Thompson Products, Inc.

National Labor Relations Board - Board Decisions

Apr 10, 1942

40 N.L.R.B. 407 (N.L.R.B. 1942)

i
In the Matter of THOMPSON PRODUCTS, INC., AND THOMPSON AIRCRAFT
PRODUCTS COMPANY and INTERNATIONAL UNION, UNITED AUTOMOBILE,
AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA
(U. A. W.-C. I. 0.) LOCAL No. 300
Case No. R-3653.-Decided April 10, 1942
Jurisdiction : airplane and automotive parts manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to-accord petitioner recognition ; organization claiming an interest in
one of the elections on its "long history of existence" at plant in question, where
participation in the election is not objected to by opposing organization,
accorded place on ballot over Companies' objection ; elections necessary.
Units Appropriate for Collective Bargaining : production and maintenance
employees, with certain stipulated exclusions, of each of two companies, parent
and subsidiary.
Practice and procedure : motion to intervene filed by labor organization found
by the Board to be company-dominated, denied despite organizations contention
that pending judicial, enforcement of the Board's order of, disestablishment,
it has an interest in representation proceedings because of its membership and
its contract with the Company.
Stanley d Smoyer, by Mr. Harry E. Smoyer and Mr. Eugene B.
Schwartz, of Cleveland, Ohio, for the Companies.
Mr. Maurice Sugar, by Mr. N. L. Smokier, of Detroit, Mich., and
Mr. Ed Hall, of Cleveland, Ohio, for the U. A. W.
Mr. M. Alfred Roemisch, of Cleveland, Ohio, for the A. W. A. and
the A. A. W. A. '
Mr. J. P. Corrigan, of Cleveland, Ohio, for the Teamsters.
Mr. Mathew DeMore, Mr. William R. McCourt, and Mr. Nick Charo,
of Cleveland, Ohio, for the I., A. M.
. Mr. CecilF. Poole and Mr. Robert R. Hendricks, of counsel,,-to-the
Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On November 8, 1941, and January 12, 1942, respectively, Inter-,
national Union, United, Automobile, Aircraft and. Agricultural Imple-
- 40N. L. R B, No. 68. .
407 1
408 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ment Workers of America (U. A. W.-C. I.- 0.) Local No. 300, herein
called the U. A. W., filed with the Regional Director for the Eighth
Region (Cleveland, Ohio) a petition and an amended petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation. of employees at the Clarkwood, Cleveland, Ohio, plant of
Thompson Products, Inc., Cleveland, Ohio, and at the Euclid, Ohio,
plant of Thompson Aircraft Products Company, Euclid, Ohio, herein
called the Companies, 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 March 10, 1942,
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 upon
due notice.
•
On.March 11, 1942, the Regional Director issued a' notice of hear-
ing, copies of which were duly served upon the Companies, the
U. A., W., and the following labor organizations claiming to re'pre'--
- sent employees directly affected by the investigation : Aircraft Work-
ers Alliance, Inc., herein called the A. W: A.; International Associa-
tion of Machinists, District 54, herein'called the I. A. M.; and Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of North America, Truck Drivers Union, Local No. 407,
herein called the Teamsters. Pursuant to notice, a hearing was held
on March "19, 1942, at Cleveland,--Ohio, before Max W. Johnstone,
the Trial Examiner, duly designated,by the Chief Trial Examiner.
The Companies, the U. A. W., the A. W. A., the Teamsters,' and
the I. A. M. were represented by counsel and participated in the
hearing. Full opportunity to be heard, to examine and cross-exam-
ine' witnesses, 'and to introduce evidence bearing' on the issues was
afforded all parties.
At the commencement of -the hearing, the Trial Examiner denied
a motion to intervene filed by Automotive And Aircraft Workers:
Alliance, Inc., herein called the A. A. W. A. In a previous unfair
labor practice proceeding in which Thompson Products, Inc., and
the A. A. W. A. were parties, the Board found the latter to be com-
pany-dominated and ordered- it to be, disestablished and, its contract
with Thompson Products, Inc., to be set aside.2 A petition for
enforcement of the Order entered' by the' Board in that proceeding
is presently pending in the United States Circuit Court of Appeals
At the hearing, the Teamsters withdrew 'from the proceeding , stating that it had no
further interest therein
2Matter of Thompson Products, Inc and United Automobile Workers'of America Local
300 (CIO ), 33 N. L.R. B. 1033
T'HOMPSION PRODUCTS, -INC. ' 409
for the Sixth Circuit . The A. A. W. A. contends that, pending
judicial enforcement of the Board's order of disestablishment, it
.has an interest in this proceeding because of its membership of 3,549
employees at the Cleveland plants of Thompson Products , Inc., and
because of its contract with that Company . The contention is with-
out merits The Trial Examiner 's denial of the motion to intervene
is hereby affirmed.
