The North Electric Manufacturing Co.

National Labor Relations Board - Board Decisions

Jun 12, 1942

41 N.L.R.B. 944 (N.L.R.B. 1942)

In the Matter of THE NORTH ELECTRIC MANUFACTURING COMPANY and
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL No.
B-273 (AFL)
Case No. R-3798.-Decided June 12,19/{2
Jurisdiction : automatic electric selective apparatus manufacturing industry.
Investigation and Certification of Representatives : existence of question: by
' agreement ; contract with petitioner held no bar ; election necessary.
Unit Appropriate for Collective Bargaining : all employees , excluding super-
visory employees, technical and engineering employees , guards, clerical and
office employees , and supervisory installers; agreement as to.
Mr. Richard C. Sivander, for the Board.
Garfield, Daoust, Baldwin cC Vroomana, by Mr. Clare M. Vroonuun
and Mr. Vernon R. Burt, of Cleveland, Ohio, for the Company.
Mr. W. H. Wilson, of Akron, Ohio, for the A. F. of L. '
Mr. Henry Fiering, of Cleveland, Ohio, and Mr. Richard Niebur,
of Mansfield, Ohio, for the C. I. O.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
f
Upon petition duly filed by International Brotherhood of Electrical
Workers, Local No. B-273 (AFL), herein called the A. F. of L.,
alleging that a question affecting commerce had arisen concerning the
representation of employees of The North Electric Manufacturing
Company, Galion, Ohio, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Edward Grandison Smith, Trial Examiner. Said hearing was
held at Galion, Ohio, on May 4, 1942. The Company, the A. F. of L.,
and United Electrical, Radio & Machine Workers of America, affiliated
with the C. I. 0., herein called the C. I. 0., appeared, participated,
and were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and-,to introduce evidence bearing on the issues.
The Trial Examiner's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
41 N. L. R. B., No. 169.
944
THE NORTH ELECTRIC MANUFACTURING COMPANY 945
During the hearing, the A. F. of L. made a motion that the C. I. O.
be excluded'from the proceeding, on the ground that it had not shown
a substantial interest in the proceeding. In view of the findings of
fact set forth in Section III, infra, the motion is hereby denied.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The North Electric Manufacturing Company is an Ohio corporation
with its plant located at Galion, Ohio. It is engaged in the manufac-
ture of automatic electric selective apparatus, including telephone
exchange systems, its principal product, and also stock quotation sys-
tems, power control systems, and small appliances. All of the Com-
pany's products are manufactured to order. The Company and the
Automatic Electric Company, Inc., Chicago, Illinois, a competitor, are
the sole suppliers of automatic telephone equipment to the approxi=
mately 6,800 independent telephone companies in the United States
not included within the Bell System. The Company advertises in two
-trade journals of Nation-wide circulation.
During 1937, the Company's sales of its products amounted to
$657,012.02, of which $580,216.84, or approximately 86 percent, was
shipped to destinations outside the State of Ohio. During the same
period, the Company's purchases amounted in value to $291,525.69.
An analysis by the Company of the principal raw materials used by
it during 1937, amounting in value to approximately $104,600.00, dis-
closed that approximately $88,400.00, or about 85 percent of these
materials , was shipped to the Company's plant from points outside the
State of Ohio.'
The volume of business of the Company has increased sixfold or
sevenfold since 1937. At the present time, approximately 80 percent
of the Company's finished products goes to the War and Navy Depart-
ments and the Signal Corps of the United States. The remainder goes
to telephonic and other corporations engaged for the most part in war
work. A substantial part of the raw materials comes from outside the
State of Ohio, and more than 50 percent of the finished products is sold
outside the State of Ohio.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Electrical Workers, Local No. B-273
(AFL), is a labor organization admitting to membership employees of
the Company.
1 Pursuant to a stipulation of the parties, the above findings are based upon findings of
fact made by the Boaid in Matter of The North Electric Manufacturing Company and
International Association of Machinists , Local 1151, 24 N L R. B. 547, issued June 10, 1940.
463892-42-vol 41-60
946 DECISIONS OF NATIONAL LABOR RELATIONS -BOARD
United Electrical, Radio & Machine Workers of America, affiliated
with the C. I. 0., is a labor organization admitting to membership
employees of the Company.
111. THE QUI'.STION CONCERNING REPRESENTATION
The parties stipulated that a question of representation affecting
commerce had arisen within the meaning of the National Labor Rela-
tions Act. On February 27, 1942, the C. I. O. sent the Company a
letter, in -which it set forth its claims to represent a substantial number
,of the Company's employees and advised the Company not to enter
into any agreement with any other union without first consulting it or
,establishing the bargaining agent through the Board. On or about
March 11, 1942, the A.'F. of_L. met with the Company and asked for
,an agreement . The Company, referring to the C. I. O. letter, took
.the position that it would not enter an agreement until there had been
An election . The A. F. of L. then produced cards, which were counted
,after the meeting. At a subsequent meeting, on March 18, 1942, it
-was reported that the A. F. of L. had produced 505 cards bearing
signatures which tallied with those on an early March pay-roll list.
Since this constituted well over a majority of its employees, the Com-
pany signed a temporary agreement with the A. F. of L. on March 19,
1942, one clause of which gave the employees a 5 cents an hour increase
