The Metropolitan Body Co.

National Labor Relations Board - Board Decisions

Mar 20, 1941

30 N.L.R.B. 463 (N.L.R.B. 1941)

In the Matter Of" THE METROPOLITAN BODY COMPANY and-THE INDE-
PENDENT AUTO BODY WORKERS' UNION OF CONNECTICUT
Case No. R-'2331.Decided March 20, 1941
Jurisdiction : automobile truck body manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition in the absence of Board certification ;
election necessary. -
Unit Appropriate for Collective Bargaining : all production and' maintenance
employees, including stock room employees, but excluding officers, execu-
tives, foremen, subforemen, clerical employees, messengers, draftsmen, engi-
neers, and watchmen.
6' Ifl ngs & Lockwood , by Mr. Walter N. Maguire and Mr. Keith
T. Middleton ,- of Stamford , Conn., for the Company.
Mr. Morton Weiss, of Bridgeport , Conn ., for the Independent.
Liebman, Leider & IVitt, by Mr. Harold I. Cammer, of New York
City, for the U. A. W. -
Mr. Harry Cooper, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
'STATEitEN'r OF THE CASE
On September 0, 1940, The Independent Aiito Body Workers'
Union of Connecticut, herein called the Independent, filed with the
Regional Director for the Second Region (New York City)' a peti-
tion alleging that a question affecting commerce had arisen concerning
the representation of employees of The Metropolitan Body Company,
Bridgeport, Connecticut, herein called the Company, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On February 3, 1941, the National Labor Relations
Board, herein called the Board, acting pursuant to Section 9 (c) 'of
the Act; and Article III, Section 3, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, ordered an investiga-
tion and authorized the Regional Director to conduct it and to pro-
vide for an appropriate hearing upon due notice.
30 N. L. It. B., No. 65
463
464 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On February 6, 1941, the Regional Director, ;issued a notice of-
hearing, copies of which were duly served upon the Company, the
Independent, and upon United Automobile Workers of America
(C. 1. 0.), and Local 505 thereof, herein 'called the U. A. W., a
labor organization claiming to represent employees directly' affected
by the investigation. Pursuant to notice, a hearing was held on
February 17, 1941, at Bridgeport, Connecticut, before Millard L.
Mldonick, the Trial Examiner duly designated by 'the Chief Trial
Examiner. The Company, the Independent, and the U. A. W. were
represented by counsel and participated in the hearing. Full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to,
introduce evidence bearing upon the issues was afforded all parties
At the hearing the parties entered into a stipulation on a number of
issues, which stipulation recited that it should become effective only
upon Board approval. The Board hereby approves this stipulation.
During the course of the hearing, the Trial Examiner made several
rulings on motions and on objections to the admission of evidence.
The Board has reviewed the rulings of the Trial Examiner and finds
that no prejudicial errors were committed. The rulings are hereby
affirmed.
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
1. THE BUSINESS' OF THE COMPANY
The Metropolitan Body Company, a Connecticut corporation, hav-
ing its principal office and place of business at Bridgeport, Connect-
icut, is engaged in the manufacture, sale, and distribution of all-steel
automobile truck bodies. The Company purchases annually steel
.valued at approximately $180,000, about 97 per cent of which is
shipped to the Company's plant from points outside the State of
Connecticut. The Company annually manufactures and sells prod-
ucts amounting in value to approximately $1,225,000. About 95 per
cent in value of such products is shipped directly from the Company's
plant to points outside the State of Connecticut.
The Company concedes that it is engaged in commerce among the
several States within the meaning of the Act. ,
1. THE LABOR ORGANIZATIONS INVOLVED
'The'Indepelident'Auto Body Workers' Union of Connecticut is an
unaffiliated labor organization admitting to membership employees
of the Company. -
' As indicated in Section VI. infra , we have departed from the strict terms of the stipula-
tion with respect to the date upon which the election , directed below, is to be conducted.
