Thompson Products, Inc.

National Labor Relations Board - Board Decisions

Oct 9, 1945

63 N.L.R.B. 1495 (N.L.R.B. 1945)

In the Matter of THOMPSON PRODUCTS, INC. and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, LOCAL 300 (CIO)
Case No. 8-B-1989.-Decided October 9, 194.5
Messrs. Stanley & Smoyer, by Mr. Harry E. Smoyer, of Cleveland,
Ohio, for the Company.
Messrs. Maurice Sugar and N. L. Smokier, by Mr. N. L. Smokier, of
Detroit, Mich.; and Mr. William Grant, of Cleveland, Ohio, for the
C.I.O.
Messrs. Frank Evans and Anthony Doria, both of Cleveland, Ohio,
for the A. F. L.
Mr. David V. Easton, of counsel to the Board.
0
DECISION
AND
DIRECTION OF ELECTION
STATEMENT Or THE CASE
Upon a petition duly filed by International Union, United Auto-
mobile, Aircraft & Agricultural Implement Workers of America, Local
300 (CIO), herein called the C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
Thompson Products, Inc., Cleveland, Ohio, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Thomas E. Shroyer, Trial Examiner.
Said hearing was held at Cleveland, Ohio, on September 13, 1945.
The Company, the C. I. 0., and United Automobile Workers, AFL,
herein called the A. F. L., appeared and participated. All parties were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. At the
hearing the Company moved to dismiss the petition. The Trial Ex-
aminer reserved ruling upon this motion for the Board. For reasons
stated in Section III, infra, the motion is denied. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error and
are hereby affirmed. All parties were afforded an opportunity to file
briefs with the Board.
63 N. L R. 13., No. 226.
1495
1496 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Thompson Products, Inc., an Ohio corporation, is engaged at Cleve-
land, Ohio, in the manufacture of commercial and aircraft valves. The
Company annually sells finished products valued in excess of $1,000,000,
more than 50 percent of which is shipped to points outside the State of
Ohio. It annually purchases materials valued in excess of $500,000,
more than one-half of which is obtained from points outside the State
of Ohio.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, Local 300, affiliated with the Congress
of Industrial Organizations, and United Automobile Workers, affili-
ated with the American Federation of Labor, are labor organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the C. I. O. as the
exclusive bargaining representative of certain of its employees on the
ground that it doubts that the C. I. O. represents a majority of such
employees.
A statement of a Field Examiner for the Board, introduced into,
evidence at the hearing, indicates that the C. I. O. represents a substan-
tial number of employees in the unit hereinafter found appropriate?
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.
1 The Field Examiner reported that (a) the Company 's pay roll of August 14, 1945,
indicates that there are 2 ,791 workers presently engaged by the Company and employed
in the unit hereinafter found appropriate ; (b) the C. I. O. submitted 1,838 authorization
cards ; and (c ) a spot ,check of the C. I. O.'s cards against the Company's pay roll indicated
a sho«ing of interest of 19 percent. Contrary to the Company' s contention , this showing
is sufficient to warrant the entertainment of the petition. herein, inasmuch as the Company
has previously been found to have engaged in unfair labor practices ( see Matter of Thompson
Products, Inc, 57 N. L R . B. 925 ), and thus far has failed to remedy such practices. In
these circumstances we will accept a smaller showing of interest than we ordinarily require.
See Matter of Humble Oil d Refining Company, 53 N. L. R. B. 116.
The Trial Examiner stated on the record that, at the hearing , the A. F. L. submitted IT.
designations signed by persons listed upon the Company' s pay roll.
THOMPSON PRODUCTS, INC.
IV. THE APPROPRIATE UNIT
1497
Substantially in accordance with the agreement of the parties, we
find that all production and maintenance employees of the Company
at its Cleveland, Ohio, operations, excluding office and clerical em-
ployees, time-study and plant-protection employees, outside truck
drivers, foremen, 'assistant foremen, and all other supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recommend
such action, constitute 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 find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot.
The Company requests that we permit the use of mail ballots by
employees in the armed forces. Our policy with respect to the ballot-
ing-of such employees is set forth in the Mine Safety Appliances case .2
In view of the constant movement of troops in the process of redeploy-
ment, we are of the opinion that the administrative difficulties which
obtained at the time of our decision in that case are still present
today. Indeed, they are probably greater at this particular time
than when, during the war; Army and Fleet Post Office addresses
remained relatively unchanged. Nor is there yet any clear showing as
to, how many of the Company's employees in military service will
exercise their right to return to its employ. Consequently, we shall
adhere to our present practice, allowing those of the Company's em-
ployees in the armed services who appear in person at the polls to
participate in the election. A new petition will be entertained at such
time when a sufficient number of servicemen have actually returned
to the Company's employ, though it may be less than the usual year.
The Company contends that a proper election cannot be conducted
to determine the representative of its employees until its "reconver-
sion plans" have been effectuated. It states that an election should
not be held within the next 3 months.
