Universal Battery Co.

National Labor Relations Board - Board Decisions

Aug 7, 1942

42 N.L.R.B. 1301 (N.L.R.B. 1942)

In the Mattel Of UNIVERSAL BATTERY COMPANY and UNITED ELECTRI-
CAL, RADIO AND MACHINE WORKERS OF AMERICA (C. I O) '
1
Case No. R--4026-Decided August 7, 1942
Jurisdiction : stoiage battery manufacturing industry
Inve3tigation and Certification of Representatives : existence of question re-
fusal to accord petitioner recognition on ground of existing contract with rival
organization, contract which had expued held no bar, election necessary
Unit Appropriation for Collective Bargaining : all production and maintenance
employees, excluding watchmen, clerical employees, and supervisors who do
not use tools ; stipulation as to.
Mr. Albert H. Cohn, of Chicago, III, for the Company.
Mr Ernest De Maio, of Chicago, Ill, 'for the United.
Mr. William M. Taylor and Mr. Anthony J. Pusateri, of Chicago,
Ill , for the I B. E. W. -
Mr Charles W Schneider, of counsel to the Board,
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio and Machine
Workers of America, C. I 0, herein called the United, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Universal Battery Company, Chicago, Illinois,
herein called the Company,'the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Robert E
Dickman, Trial Examiner Said hearing was held at Chicago, Illi-
nois, on July 7, 1942 The Company, the United, and International
Brotherhood of Electrical Workers, Local B-713, herein called the
I B. E W, 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 prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
42NLRB,No237
1301
1302 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Universal Battery Company is an Illinois corpoi ation engaged in
the manufacture, sale, and distribution of storage batteries at a plant
in Chicago, Illinois The principal raw materials used by the Com-
pany are lead and lead oxides, hard-rubber and composition battery
cases, wood separators, sulphuric acid, hard-rubber covers and vents,
and fiberglass separators. During 1941 the Company purchased raw
materials valued at approximately $380,000, 25 percent of which
originated outside the State of Illinois During the same period
the Company sold finished products valued at $530,130 03, 35 per-
cent of which was shipped to points outside the State of Illinois.
The Company concedes that it is engaged iii commerce within the
meaning of the National Labor Relations Act.
II THE ORGANIZATIONS INVOLVED
United Electrical , Radio and Machine Workers of America is a
labor organization affiliated with the Congress of Industrial Organi-
zations, admitting to membership employees of the Company.
International Brotherhood of Electrical Workers, Local B-713,
is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III THE QUESTION CONCERNING REPRESENTATION
On June 11, 1942, the United notified the Company that it repre-
sented a majority of the Company's production and-maintenance
employees and requested recognition The Company declined to
recognize the United, on the ground that it was operating under a
contract with the I B E W and was at that time arbitrating a
wage dispute with that organization.
On June 1, 1941, the Company and the I. B E W. entered into
a contract, expiring June 1, 1942, in which the Company recognized
the I B E. W as exclusive bargaining representative of all em-
ployees, "exclusive of the office force and superintendents who do not
use tools " The agreement made membership in the I. B. E. W. a
condition of employment. '
The contract further provided that it would be automatically re
newed from year to year after the expiration date
... unless written notice is given by either party hereto to the
other on or before sixty (60) days prior to the annual termina-
tion date, requesting that the Agreement be amended or canceled.
If amendment is desired, the contents of the amendment shall
UNIVERSAL BATTERY COMPANY 1303
be submitted by either party to the other not later than thirty
(30) days prior to any termination date. However, changes
mutually agreeable to the representatives of both parties may
be made at any time.
On March 26, 1942, the I B E W notified the Company of its
desire to amend the agreement, and on April 29 submitted the follow-
ing proposed amendment "All days rates are to be increased 200 per
hour "
The parties were unable to agree upon the wage clause On or
about June 10 all the employees in the alleged'appropriate unit appear
to have ti ansferred their affiliation from the I B E W to the United,
and on June 11 the United notified the Company of its interest On
the same day the Company and the I B E W met and agreed to
refer the dispute to arbitration and to select a seventh arbitrator,
"if possible"'
On June 12 the United filed its petition for ceitification
Although the I B E W's position apparently is that the contract
is a bar to an election, it does not urge that the agreement has been
automatically renewed On the contrary, its representative stated at
the hearing that "we are not relying on the renewal clause " That
representative further stated that it was the I B E W's intention to
replace the old conti act with a new one when the wage clause had been
agreed upon The president of the Company testified that it was also
his understanding that the old contract would be replaced by a new one
On these facts we are of the opinion, and find, that the June 1, 1941,
contract does not constitute a bar to an election at this time, for it had
expired and had not been renewed or supplanted by the time the
United presented its claim.
A report of the Regional Director introduced into evidence at the
hearing, and other evidence submitted at the hearing, indicate that the
United represents a substantial number of employees within the unit
which we hereinafter find to be appropriate 2
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
production and maintenance employees, excluding watchmen, clerical
'Arbitration machinery set up in the contract provided that disputes which could not
be settled between the parties should be submitted to arbitrators for a final decision, three
arbitrators to be chosen by the Company and three by the Union, the seventh to be selected
by the arbitrators themselves The July 11 agreement with respect to selection of the
seventh arbitrator was thus a departure from the method provided in the contract
2 The United submitted application-baigaining authorization cards, and a signed petition,
indicating that the United represents all the employees in the appropriate unit On June
15, 1942, there were approximately 17 such employees
1304 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees, and supervisors- who do not use tools, 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 shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
employees 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 Rela-
tions Act, 49 Stat 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended , it is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Universal Battery
Company, Chicago, Illinois, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from
the date of this Direction of Election, under the direction and super-
vision of the Regional Director for the Thirteenth 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 the employees of the Company in the unit found to-be appro-
priate 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
any who have since quit or been discharged for cause, to determine
whether they desire to be represented by United Electrical, Radio and
Machine Workers of America, affiliated with the Congress of Indus-
trial Organizations, or by International Brotherhood of Electrical
Workers, Local B-713, 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. -