THE METROPOLITAN BODY COMPANY 465
United Automobile Workers of America (C. I. 0.), and Local 505
thereof, are labor organizations, affiliated with the Congress of In-
dustrial Organizations, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On August 20, 1940, the Independent requested of .the Company
recognition as 'exclusive bargaining representative of its employees.
The Company refused to grant such recognition, stating it would
not recognize any labor organization in the absence of Board eer-
tification.2 From a report of the Regional Director which was intro-
duced in evidence and from a statement of the Trial Examiner made
at the hearing, it appears that each of the labor organizations in-
volved herein represents a substantial number of the Company's
employees in the unit found below to be appropriate for the purposes
of collective bargaining.3
We find that a question has arisen concerning the_ representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which. has
arisen, occurring in connection with the operations of the Company
described in Section I-above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
2 At the healing there was introduced in evidence a copy of a contract, dated June 13.
1939, between the Company and the U A W., providing foi exclusive recognition and for a
closed shop, and reciting that the agreement would continue for a period of 2 years and
automatically renew itself thereafter unless terminated by either party by written notice
to the other not less than 30 days prior to the expiration date However, the pasties halve
stipulated that the Company has no collective labor agicement with any labor organization
at the piesent time and halve stipulated that the Boaid may direct an election
3The Independent submitted to the Regional Director 109 membership application cards.
According to her report, 3 of these cards ace dated'in June 1940, 5 in July and August 1940,
'and 99 are undated All but two of the signatures affixed to these cards appeared to the
Regional Director to be genuine, original signatures Two cards were unsigned. Of the
signed cards, 99 bear the signatures of persons whose names are on the Company's pay roll
as of August 31, 1940 At the hearing the Independent submitted to the Trial Examiner
17 additional cards, and, after examining them, the Trial Examiner stated that 1 card w-as
a duplicate of one of the other 16, and that all 16 appeared to bear genuine, original si-,na-
tures of persons on the Company's pay roll as of February 13, 1941 The parties stipulated
that all 16 cards were signed by the respective persons whose names they bear within the
last 3 weeks-pilor to the hearing According to the Regional Director's report the pay roll,
as of . August 31, 1940, contains the names of 216 employees. The pay roll of.Febiuar3 13,
1941, contains the names of approxrinately 170 employees within the unit found below to
be appropriate for pus poses of collective bargaining
The -U A. W submitted to the Regional Director 64 membership application cards of
which, according to her report, 2 are dated in June 1940, 13 in July and August 1940, and
49 are undated. Of the 64 signatures affixed to these cards,' all appeared'to the Regional
Director to be genuine, original signatures, and 58 w ere'the'names of persons on the Com-
pany's pay roll as of August 31, 1940
466 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. "THE APPROPRIATE UNIT
At the hearing the parties stipulated that the unit appropriate for.
purposes of collective bargaining should comprise all production and
maintenance employees of the Company at its Bridgeport plant, ex-
cluding officers, executives, foremen, subforemen, clerical employees,
messengers, draftsmen, engineers,-and watchmen.'
The U. A. W. contends that approximately four stock room em-
ployees should be included in the appropriate unit; the Company,
that they should be excluded. The Independent takes no position
with respect to these employees. The stock room employees work
in the stock room which is located in an addition to the plant, adjoin-
ing the assembly department, and connected with it. The stock room
employees keep records regarding the receipt of Inerchandise, equip-
ment, and tools purchased by the Company. Small parts and tools
are received at the stock room where the stock room employees take
charge of them, sort them out, place them in bins, distribute them
among production employees, and keep records regarding such dis-
tribution. Tools are requested at the stock room by production em-
ployees and the stock room employees give out such tools. They
make periodical reports to the office regarding the distribution of
tools. A minor part of the duties of these employees consists of
preparing small parts for shipment out of the plant.
