The National Sanitary Co.

National Labor Relations Board - Board Decisions

Sep 29, 1941

35 N.L.R.B. 1040 (N.L.R.B. 1941)

In the Matter of THE NATIONAL SANITARY COMPANY and INTERNATIONAL
BROTHERHOOD OF FOUNDRY EMPLOYEES, LocAL # 104, (INDEPENDENT)
Case No. R 2924.Decided September 29, 1941
Jurisdiction : plumbing supply manufacturing industry.
Investigation and Certification of Representatives : existence of question. re-
fusal of Company to accord union recognition on the alleged ground that it no
longer exists ; election necessary.
Unit Appropriate for Collective Bargaining :* production and maintenance em-
ployees of the Company, excluding watchmen, clerks, and supervisors ; agree-
ment as to.
Mr. Louis Probst, of Salem, Ohio, for the Company.
Mr. Lawrence J. Brick, of Alliance, Ohio, for the Union.
Mr. William H. Bartley, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 23, 1941, International Brotherhood of Foundry Em-
ployees, Local #104, (Independent), herein called the Union, filed
with the Regional Director for the Eighth Region (Cleveland, Ohio)
a petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of The National Sanitary
Company, Salem, Ohio, herein called the Company, and requesting an
investigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On August 8, 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 investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing on due notice.
On August 15, 1941, the Acting Regional Director issued a notice
of hearing, copies of which were duly served upon the Company and
the Union. Pursuant to notice, a hearing was held on August 25, 1941,
before Harry L. Lodish, the Trial Examiner duly designated -by the
35 N. L. R. B., No. 191.
1040
NATIONAL SANITARY COMPANY 1041
Chief Trial Examiner. The Company was represented by its vice
president, the Union by its representative ; both participated in the
hearing.' Full opportunity to be heard, to examine and cross- examine
witnesses, and to introduce evidence bearing on the issues was afforded
all parties. 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 National Sanitary Company, which maintains its principal
plant and offices at Salem, Ohio, is engaged in the manufacture of
enameled goods, iron-plumbing fixtures, and brass-plumbing fittings.
The raw materials used in the manufacture of its products consist for
the most part of pig iron, coke, molding sand, lumber, and chemicals.
During the year 1940 the approximate value of such raw materials
was $1,250,000, about 40 per cent of which came to the plant from
outside the State of Ohio. During the same year the value of its
finished products, consisting of bath tubs, kitchen sinks, washpans,
bathroom sinks, and drainboards, amounted to approximately
$2,500,000, about 80 per cent of which was sold outside the State
of Ohio. The Company admits that it is engaged in interstate
commerce.
H. THE ORGANIZATION INVOLVED
International Brotherhood of Foundry Employees, Local #104,
is an unaffiliated labor organization, admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 21, 1941, the Union requested that the Company recognize
it as the exclusive representative of all three departments in its shop.
The Company refused on the ground that the Union no longer exists
as a labor organization and did not in fact represent a substantial
number of the Company's employees. A statement of the Field
Examiner introduced at the hearing shows that the Union presented
to him 286 membership cards, 10 of which bore printed names and
231 of which bore signatures of persons on the August 20, 1941, pay
roll of the Company. Of the 231 signed cards, 176 were dated
1042 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
between January 1 and May 1, 1941; 24 were dated in May; 25 in
June; 1 in July, and 5 were undated. There are 503 names on the
August 20, 1941, pay roll. However, the Company contends that all
employees who signed cards prior to May 13, 1941, did so for the
purpose of joining a departmental union rather than a union repre-
senting the entire plant and that therefore those cards signed prior
t o May 13 should not be considered in determining whether the
Union represents a substantial number of employees in the plant-
wide unit. The Company's contention is based on the fact that in a
prior representation proceeding 1 the Board dismissed a petition filed
by the Union on the ground that the unit therein sought, consisting
of the employees in the enameling department only, was inappro-
priate. The Company argues that this decision by the Board resulted
in the disbanding of the Union in the plant and that thereafter the
employees in the enameling department requested that the Company
revert to the former practice of negotiating with an independent
committee of employees. This definitely indicated that the employees
no longer desired the Union to represent them, the Company contends.
There is no evidence in the record to show that the Union has dis-
banded or that any of the employees who signed membership cards
have resigned from the Union or now desire to resign from the
Union. We therefore find that the Company's contention is without
merit and that the Union represents a substantial number of the
employees in the unit alleged herein to be appropriate.
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 rela-
tion to trade, traffic, and commerce, among the several States and tends
to lead to labor disputes burdening and obstructing commerce and
the free flow of commerce.
V. THE APPROPRIATE UNIT
The parties have agreed, and we find, that all production and main-
tenance employees of the Company, excluding watchmen, clerks, and
supervisors, constitute an appropriate unit. We further find that
said unit will insure to employees of the Company the full benefit of
1 The Nattonal Sanitary Company and International Brotherhood of Foundry Employees,
Looal #1011, 31 N. L R B 824.
NATIONAL SANITARY COMPANY 1043
their right to self-organization and to collective bargaining and other-
wise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot . The Company requests that any reasonably.
current pay roll be used to determine eligibility to vote in the election.
The Union requests that the pay roll of July 21 , 1941 , be used because
a number of new employees have been hired by the Company since
that time and the Union fears that this will result in the lay-off of
a number of .union members in the near future, thus affecting the
result of - the election . There is no evidence as to the number of new
employees hired since July 21 and no evidence that the Company has
any intention of laying off union members . We think the Union's
contention is without merit, and we shall accordingly follow our usual
practice and direct that the employees eligible to vote in the election
shall be those in the appropriate ' unit who were employed by the
Company during the pay-roll period immediately preceding the date
of the Direction of Election herein , subject to such limitations and
additions as are hereinafter set forth in the Direction.
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
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of The National Sanitary Company, Salem,
Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All production and maintenance employees of the Company
excluding watchmen, clerks, and supervisors, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the National Labor Relations 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 Relations
Act, and pursuant to Article III, Section 8, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by-the Board
to ascertain representatives for the purposes of collective bargaining
with The National Sanitary Company, Salem , Ohio, an election by
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1044 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
secret ballot shall be conducted as early as possible but not later than
thirty (30) days from the date of this Direction of Election, under
the direction and supervision of the Regional Director for the Eighth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Articled III, Section 9, of said Rules and
Regulations, among all production and maintenance employees who
were employed by the Company during the pay-roll period immedi-
ately preceding the date of this Direction of Election, including em-
ployees 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 watchmen,
clerks, and supervisors, and employees who have since quit or been
discharged for cause, to determine whether or not they desire to be
represented by International Brotherhood of Foundry Employees,
Local #104, (Independent) for the purposes of collective bargaining.