;in pay. The Company's position at that time was that it would sign
a permanent agreement when the issue between the C. I. O. and the
A. F. of L. was settled. -
In a letter dated March 31, 1942, the C. I. 0., having been apprised
.of the A. F. of L. agreement, again requested the Company to recog-
nize it as the bargaining agent of the Company's employees. In a
,reply dated April 6, 1942, counsel for the Company asked the C. I. O.
whether it claimed to represent a majority of the employees. The
^C. 1. 0. did not reply to this letter, having been informed in the mean-
time by the Regional Office that the A. F. of L. had filed a petition for
,investigation and certification -of representatives.
Because of the temporary nature of the above-mentioned contract,
and the fact that the A. F. of L., which is a party to that contract,
-filed the petition in this proceeding, and on the basis of the entire
record, we find that the contract is not a bar to a present deterulina-
-tion of representatives. • -
A statement of a Field Examiner , introduced in evidence at the
hearing, indicates that the A. F. of L. and the C. I. O. each represents
a substantial number of employees in the unit hereinafter found
appropriate.2
'The Field Examiner stated that the A F of L submitted 564 member"hmp camda all
bearing apparently valid original signatures , that 469 of the cards bole smgmmaturea found
G
'THE NORTH ' tLE,CTRIC ' MANUFACTURING COMPANY 947
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
We find, in accordance with a stipulation of the-parties, that all
employees of the Company's Galion, Ohio, plant, excluding supervisory
employees, technical and engineering employees, guards, clerical and
office employees, and supervisory installers, constitute a-unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
At the hearing, the A. F. of L. stated that it did not want an election
but regarded its agreement as perfectly valid. The C. I. O. requested
the Board to postpone any election, claiming that when the Company
entered into the agreement with the A. F. of L. it engaged in unfair
labor practices within the meaning of the Act, the result of which was
severely to handicap the, C. I. O.'s organizational drive. The Com-
pany expressed a desire that the proper bargaining agent of its em-
ployees be certified. We find, contrary to the positions of the A. F.
of L. and the C. I. 0., that the question concerning representation
which has arisen can best be resolved by means of an election by secret
ballot among the employees in the appropriate unit who were em-
ployed during the pay-roll period immediately preceding the date of
our Direction of Election, subject to the limitations and additions set
forth therein.8
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, 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
on the Company's pay roll of Aped 15, 1942 which listed 741 persons within the unit
alleged to be approp>iate; and that none of the cards bore a date eather than February 1,
1942, 505 having been signed between February 1 and March 9. 1942, 43 between March, 9
and 14, 1942, and 16 between March 15 and April 28. 1942
The Field Examiner stated further that the C 1 0 had submitted 108 membership
cards bearing apparently valid original signatures; that 84 of the cards bore signatures
tound on the above-mentioned pav roll, that 63 of these were duplicated by A F of L.
cards; and that 1 card was dated September 1941, 6, November 1941, 1, December 1941,
25, Januaiy 1942. 56 between Febrnaiy 1 and 7, 1942, 13, February 9, 1942, 1, February 10,
1942, 1, March 5, 1942, and 4 were undated
'The Boaid has denied an appeal by the C 1 0 from the Regional Director's refusal to
issue a complaint upon the charges of alleged unfair labor piactices
948 - DECISIONS OF NATIONAL LABOR RELATIONS - -BOARD
DIREcm that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The North Elec-
tric Manufacturing Company, Galion, Ohio, 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 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 Relations Board, and
subject to Article III, Section 9, of said Rules and Regulations, among
all employees of the Company 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 those employees
who have since quit or been discharged for cause, to determine whether
they desire to be represented by International Brotherhood of Elec-
trical Workers, Local No. B-273 (AFL), or by United Electrical,
Radio. & Machine Workers of America, affiliated with the C. I. 0.,
for the purposes of collective. bargaining, or by neither.
In the Matter of THE NORTH ELECTRIC MANUFACTURING COMPANY
and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL
No. B-273 (AFL)
Case No. R-3798
AMENDMENT TO DIRECTION OF ELECTION
June 25, 1942 -
On June 12, 1942, the National Labor Relations Board issued -a
Decision and Direction of Election in the above-entitled proceeding.'
In the election directed therein, the Board placed upon the ballot the
names of International Brotherhood of Electrical Workers, Local
No. B-273 (AFL) and United Electrical, Radio & Machine Workers
of America, affiliated with the C. I. 0., herein called the C. I. O. By
letter dated June 19, 1942, the C. I. O. notified the Board that it
desired that its name be withdrawn from the ballot.
The Board accordingly hereby amends the aforesaid Direction of
Election by striking therefrom the words "whether they desire to
be represented by International Brotherhood of Electrical Workers,
Local No. B-273 (AFL), or by United Electrical, Radio & Machine
Workers of America, affiliated with the C. I. 0., for the purposes of
collective bargaining , or by neither," and substituting therefor the
words "whether or not they desire to be represented by International
Brotherhood of Electrical Workers; Local No. B-273 (AFL), for
the purposes of collective bargaining."
1 41 N. L. R B., 944
41 N. L. R. B., No 169a.
949