The foreman over the stock room employees is in charge of all
traffic in the plant. His desk is in the stock room. In addition to
the four stock room employees there are seven material handlers
'under this foreman's supervision. The parties agree that these ma-
terial handlers are in the appropriate, unit. The secretary-treasurer
,of the Company admitted at the hearing that the stock room em-
ployees and the material handlers form more or less of a cohesive
group under this foreman's supervision because all these employees
concern themselves with the traffic of material in the plant.
The Company's position is that the work of the stock room em-
ployees is an extension of clerical work done in the office. Records
which are kept by the stock room employees are used in the mainte-
nance of the Company's inventory and accounting system. It also
appears that stock room employees and office employees both par-
ticipate in the taking of "spot check" inventories. On the other hand,
the secretary-treasurer of the Company admitted at the hearing that
' The contract of June 13, 19$9, referred to above in footnote 2, covered all employees of
the Company except watchmen, subforemen, foremen, employees in the stock room , messen-
gers, engineers, officers, and clerical employees.
THE METROPOLITAN BODY COMPANY 467.
the,duties. of the stock room employees were adjusted more to the
work in the plant than to the work in the office.
The stock room employees are eligible to membership in the
U. A. W. and' have in the past been members thereof. They are not
eligible to membership in the Independent. However, the
president of the Independent stated at the hearing that if these
employees were found to be within the appropriate unit, the Inde-
pendent would admit them to membership. .
Under, the circumstances, we shall include the stock room employ-
ees in the appropriate unit.
We find that all production and maintenance employees of the
Company at its Bridgeport plant, including stock room employees,
but eicluding officers, executives, foremen, subforemen, clerical em-
ployees, messengers, draftsmen, engineers, and watchmen, 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.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by, secret ballot. At the
hearing the parties stipulated that the Board may direct an elections'
to be conducted on April 8, 1941, and that eligibility to vote therein
should be determined on the basis of any pay-roll period preceding
April 1, 1941, deemed proper by the Board.
Although' the Regional Director may, in her discretion, conduct
the election on April 8, 1941, we shall follow our usual practice and
direct that an election be conducted as early as possible, but not
later than thirty (30) days from the date of our Direction, and that
all employees within the appropriate unit who were employed by
the Company during the pay-roll period immediately preceding the
date' of our Direction, with the limitations and additions set forth
in our Direction, shall be eligible to vote.
At the 'hearing the U. A. W. requested that it appear on the ballot
as "United Auto Workers (C: I. 0.)" No objection was made, to
this request and we shall so provide.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
I
1. A question affecting commerce has arisen concerning the rep-
resentation of employees of The Metropolitan Body Company,'
440135-42-Vol. 30-31
468' - DECISIONS OF NATIONAL LABOR RELATIONS' BOARD
Bridgeport, Connecticut, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the Act.
2. All production and maintenance employees of the Company at
its Bridgeport plant, including stock room employees, but excluding
officers, executives, foremen, subforemen, clerical employees, mes-
sengers, draftsmen, engineers, and watchmen, constitute a unit ap-
propriate for the purposes of collective bargaining, within the mean-
ing of Section 9 (b) of the 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 Re-
lations Act, 49 Stat. 449, 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 ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with The Metropolitan Body Company, Bridgeport, Connecticut, an
election by secret ballot shall be conducted 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 Sec-
ond Region (New York City), 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 production and main-
tenance employees of The Metropolitan Body Company at its Bridge-
port plant, who were employed during the pay-roll period immedi-
ately preceding the date of this Direction, including stock room
employees, employees who did not work during such pay-roll period
because they were ill or on vacation or absent because called for
military service, and ' employees who were then or have since been
temporarily laid off, but excluding officers, executives, foremen, sub-
foremen, clerical employees, messengers, draftsmen, engineers, watch-
men, and those who have since quit or been discharged for cause, to
determine whether they desire to be represented by The Independent
Auto Body Workers' Union of Connecticut, by United Auto Workers
(C. I. 0.), for the purposes of collective bargaining, or by neither.