The record reveals the following facts: The Company employs at
the present time between'3,000 and 3,500 employees, and expects that
its normal peacetime production will require approximately the same
number of workers. There are about 700 employees now engaged at
Thompson Aircraft Products Company, herein called TAPCO, to
whom the Company has made commitments, allowing them certain
reemployment rights in the event their present positions are discon-
tinued, and there are approximately 2,000 eniployees,now in the armed
a
2 Matter of Mine Safety Appliance Co., Callery Plant, Gallery, Pa , 55 N. L R. B. 1190,
1193-4. -
1498 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
e services having rights of reemployment. The Company intends to
eliminate all rented properties, placing the operations conducted
therein within its own buildings, and shift its employees so that instead
of having both commercial and aircraft valves manufactured by it
and TAPCO, commercial valves will be manufactured by one, and
aircraft valves by the other.
It is plain, however, that the Company is now employing approx-
imately the same number of workers as it intends to engage in the
future . Moreover, the nature of its work will not be substantially
altered. As to the anticipated changes of personnel, no evidence -was
adduced indicating that the 700 TAPCO employees having reemploy-
ment rights with the Company will have occasion to exercise these
rights in the near future. Furthermore the Company admitted that
it had no idea as to the number of employees in the armed services who
intend to return to work. And finally, the plans of the Company
with respect to the shifting of its employees were, at the time of the
hearing, still indefinite, for it conceded that, with one exception,3 no
decision with respect to the transfer of employees had been reached 4
Under these circumstances, we see no reason for delaying the election.5
The Company and the C. I. O. contend that the A. F. L. should be
denied a place upon the ballot in view of the extent of its showing of
representation among the employees in the unit. We are of the opin-
ion that the interest shown by the A. F. L., though slight, is sufficient to
entitle it to a place upon the ballot.6
Although the C. I. O. requests that August 14, 1945, be used as the
date to determine eligibility to vote in the election, we perceive ho
3 The record indicates that a transfer of 110 men from the Company to TAPCO is
now taking place.
4 On October 5, 1945, the Company, through its counsel, filed with the Board copies
of bulletins issued by the Company to "members of [its] office and factory supervision"
and, apparently , to its workers, of which we take notice These bulletins state that
the Company has decided to reorganize its operations so that its Valve & -Jet Propulsion,
Parts & Accessories, Light Metals and Piston Ring Divisions will be located at TAPCO,
and its Special Products Division will be located at the Company's plant. They further
state that this reorganization becomes effective as of October 1, 1945, that employees in
the four divisions to, be located at TAPCO will thereafter be paid by TAPCO check,
despite the fact that the physical reorganization may not be completed until the end of
the year 1945 In addition to these bulletins, Company's counsel, in an accompanying
letter, asserted that an additional transfer from TAPCO to the Company, involving 300
employees, is "under,conssdei atnon "
The anticipated transfers do not, in our opinion, constitute sufficient reason for
postponing an immediate election It is contemplated that they will not be completed
until the end of the year, and are subject to the delays and exigencies usually accom-
panying physical transfers of materiel. Thus, no good purpose can be served to delay
exercise of the employees ' rights to select a bargaining representative pending such
transfers Nor is the present transfer of certain of the Company's employees from
its pay roll to that of TAPCO sufficient to warrant any delay As long as such employees
are still engaged at the Company 's plant , they are among those forming part of the
appropriate unit , and we shall permit them to vote.
5 See Matter of Edison Gencmal Electric Appliance Co, Inc, 63 N . L R B. 968, cf.
Matter of Reliable Nut Co, 63 N L R. B 357.
See Matter of Elgin National Watch Company, 56 N. L. R B 30.
THOMPSON PRODUCTS, INC. . 1499
persuasive reason to deviate from our normal practice regarding the
eligibility period. Accordingly, we shall direct that the employees
.of the Company eligible to vote in the election shall be those in the
appropriate unit who were employed during the pay-roll period imme-
diately 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 Rela-
fions Act, and pursuant to Article III, Section 9, of National Labor
Relations 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 Thompson
Products, Inc., Cleveland, 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, 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, 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 tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
eluding any who have since quit or been discharged for cause and
have nqt been rehired or reinstated prior to the date of the election,
to determine whether they desire to be represented by International
Union, United Automobile, Aircraft & Agricultural Implement Work-
ers of America, Local 300 (CIO), or by United Automobile Workers,
affiliated with the American Federation of Labor, for the purposes of
collective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.
7Employees , otherwise eligible , though not on the Company ' s pay roll at the time of
the election , shall be permitted to vote if then employed at the Company's plant. (See
footnote 4, supra )