Wagner Electric Corp.

National Labor Relations Board - Board Decisions

Nov 11, 1943

53 N.L.R.B. 543 (N.L.R.B. 1943)

In the Matter of WAGNER ELECTRIC CORPORATION and UNITED ELEC-
TRICAL , RADIO AND MACHINE WORKERS OF AMERICA, CIO
Case No. 14-R-773.Dlecided November 11, 1943
Messrs. Milton F. Tucker and Ralph V. Boeringer , both of St.
Louis, Mo., for the Company.
Messrs. Robert B. Logsdon and Joseph Cordia, both of St. Louis,
Mo., for the Union.
Hr. David V. Easton , 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, CIO, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Wagner Electric Corporation, St. Louis, Missouri.
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Harry G.
Carlson, Trial Examiner. Said hearing was held at St. Louis,
Missouri, on October 21 and 22, 1943. 'The Company and the Union
appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce
evidence bearing upon the issues. The Company made a motion at
the hearing to dismiss the petition herein which the Trial Examiner
referred to the Board. For reasons hereinafter stated this motion is
denied. The Trial Examiner'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.
Upon the entire record in the case the'Board makes the following:
FINDINGS OF FACT
THE BUSINESS OF THE COMPANY
Wagner Electric Corporation, a Delaware corporation with its
,plant and principal place 'of business located in St. Louis, Missouri,
53 N L R B, No. 97.
543
544 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
is engaged in the manufacture of electric products such as motors,
transformers, fire control equipment, etc. During the year 1942.
the Company's purchased of raw materials, consisting of steel cast-
ings, wire and other materials, exceeded $100,000 in value, of which
approximately 50 percent was transported to its St. Louis plant from
points outside the State of Missouri. During the same period the
Company manufactured and sold finished products valued in excess
of $100,000, of which approximately 80 percent was shipped to points
outside the State of Missouri. The Company admits that it is engaged
in commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local 1104, United Electrical, Radio and Machine Workers of
America, is a labor organization affiliated with the Congress of Indus-
trial Organizations, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 23, 1943, the Union filed a petition seeking to represent all
employees of the Company engaged as timekeepers and expediters.'
On August 17, an Agreement for Cross-Check was executed by the
parties and pursuant thereto, a cross-check-was conducted under the
supervision of the Regional Director. The results of the cross-check
showed that the Union represented 47 of the 128 employees in the unit
sought. Since the Union failed to demonstrate a majority status, the
petition was dismissed on August,21, 1943. . ,
On or about September 8, 1943, the *Union made an oral request for
recognition as the representative of a unit of•employees of the Com-
pany substantially similar to those who were the subject of the cross-
check agreement. The Company refused to grant such recognition
on the ground that the Union had just recently been rejected as the
representative of these employees. .On the same date, the Union filed
the petition herein. '
The Company contends that the cross-check has the same effect as
an election, and that it constitutes a bar to this proceeding. The
Company argues, in effect; that to permit a new petition to be filed 18
days after the dismissal of a prior petition fails to give effect to the
results of the prior proceeding and would unstabilize industrial re-
lations. We do not agree. The stability in industrial relations which
it is the policy of the Act to achieve is bottomed on the procedure of
collective bargaining and not the absence of such bargaining. We
have heretofore found that a consent election held under Board
auspices in which no bargaining representative was chosen does not,
I Case No. 14-R-724.
WAGS EIR ELECTRIC CORPORATION 545
constitute a bar to a current determination sought -by the same peti-
tioner when the petitioner has procured substantial additional designa-
tions in the proposed unit 2 We have, heretofore, further held that
such an election does not constitute a bar even though the consent
election agreement was approved by the Regional Director and con-
tained a proviso to the effect that the parties were to be bound by the
results of the election for a period of at least 1 year.3 However, here
no such proviso was contained in the cross-check agreement between
the Company and the Union. The Union has now submitted addi-
tional designations indicating an apparently majority representation
and demonstrated a substantial interest in this proceeding. We are
of the opinion that a refusal to entertain a new petition at this time
would defeat the rights of employees guaranteed by the Act, and would
be contrary to the policy of the Act to encourage the practice and
procedure of collective bargaining. Accordingly, we find that the
prior cross-check does not constitute a bar to this proceeding.
Statements of the Regional Director and the Trial Examiner
introduced into evidence at the hearing indicate that the Union rep-
resents 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
Substantially in accordance with the agreement of the parties, we
find that all factory clerical employees of the Company, including
factory time clerks, expediters , production clerks,5 but excluding gen-
eral office and clerical employees wherever employed ," supervisory
employees with authority to hire, promote , discharge, discipline, or
See Matter of Chrysler Corp . 37 N. L ' R. B 877; also Matter of New York Central
It on Works, 37 N. L. R. B. 894 ; Matter of Detroit Nut Company, 39 N. L. R. B. 739
8 Matter of Automatic Products Co. 40 N. L. R. B. 941.
4 The Regional Director reported that the Union submitted 76 designations of which 68
bore the apparently genuine original signatures of persons appearing on the Company's
pay roll of August 15 , 1943. Said pay roll contained the names of 128 persons within
the appropriate unit.
The Trial Examiner , at the hearing, reported, that the Union had submitted 26 addi-
tional designations bearing apparently genuine original signatures; and that these
designations indicated that the persons whose names appeared thereon were employed
by the Compay as cost clerks , stock clerks , production clerks , and typist clerks, and
expediters . Each of these classifications is included within the unit herein sought by
the Union . • According to the Company , the appropriate unit contains approximately 132
persons.
5"Production clerks " includes ( a) clerks in the transformer shop in Building 1, (b)
clerks, typist clerks, and stone loom record clerks in Building 18, (c) Amphledyne clerks
in Building 17, and ( d) clerks in the large motor shop.
"Because of lack of space , some general office emplolees are located outside the general
office.
546 DECISIONS OF NATIONAL, LABOR RELATIONS BOARD
otherwise effect changes in', the, • status of,,employees,, or effectively
recommend such action, and all other employees, of the Company ,con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.7
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-
rollperiod immediately preceding the date of the Direction of Elec-
tion 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 National Labor Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules 'and Regulations-Series 2, as amended; it 'is
hereby
DIRECTED that, as part of the investigation to ascertainrepresenta-
tives for the purposes of collective bargaining with Wagner Electric
Corporation;' St. Louis, Missouri, 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 Fourteenth Region, acting in this
matter as agent for the National Labor Relations Board, and sub-
ject 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 said pay-roll period because they were ill or on vacation
or temporarily laid oft, and including employees in the armed forces
of the United States who present themselves ,in, person at the polls,
but excluding those employees who have since quit or been discharged
forcause and have not been rehired or reinstated' prior to the d,at,e of
the election, to determine whether or not they desire to be represented
by Local 1104, United Electrical, Radio and "Machine Workers, of
America, CIO, for the purposes of collective bargaining.
MR. GERARD D. Rn1LLY took no part in the consideration of the
above Decision and Direction of Election.. •
7 See Matter of Union Carbide and Carbon Co. 46 N . L. R 11.1107.
8 The Union requested that it be designated on the ballot as "Local 1104, United
Electrical , Radio & Machine Workers of America, CIO." This request is hereby granted.