Willard Storage Battery Co. of California

National Labor Relations Board - Board Decisions

Dec 26, 1942

46 N.L.R.B. 425 (N.L.R.B. 1942)

In the Matter of Wrr Lmm STORAGE BATTERY COMPANY OF CALIFORNIA
and UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT
Woiuc its OF AMERICA, LOCAL 509, C. I. O.
Case No. R-4,548.Decided December 26, 1942
Jurisdiction : battery manufacturing industry. _
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition without Board certification ; contract with organiza-
tion which attempted to dissolve itself and whose existence was an unresolved
doubt, held no bar ; election necessary
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, excluding clerical employees and supervisors with the power to hire
and discharge.
Messrs. Flint & Mackay and Mr. Edward L. Compton, of Los Angel
les, Calif., for the Company.
Mr. Milton S. Tyre, Mr. Clarence L. Johnson, Mr. Victor M. George
and Mr. Hugo V. Wild, of Los Angeles, Calif., for the C. I. O.
Mr. Bernard McKernan and Mr. Wilber Kelley, of Los Angeles,
Calif., for the Association.
Mr. William C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE.CASE
Upon petition -duly filed by United Automobile, Aircraft & Agri-
cultural Implement Workers of America, Local 509, C. I. O., -herein
called the C. I. 0., alleging that a question affecting commerce had
arisen concerning the representation of employees,of Willard Storage
Battery -Company of California, Los Angeles, California, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon`due notice,before Charles M. Ryan, Trial
Examiner. Said hearing was held at Los Angeles, California, on No-
vember.12 rand 13, 1942., TheCompany, the,C. I. O., and Willard
Storage Battery Employees Association, herein'ca'lled the Association,
appeared, participated, and were afforded full opportunity to be,heard,
to examine and cross-examine witnesses, and to introduce evidence
46 N. L. R. B., No. 53.
425
426 DE:CLSIONS OF NATIONAL LABOR RELATIONS BOARD
bearing upon the issues. The Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed. The
Company filed a brief which the Board has considered.
Upon the entire record in the case the Board makes the following:
FINDINGS OF, FACT
I. THE BUSINESS OF THE COMPANY
Willard Storage Battery Company of California is a Delaware
corporation engaged at Los Angeles, California, in the manufacture
and sale of storage batteries. During the calendar year 1941, the
Company purchased and used raw materials, consisting of lead, sul-
phuric acid, sealed compound and fabricated articles made from rub-
ber, asphaltum and lead, valued at approximately $1,307,000.
Approximately $310,000 worth of these raw materials were purchased
outside the State of California. During the same period the Com-
pany sold finished products valued at approximately $1,735,000, of
which $390,000 represents the amount sold to purchasers outside the
State of California. The Company admits that it is engaged in com-
merce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Automobile, Aircraft & Agricultural Implement Workers
of America, Local 509, is a labor organization affiliated with the Con-
gress of Industrial Organizations. It admits to membership employees
of the Company.
Willard Storage Battery Employees Association is an unaffiliated
labor organization admitting to membership employees of the Com-
pany.
III. THE QUESTION CONCERNING REPRESENTATION
On or about August 17 and 25,1942, the C. 1. 0. notified the Company
that it represented a majority of the employees in an appropriate
bargaining unit. The Company refused to recognize the C. I. O.
unless and until it is certified by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the C. I. O. represents a substantial number
of employees in the unit hereinafter found appropriate.,'
1 The report of the Regional Director states that the C . I. O. submitted 91 application-
for-membership cards bearing apparently genuine signatures ; that these cards are dated
between July and September 1942, and 71 of the signatures appearing thereon are the
names of persons whose names are on the Company's pay roll of September 21, 1942, which
contains the names of 103 employees in the alleged appropriate unit. An official of the
Company testified at the hearing that there were 142 employees in the appropriate unit as
of November 5, 1942.
JITILLARD STORAGE BATTERY COMPANY 427'
The record discloses that on April 11, 1941, pursuant to the results
of a consent election in which a majority of the, Company's employees
designated the Association as their collective, bargaining representa-
tive, the Company and,the Association entered into a contract covering
all hourly paid employees of the Company. On April 11, 1942, the
contract was renewed for 1 year.. On July 14, 1942, at a regular meet-
ing of the Association a motion to dissolve the Association was made
from the floor by one of the members. The president, acting as chair-
man, ruled that the motion was improper and the meeting adjourned
without any further action being taken with respect to dissolution.
Thereafter approximately 40 members of the Association signed
C. I. O. application-for-membership cards. On August 7, 1942, at the
