general supervision of the factory manager's office. The
United States Army Air Force requires the guards to take oaths of
allegiance, and the duties and the organization of the guards are under
the supervision of the Army Air Force. The guards, are on the Com-
pany's regular pay roll, and they are paid on an hourly basis.
The. Company's contention that a unit of watchmen- and guards is
inappropriate cannot be sustained. Clearly the relationship between
the Company and the watchmen and guards is that of employer and
employee. We perceive no necessary.conflict between self-organization
for collective bargaining and the faithful performance by the watchmen
and guards of the duties set forth above. We find that the watchmen
and guards are employees within the meaning of Section 2 (3) of
the Act and are entitled to the benefits of the Act.''
We find that all watchmen, clockmen, guards, and gatekeepers, ex-
cluding supervisory employees, constitute 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 shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of -
Election herein, subject to the limitations and additions set forth
in the Direction.
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 the National Labor
4 See footnote 2, supra.
THE MAYTAG COMPANY 1269
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 Maytag
Company, Newton, Iowa, an ,election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from
the date of this Direction, under- the direction and supervision of
the Regional Director for the Eighteenth 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 the
employees in the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding
the date'of this Direction of Election, including 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, or temporarily laid off, but excluding employees who have
since quit or been discharged for cause, to determine whether or not
they desire to be represented by United Electrical, Radio and Machine
Workers of America, Local 1116, C. I. 0., for the purposes of collective
bargaining.
CHAIRMAN Mrraas took no part in the consideration of the above
Decision and Direction of, Election.
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