At the hearing, the U. A. W. moved to amend its amended petition
so as to allege that a separate unit for the employees of each of the
two Companies at their respective plants at Cleveland- alid Euclid,
Ohio, is appropriate . The motion was granted without objection.
During the course of the hearing , the Trial Examiner made various
other rulings on motions and on the admission of -evidence. The
"Board has reviewed all the rulings of the Trial Examiner , and finds
that no prejudicial errors were committed . The rulings are hereby
affirmed.
At the close of the hearing , the Companies moved that the I. A. M.
be dismissed as a party to the proceeding because it had not shown
that it represented a substantial number of the employees herein
involved . The'Trial Examiner reserved ruling on this motion. Fo"r
the reasons hereinafter stated,4 the motion is hereby denied . Subse-
quent to the hearing, the Companies and the I. A. M. filed briefs, which
have been considered by the Board. '
Upon the entire record in the case , the Board makes the following..:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANIES
Thompson Products, Inc., Cleveland, Ohio, and Thompson Aircraft
'Products Company, Euclid, Ohio, are engaged in the manufacture of
airplane and automotive parts at their respective plants at Cleveland
and Euclid, Ohio. Thompson Aircraft Products Company is a wholly
owned subsidiary of Thompson Products, Inc. In 1941, Thompson
Products, Inc., purchased, for use in its Cleveland plants, raw materials
valued at $8,819,139, of which approximately 46 percent was obtained
from outside the State of Ohio. During the same year, products of
.these plants valued at $21,681,834 were sold by Thompson Products,
Inc. Approximately 93 percent of these finished products. were sold
and transported to purchasers outside the State of Ohio. .
8Matter of John A. Roebling's Suns Company and Steel Workers Organizing Committee,
Locals 2110 and 2111, affiliated with the C . I. 0, 31 N. L R. B 160. Cf Matter of
Bethlehem Steel Corporation, Bethlehem Steel Company, and South Buffalo Railway Co.
and Steel Workers Organizing Committee, Local Union 1024, C I. 0., 30 N. L R. B. 1006.
4 See Section VI, snfra.
(410 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Thompson Aircraft Products Company, in the course of operating
its Euclid plant during the months of December 1941 and January
1942,5 purchased raw materials valued at $641,865, of which approxi-
mately 76 percent was obtained from points without the State of Ohio.
-During the months of January and February 1942, Thompson Aircraft
Products Company sold finished products valued at $451,495, of which
approximately 80 percent was shipped to points outside the State of
.Ohio.
Both Companies concede that they are engaged in commerce, within
.the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America, Local No. 300, is a labor organ-
ization affiliated with the Congress of Industrial Organizations.
Aircraft Workers Alliance, Inc., is an unaffiliated labor organization.
International Association of Machinists, District'54, and Interna-
tional Brotherhood of Teamsters, Chauffeurs, Warehousemen and
Helpers of North America, Truck Drivers Union, Local No. 407, are
labor organizations affiliated with the American Federation of Labor.
Each of these labor organizations admits to membership employees
of the Companies.
III. THE QUESTIONS CONCERNING REPRESENTATION
It was stipulated at the hearing, and we find, that the Companies
have refused to recognize the U. A. W. as the exclusive bargaining
representative for their respective employees in the units claimed as
appropriate because : (1) they do not believe that the U. A. W. repre-
sents a majority of the employees in said units, and (2) Thompson
Aircraft Products Company has a presently existing contract with the
A. W. A., granting it exclusive recognition,6 and Thompson Products,
Inc., has a presently existing contract with the A. A. W. A., granting
it exclusive recognition.7
6 Thompson Aircraft Products Company has been in operation only since the beginning
of 1942.
6 The contract , which runs for a period of 2 years, was entered into on January 6, 1942.
At the hearing, Thompson Aircraft Products Company and the A. W A waived the con-
tract as a bar to any election which might be directed by the Board.