next regular meeting of the Association, a resolution to dissolve the
Association was. again presented and put to a vote. The,result of the
balloting, as testified to by the secretary-treasurer of the Association,,
indicates that 34 of the 51 members eligible to vote were present and
that 29 votes were cast in favor of the resolution, one vote being cast
against the resolution and 4 of the members present failing to vote-
A few days later the Association mailed a copy of the resolution to the
Company and on September 4, 1942, the conference committee of the
Association met with officials of the Company and reported on the
August 7 meeting. The Committee further advised the Company that
it was of the opinion that the Association had been legally dissolved-
The Association's bylaws contain no provision with respect to the
procedure for dissolution. The Association has held no meetings, nor
have any dues been collected since August 7, 1942.
The C. I. O. contends that the Association was properly dissolved
and that as a result thereof the afore-mentioned contract was rendered
void inasmuch as one of the contracting parties went out of existence.
The Company, on the other hand, argues that the Association is still
in existence since'the attempt at dissolution was illegal and therefore
the contract is still a valid subsisting agreement. The Association's
position asserted at the hearing is that the dissolution was properly
effectuated and that it no longer has a contract with the Company.
Inasmuch as there is an unresolved doubt as to the continued existence
of the Association, we find that the contract between the Company and
the Association does not constitute a bar to a present determination of
representatives.2
We find that a question affecting commerce has arisen concerning
the representation of the employees of the Company within the mean-
ing of Section 9 (c) and, Section 2 (6) and (7) of the Act.
2 See Matter of United Stove Company and International Union, United Automobile
Workers of America, affi liated with the Congress of Industrial Organizations , 30 N. L. R. B.
305; Matter of National Battery Company and International Brotherhood , of Electrical
Workers, Local Union B-1192, 28 N. L. R. B. 826.
428 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
I.V. THE APPROPRIATE UNIT
The C : I. O. claims that all production and 'Inaintenance employees,
excluding clerical employees and supervisors ' with the power to hire
and discharge , comprise an appropriate unit. Neither the Company
nor the Association expressed an opinion as to the appropriate unit.
The above -mentioned contract between the Company and the Associa-
tion covers all hourly paid employees of the Company . The record
shows that all hourly paid employees are in fact production and
maintenance employees , since clerical employees and supervisors with
the authority to hire and discharge are paid on a salary basis. Inas-
much as the unit claimed appropriate by the C. I. O. and 'the unit
established by the contract between the Association and the Com-
pany,are identical, we are of the opinion that th'e`unit claimed by the
C. I. O. is an appropriate bargaining unit. Accorduigl), we find that
all production and maintenance employees of the Company, excluding
clerical employees and supervisors with the power to hire and discharge
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
Although the C. I. 0. contends that the pay-roll date immediately
preceding the filing of its petition herein should be used in determin-
ing the eligibility of employees to vote in the election , we perceive no
valid reason for departing from our usual practice in this matter.
Accordingly we shall direct that the questidn concerning representa-
tion 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 our Direction of
Election herein , subject to the limitations .and additions set forth
in the Direction.
The Company urged that, if the Board ordered an election, the
Association should be afforded a place on the ballot. Inasmuch as
there is some doubt as to whether the Association was properly dis-
solved, we shall afford it a place on the ballot.
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 Relations
Board Rules and -Regulations-Series 2, as amended , it is hereby
DIRECTED that, as part of the investigation to ascertain represents-
Gives for the purposes of collective bargaining with Willard Storage
Battery Company 'of California ; Los Angeles; California , an election
WILLARD STORAGE BATTERY COMPANY 429
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 direc-
tion and supervision of the Regional Director for the Twenty-first
Region, acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Section 10, of said Rules and Regula-
tions, 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 off, and including employees in the armed forces
of the United States who present themselves in person at the polls,,
but excluding employees who have since quit or been, discharged for-
cause, to determine whether they desire to be represented by United!
Automobile, Aircraft & Agricultural Implement Workers of America,
Local 509, C. I. 0., or by Willard Storage Battery Employees Associa-
tion, for the purposes of collective bargaining, or by neither.