Williams Brothers

National Labor Relations Board - Board Decisions

Jul 30, 1941

33 N.L.R.B. 923 (N.L.R.B. 1941)

In the Matter Of WILLIAMS BROTHERS and LOCAL 931, UNITED ELEC-
TRICAL, RADIO AND MACHINE WORKERS OF AMERICA (C. I. 0.)
Case No. B-2667.-Decided July 30, 1941
Jurisdiction : paper box manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord union recognition until it is certified by the Board; election
necessary.
Unit Appropriate for Collective Bargaining : all hourly rated employees of the
Company including truck drivers but excluding office and clerical employees,
supervisors empowered to hire or discharge or to recommend hiring or dis-
charging of employees ; agreement as to.
Harvey & Fisher, by Mr. W. P. Harvey, of Benton, Harbor, Mich.,
for the Company.
Mr. John T. Go jack, of St. Joseph, Mich., for the United.
Mr. Robert Fousek, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 5 and June 18, 1941, respectively, Local 931, United Elec-
trical, Radio & Machine Workers of America. (C. I. 0.), herein called
the United, filed with the Regional Director for the Seventh Region
(Detroit, Michigan) a petition and an amended petition. alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Williams Brothers, St. Joseph, Michigan, herein
called the Company, 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 June 23, 1941,
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 June 18, 1941, the Regional Director issued a notice of hearing;
copies of which were duly served upon the Company and the United.
33 N. L. R. B., No. 165.
923
924 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to notice, a hearing was held on June 25, 1941, at St. Joseph,
Michigan, before C. Edward Knapp,-the Trial Examiner duly desig-
nated by the Chief Trial Examiner. All parties were represented
and- participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bearing
upon the issues was afforded all parties. During the course of the
hearing, the Trial Examiner made several rulings on motions and on
objections to the admission of evidence. The Board has reviewed the
rulings of the Trial Examiner and finds that no prejudicial errors were
committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Williams Brothers is a Michigan partnership having its principal
office and place of business in the city of St. Joseph, Michigan. The
Company is engaged in the manufacture of set-up paper boxes. Raw
materials purchased during the calendar year totaled approximately
$100,000, of which approximately 70 percent was purchased and shipped
to the Company from sources outside the State of Michigan. Total
sales of the Company during the calendar year of 1940 were approxi-
mately $275,540, of which 'approximately 80 percent was sold and
shipped to points-outside the State of Michigan.
II. THE ORGANIZATION INVOLVED
Local 931, United Electrical, Radio & Machine Workers of America,
is a labor organization affiliated with the Congress of Industrial Or-
ganizations. It admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The United, claiming to represent a majority of the employees of the
Company, requested the Company to grant it exclusive recognition
for such employees. The Company denied this request until such time
as the United is certified by the Board as such representative.
A statement prepared by the Regional Director and introduced into
evidence discloses that the Regional Director found that a substantial
number of, employees of the Company had designated the Union as their
bargaining agent,,
1 The Regional Director reported that the United had submitted to him application-for-
membership cards in the United.
WILIIIA'MS BROTHERS 925
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has arisen,
occurring in connection with the operations of the Company described
in Section I, above, has a close, intimate, and substantial relation to
trade, traffic, and commerce among the several States and tends to lead
to labor disputes burdening and obstructing commerce and the free
flow of commerce.,
V. THE APPROPRIATE UNIT
The Company and the United agreed at the, hearing, and we find,
that all hourly rated employees of the Company, including truck
drivers, but excluding office and clerical employees, and supervisors em-
powered to hire or discharge or to recommend hiring or discharging
of employees, constitute a unit appropriate for the purposes of collec-
tive bargaining. ' We find further that said unit will insure to the
employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate the
policies of the Act.
VI. 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 United and the Company ask that the pay roll of the Company
for the week of June 19, 1941, be used to determine eligibility to vote
in the election. There was no reason given by either party for choosing
this pay-roll date. Under all the circumstances, we shall, in accord-
ance with our usual practice, 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 immediately preceding
the date of the Direction of Election herein, subject to such limitations
and additions as are set forth in the Direction of Election.
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. A question affecting commerce has arisen concerning the rep-
resentation of employees of Williams Brothers, St. Joseph, Michigan,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
National Labor Relations Act.
2. All hourly rated employees of the Company, including truck
drivers, but excluding office and clerical employees, and supervisors
926 DECISIONS OF NATIONAL . LABOR RELATIONS BOARD
empowered to hire or discharge or to recommend hiring or discharging
of employees, constitute a unit appropriate for the purpose of collective
bargaining within the meaning of Section 9 (b) of the National Labor
Relations Act.
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, 49 Stat. 449, 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 Williams Brothers, St. Joseph, Michigan, 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 Seventh 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
all hourly rated employees of the Company, who were employed during
the pay-roll period immediately preceding the date of this Direction,
including truck drivers and any 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, and supervisors
empowered to hire or discharge or to recommend hiring or discharging
of employees, and employees who have since quit or been discharged for
cause, to determine whether or not they desire to be represented by
Local 931, United Electrical, Radio & Machine Workers of America,
affiliated with the C. 1. 0., for the purposes of collective bargaining. '