4 This contract , was not introduced into evidence at the hearing . It is, apparently, the
contract which was set aside in Matter of Thompson Products , Inc., and United Automobile
Workers of America Local 300 (C . I. 0.), 33 N. L . R B. 1033. In any event , a contract
.with' an 'employer -dominated labor organization constitutes no bar to a - determination of
representatives
'
Matter of Standard Oil Company (Indiana ) and Oil Workers ' Inter-
national Union , 25 N. L . R B- 1190.
TITOMPSION PRODUCTS, INC. 411
It was further, stipulated, and we find, that both the U. A. W. and
the A. W. A. have a substantial interest in the representation of em-
ployees of Thompson Aircraft Products Company in the unit herein-
after found appropriate, and that the U. A. W. has a substantial inter-
est in the representation of employees of Thompson Products, Inc., in
the unit hereinafter found appropriate.s
We find that questions have arisen concerning the representation of
employees of the Companies.
IV. THE EFFECT OF THE QUESTIONS CONCERNING THE REPRESENTATION UPON
COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Companies
described in Section I above, have a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tend to lead to labor disputes burdening and obstructing-commerce and
the free flow of commerce.
V. THE APPROPRIATE UNITS
It was stipulated by all the parties, and we find, that: (1) all pro-
duction and maintenance employees of Thompson Products, Inc., at,
its Cleveland, Ohio, plants,9 excluding office and clerical employees,
8 The Regional Director reported that the Ti A W. submitted approximately 2200 au-
thorization and membership cards, and that the cards were not checked against the pay
roll of either Company because ( 1) employees were being shifted between plants of the
two Companies ; and (2 ) the pay rolls submitted by the Companies were in individual card
form - (numbering several thousand ) and were alphabetized only by, departments . The Re-
gional Director stated that , in view of the presently existing contract between Thompson
Aircraft Products Company and the A. W. A, no investigation was made as to the extent
of A W. A membership . At the time of the hearing , there were approximately 4000 em-
ployees in the alleged appropriate unit at the plants of Thompson Products , Inc, involved
in this proceeding , and 3000 in the alleged appropriate unit at the plant of Thompson
Aircraft Products Company involved in this proceeding
A statement of the Trial Examiner , which is part of the record , shows that the I A M.
submitted current dues records containing a total of 160 names ; that 60 of these names
appear on the January 15, 1942 , pay roll of Thompson Products , Inc. ; and that 4 appear
on the January 15, 1942, pay roll of Thompson Aircraft Products Company. As herein-
after appeals, the I A \I seeks a place on the ballot only in any election that may be
ordered at the Cleveland plants, herein involved , of Thompson Products , Inc. The January
15, 1942 , pay roll of Thompson Products , Inc, contained approximately 5390 names ; that
of Thompson Aircraft Products Company contained approximately 1518 names.
O The Cleveland, Ohio, plants of Thompson Products, Inc, as stipulated at the hearing,
include tie "main plant at 2196 Clarkwood Road, which plant includes the railway build-
ing, the Ossan Building , the Mosier Bag Building , and the foundry" ; a "warehouse at
2209 Ashland Road" ; the "Scranton Road piston plant" ; a "warehouse at 30th and Chester
Street" ; and "all other Cleveland , Ohio plants of Thompson Products, Inc."
412 DECISIONS OF 'NATIONAL. LABOR"-RELATIONS BOARD
supervisory employees,11 foremen, assistant foremen, time-study and
plant-protection employees, 'and outside'truck drivers; and' (2) all pro-
duction and maintenance employees of Thompson Aircraft Products
Company `dt its Euclid; Ohio, plant, excluding office and clerical em-
ployees, supervisory employees," foremen, assistant foremen, time-
study and plant-protection employees, and outside truck drivers, con-
stitute appropriate units.
We further find that said units will insure to employees of the
Companies the full benefit of their right to self-organization and to
collective bargaining and otherwise will effectuate the policies of the
Act.
VI. THE DETERMINATION OF REPRESENTATIVES
- We find that the questions concerning representation which have
arisen can best be resolved by the holding of elections by secret ballot.
