The Richardson Co.

National Labor Relations Board - Board Decisions

Feb 9, 1945

60 N.L.R.B. 517 (N.L.R.B. 1945)

In the Matter of THE RICHARDSON COMPANY and UNITED RUBBER
WORBERs OF AMERICA, AFFILIATED WITH THE C. I. O.
Case No. 11-R-737.-Decided February 9, 1945
Mr. William B. Basile, of Melrose Park, Ill., and Mr. A. F. Thomp-
son, of Indianapolis, Ind., for the Company.
Mr. H. C. Anthony, of Rock Island, Ill., and Mr. William Jelf, of
Indianapolis, Ind., for the Rubber Workers.
Mr. Glenn W. Funk, of Indianapolis, Ind., for the Employees Union.
Miss Ruth Rusch, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Rubber Workers, affiliated
with the C. I. 0., herein called the Rubber Workers, alleging that a
question affecting commerce had arisen concerning the representation
of employees of The Richardson Company, Indianapolis, Indiana,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before William O.
Murdock, Trial Examiner. Said hearing was held at Indianapolis,
Indiana, on January 13, 1945. The Company, the Rubber Workers,
Employees Union, Inc., herein called the Employees Union, appeared
and -participated' All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. At the hearing, the Employees Union
moved to dismiss the Rubber Workers' petition on the ground that
there has been no proof of interest of the employees in the Rubber
Workers. The Trial Examiner reserved ruling on the Employees
Union's motion for the Board's determination. For reasons stated
in Section III, infra, the motion is hereby denied. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error and
I At the beginning of the hearing, the Trial Examiner granted a motion to Intervene by
the Employees Union.
60 N. L. R. B., No. 99.
517
518 -DECISIONS OF NATIONAL LABOR RELATIONS BOARD
are 'hereby affirmed. All parties were afforded an opportunity to file
briefs with the Board 2
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Company is an Ohio corporation with plants located in Illinois,.
New Jersey, and Indiana. It is engaged in the manufacture of storage
battery cases, covers, and vents. During the course of a year, the Com-
pany purchases raw materials consisting principally of hard rubber
compounds andamounting to more than $100,000 in value, of which 50,
percent is shipped from sources outside the State of Indiana. For the
same period, the Company's sales amount to more than $100,000 in
value, of which 50 percent-is shipped to points outside of the State of
Indiana.
The Company admits that it is- engaged in commerce within the.
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Rubber Workers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
Employees Union, Inc., is a labor organization admitting to mem-
bership employees.of the Company.
111. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Rubber Work-
ers as the exclusive bargaining representative of its production and
maintenance employees until the Rubber Workers has been certified by
the Board in an appropriate unit.
The Company and the Employees Union have executed a series of
collective bargaining agreements since 1938.3 The present contract was
entered into on January 31, 1944, to be in effect from February 1, 1944,
to January 31, 1945, and from year to year thereafter unless 30 days'
termination notice is given. Inasmuch as the Rubber Workers' peti-
tion herein was,filed in December 1944, the contract is, of course, no
bar to this proceeding.
' On January 22, 1945, the Company filed a motion to correct a typographical error In
the transcript of the hearing . The motion is hereby granted and it is ordered that the
record be corrected accordingly.
3 See Matter of Richardson Company, 7 N L. R. B. 1113.
THE RICHARDSON COMPANY 519,
A statement of -a Field Examiner, introduced into evidence at the
hearing, indicates that the Rubber Workers represents a substantial
number of employees in the unit hereinafter found appropriate 4
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 the stipulation of the parties, that all
production and maintenance employees, including shipping and re-
ceiving employees, set-up men, inspectors, truck drivers, and factory
clericals, but excluding guards,-' general office employees, assistant
foremen, foremen and all other supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, con-
stitute 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 em-
ployees 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 Relations.
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Richardson
Company, Indianapolis, Indiana, an election by secret ballot shall be
The Field Examiner reported that the Rubber Workers submitted 472 application
cards which bore the names of 310 persons listed on the Company 's pay roll of December
31, 1944, which contained the names of 618 employees in the appropriate unit. There were
175 cards dated between April and December 1944, and 135 were undated.
The Employees Union did not present any evidence, but relies on its contract as proof of
Its representation.
In view of the Rubber Workers' showing , we have denied the Employees Union 's motion
to dismiss the petition . The Employees Union sought to have the cards introduced into
evidence for the purpose of questioning the signatures . The Trial Examiner correctly
denied this request. See Matter of W . R. Wrape Stave Company, 59 N. L R. B 1381
Matter of H. G. Hill Stores, Inc. Warehouse , 39 N. L. R. B. 874.
5 Although the Rubber Workers requested the inclusion of guards in the unit in its peti-
tion, the parties agreed to exclude guards at the hearing.
520 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Eleventh Region, acting in this mat-
ter as agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, 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, including employees who did not work
during the said pay-roll period because they were ill or on vacation
or temporarily laid off, and including employees in the armed forces
of the United States who present themselves in person at the polls,
but excluding any who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the elec
tion, to determine whether they desire to be represented by United
Rubber Workers of America, affiliated with the C. I. 0., or by
Employees Union, Inc., for the purposes of collective bargaining, or by
neither.