The Nashville Corp.

National Labor Relations Board - Board Decisions

Apr 16, 1948

77 N.L.R.B. 145 (N.L.R.B. 1948)

In the Matter of THE NASHVILLE CORPORATION,' EMPLOYER and INTER-
NATIONAL ASSOCIATION OF MACHINISTS, AFRO LODGE No. 735,2
PETITIONER
Case No. 10-RC-8l.-Decided April 16,1948
Mr. George H. Armistead, Jr., of Nashville, Tenn., for the Employer.
Mr. Robert F. Proctor, of Houston, Tex., for the Petitioner.
Mr. Frank J. Donner, of Washington, D. C., for the Steelworkers.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Nashville,
Tennessee, on January 27, 1948, before T. Lowry Whittaker, hearing
officer.
United Steelworkers of America, CIO, herein called the Steel-
workers, was permitted by the hearing officer to intervene to the extent
of moving and arguing that the petition should be dismissed, on the
ground that an election held among these employees on August 20,
1947,3 precludes another election before August 20, 1948. The Steel-
workers have not complied with Section 9 (f), (g), and (h) of the Act,
as amended, and did not allege or show a contractual interest in this
natter. Accordingly, the hearing officer's ruling permitting inter-
vention is reversed.4 Other rulings made by the hearing officer are
free from prejudicial error and are affirmed.5
Upon the entire record in the case, the National Labor Relations
Board makes the following :
I As amended at the hearing Since 1940 and befoie its curtent designation as indicated
herein , the Employer's name had been changed successively as follows . Afyak Sfanufactur-
ing Corporation , Stinson Aircraft Division , Vultee Aircraft , Inc. ; Consolidated Vultee Air-
craft Corporation ( Nashville Division).
z As amended at the hearing
Matter of Consolidated Vultee Aircraft Corporation ( Nashville Division ), 74 N L. R B.
967 See fin 8, infra
See Matter of Schneider Transportation Company , 75 N L R B 870
The hearing officer properly denied the motion of J. D. Lewis and others to intervene
as individuals These employees did not purport to be , or to function as, a collectize
baigaining representative and are not necessary parties to this proceeding Matter of
Shell Oil Company , Incorporated , 66 N. L. R. B 510
77 N L R. B, No. 19 145
146 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. TIIE BUSINESS OF TIIE EMPLOYER'
The Nashville Corporation, a Delaware corporation, maintains a
manufacturing plant at Couchville Pike, Nashville, Tennessee, where
it is engaged in the manufacture, sale, and distribution of city transit
busses, electric and gas ranges, and cold storage food cabinets.
. During the past year the Employer received raw materials consist-
ing of aluminum, steel, and related products valued at more than
$500,000, of which approximately 50 percent was shipped to its plant
in Nashville, Tennessee, from points outside the State of Tennessee.
During the same period the Employer sold finished products valued
at more than $500,000, approximately 90 percent of which was shipped
outside the State of Tennessee.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization, claiming to represent em-
ployees of the Employer.
III. TILE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. TIIE APPROPRIATE UNIT
We find, in accord with the agreement of the parties, that all pro-
duction and maintenance employees at the Employer's Nashville,
Tennessee, plant, including all production control dispatches, in-
spectors, stock clerks, shop follow-up employees, tool crib attendants,
loftsmen, template makers; but excluding all salaried employees, office
employees, all clerks not specifically included herein, fire fighters,
medical employees, cafeteria employees, timekeeping employees,
guards, professional employees, and all supervisors, constitute a unit
The parties stipulated on the record that the current facts as to commerce ate sub-
stantially the same as those set forth in the Board's prior Decision and Direction of Elec-
hou in Matter of Consolidated Pultee Aircraft Corporation (Nashvelle Division), 74 N L
R. $. 967. See ftn. 1, supra.
THE NASHVILLE CORPORATION 147
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We are administratively informed that a strike, current at the time
of the hearing, terminated on February 24, 1948. We are further
advised that certain individuals are the subject of unfair labor practice
charges filed against the Employer in Cases Nos. 10-CA-223 and
10-CA-210, alleging violations of Section 8 (a) (1) and (3) of the Act.
In accordance with Board practice we will allow the individuals named
in the charges to cast challenged ballots. However, their ballots will
be segregated and will not be counted unless determinative of the
results of the election. In the latter event the final disposition of this
case will await the outcome of the unfair labor practice proceedings,
which are still under consideration by the General Counsel.' By al-
lowing these persons to vote we are not to be taken as having passed
in any way on the legality or illegality of their discharges.
DIRECTION OF ELECTION"
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with The Nashville Corporation, Nash-
ville, Tennessee, 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 Tenth Region, and subject to Sections 203.61 and 203.62, of
National Labor Relations Board Rules and Regulations-Series 5,
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, including the persons alleged to
have been discr'niinated against in the unfair labor practice charges
7 Matter of Longhorn Roofing Products , Inc, 67 N L . R B 84 , and cases cited therein
Matter of Pohs-Ring-Green, Inc , 68 N L R B 37
8 Section 9 (c) (3) of the Act provides, in part, that the Board shall not conduct an
election "in any bargaining unit or any subdivision within which , in the preceding 12-
month period , a valid election shall have been held " [ Italics added] We find
that the election held on August 20, 1947, in Matted of Consolidated Vallee Aircraft Corpo-
ration (Nashville Dn.ision), 74 N L It B 967, was not a "valid" election within the
meaning of this section of the Act The Board dismissed the Steelworkers ' petition and
te,nunated the investigation in that proceeding without disposing of objections to the
conduct of the election because the Steelworkers failed to comply with Section 9 (f), (g),
and (h ) of the Act The August 20, 1947 , election is therefore part of an incomplete
investigation and cannot be regarded as a valid election so as to preclude the holding of
an election at this time See Matter of Hardacicke -Etter Company , 75 N. L R B 992;
Matter of Monumental Life Insurance Company, 75 N L R B. 776 ; Matter of American
Packing Corporation, 76 N L R B 35, all recently decided Although a prehearing
election had been held in each of those cases , the Board dismissed the petition of the non-
complying union without prejudice to the right of the Intervenor to file a petition in its
own behalf.
148 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
filed in Cases Nos. 10-CA-223, and 10-CA-210,9 and including em-
ployees who did not work during said pay-roll period because they
were ill or on vacation or temporarily laid off, but excluding those
employees who have since quit or been discharged for cause and have
not been rehired or reinstated prior to the date of the election, and also
excluding employees on strike who are not entitled to reinstatement,
to determine whether or not they desire to be represented by Inter-
national Association of Machinists, Aero Lodge No. 735, for the
purposes of collective bargaining.,
o As indicated in Section V, supra, these persons will be permitted to vote challenged
ballots.