At the hearing, the Companies moved that the I. A. M. be dismissed
as a party to the proceeding on the ground that it had failed to show
any substantial interest. The I. A. M. seeks a place on the ballot only-
in any election that may be directed at the Cleveland, Ohio, plants of
Thompson Products, Inc. Its claim of interest is-based, primarily, on
its "long'history of existence"- in those plants 12 The U. A. W. sup-
ports the I. A. M.'s claim that it should be given a place on the.ballot
in any election among employees-of Thompson Products, Inc. Under
the circumstances, we shall direct that the name of the I. A. M. appear
on the ballot - in, the' election hereinafter directed to beheld among the
employees of Thompson Products, Inc., at its Cleveland, Ohio, plants.13
The U. A. W. has requested that pay-roll dates "nearest to the
hearing" be used to determine eligibility to vote in any elections which
may be directed; the Companies and the A. W.- A. have asked for
current pay-roll dates; and the I. A. M. has taken no position as to
eligibility date. We are of the opinion that the interests of all parties
will be best served by using current pay rolls, as is our practice. Ac-
"It was further stipulated that the term "supervisory employees " Includes general
foremen , shift foremen , assistant foremen, and supervisors.
UIt was further stipulated that the term "supervisory employees " includes general
foremen, shift foremen , assistant foremen, and supervisors.
'- The -I. A. M. asserts that it started organizing the Cleveland employees of Thompson
Products , Inc , in 1933 ; that efforts to enter into a contract with that Company were
frustrated by the formation of a company -sponsored union ; that the I. A. M called an
unsuccessful strike in 1935 ; that , since the strike, the I A. M. has continued its organiza-
tional work , but employees have been afraid to sign membership cards ; and that these
employees would vote for the I A. M. if they were afforded an opportunity to participate
in a secret ballot
'3 Matter of E. P. Dutton & Son, Inc. and Book and Magazine Guild, Local 18, U. O. P.
W. A (C. I. 0.), 33 N L R B 761, and cases therein cited ; Matter of Marshall Field
& Company and Local 291, United Retail, Wholesale and Department Store Employees of
America ( C I. 0.), 35 N. L. R. B. 1200. Cf. Matter of General Motors Corporation and
i American Power Association , Independent, 36 N. L . R. B. 439
THOMPSION PRODUCTS, INC. 413
cordingly, we shall direct that the employees of the Companies eligible
to vote in the elections hereinafter directed shall be those in the ap-
propriate units who were employed during the pay-roll periods im-
mediately preceding the date of the Direction of Elections herein,
subject to the limitations and additions 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. Questions affecting commerce have arisen concerning the rep-
Iesentation of employees at the Cleveland, Ohio, plants of Thompson
Products, Inc., Cleveland, Ohio, and of employees at the Euclid, Ohio,
plant of Thompson Aircraft Products Company, Euclid, 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 Thompson Prod-,
ucts, Inc., at its Cleveland, Ohio, plants, excluding office and clerical
employees, supervisory employees, foremen, assistant foremen, time-
study and plant-protection employees, and outside truck drivers, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
3. All production and maintenance employees of Thompson Air-
craft Products Company, at its Euclid, Ohio, plant, excluding office
and - clerical employees, supervisory employees, foremen, assistant
foremen, time-study and plant-protection employees, and outside truck
drivers, constitute a unit appropriate for the purposes of collective
bargaining, within "the meaning of Section 9'(b). of the National Labor
Relations Act.
DIRECTION OF ELECTIONS
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, and pursuant to Article III, Section 8, of National Labor
Relations 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 Thompson Products, Inc., Cleveland, Ohio, and with Thompson
Aircraft Products Company, Euclid, Ohio, elections 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,
11
414 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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: (1) all production and maintenance employees of Thompson
Products, Inc., at its Cleveland, Ohio, plants, who were employed dur-
ing the pay-roll period immediately preceding the date, of this Direc-
tion, 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 office and clerical employees, supervisory employees, fore-
men, assistant foremen, time-study and plant-protection employees,
outside truck drivers, and those employees who have since quit or been
discharged for cause, to determine whether they desire to be rep-
resented by International Union, United Automobile, Aircraft and
Agricultural Implement Workers of America (U. A. W.-C. I. 0.)
Local No. 300, or by International Association of Machinists, District
54, for the purposes of collective bargaining, or by neither; and (2)
all production and maintenance employees of Thompson Aircraft
Products Company, at its Euclid, Ohio, plant, who were employed
during the pay-roll period immediately preceding the date of this
Direction, 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 office and clerical employees, supervisory employees, fore-
mien, assistant foremen, tine-study and plant-protection employees,
outside truck drivers, and those employees who have since quit or been
discharged for cause, to determine whether they desire to be rep-
resented by International Union, United Automobile, Aircraft and
Agricultural Implement Workers of America (U. A. W.-C. I. 0.)
Local No. 300, or by Aircraft Workers Alliance, Inc., for the, purposes
of collective bargaining, or by neither.