Wisconsin Porcelain Co.

National Labor Relations Board - Board Decisions

May 4, 1942

40 N.L.R.B. 1155 (N.L.R.B. 1942)

In the Matter of WISCONSIN PORCELAIN COMPANY and STEEL WORKERS
ORGANIZING COMMITTEE (C. I. 0.)
In the Matter of WISCONSIN PORCELAIN COMPANY and PORCELAIN
WORKERS UNION OF SUN PRAIRIE
Cases Nos. R-3722 and R-3713, respectively.-Decided May It, 1942
Jurisdiction : electrical porcelain manufacturing industry
Investigation and Certification of Representatives : existence of question: re-
fusal to accord competing unions recognition ; election necessary
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding clerical, office, and supervisory employees; agreement as to.
Practice and Procedure : motion to withdraw petition, made at commencement
of bearing by one of petitioning unions, gm anted.
Mr. A. B. Bussman, and Mr. A. A. Stahl, of Sun Prairie, Wis., for
the Company.
Mr. Ross Bennett, of Portage, Wis., for the Independent.
Mr. W. O. Sonnemann, of Milwaukee, Wis., for the S. W. O. C.
Mr. Anthony J. Pusateri, of Chicago. Ill., for the I. B. E. W.
Air. Louis Colvin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 21 and December 17, 1941, respectively, Steel Workers
Organizing Committee, herein called the S. W. O. C., and Porcelain
Workers Union of Sun Prairie, herein called the Independent, filed
,with the Regional Director for the Twelfth Region (Milwaukee,
Wisconsin) separate petitions, each.alleging that a question affecting
commerce had arisen concerning the representation of employees of
Wisconsin-Porcelain Company, Sun Prairie, Wisconsin, herein called
the Company, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, herein called the Act. On March 26, 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
40 N. L . R. B., No. 196. -
1155
1156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Director to conduct it and to provide for an appropriate hearing upon
due notice, and, acting pursuant to Article III, Section 10 (c) (2), of
said Rules and Regulations ordered the two cases consolidated. -
On March 31, 1942, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the S. W. O. C.,
the Independent, and upon International Brotherhood of Electrical
Workers, herein called the I. B. E. W., it labor organization claiming
to represent employees directly affected by the investigation. Pur-
suant to notice, a hearing was held on April 8, 1942, at Sun Prairie,
Wisconsin, before Stephen Al. Reynolds, the Trial Examiner duly
designated by the Chief Trial Examiner. The Company, the S. W.
O. C., the Independent, and the I. B. E. W. were represented and
participated in the hearing. Full-opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on the
issues was afforded all parties. At the commencement of the hearing
the S. W. O. C. moved to withdraw its petition. The Trial Examiner
reserved his ruling. The motion is hereby granted. During the course
of the bearing the Trial Examiner made several rulings on motions
and on objections to the admission of evidence. The Board has re-
viewed 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
1. THE BUSINESS OF THE COMPANY
Wisconsin Porcelain Company is a partnership with its principal
plant at Sun Prairie, Wisconsin, where it is engaged in the manufac-
ture and sale of electrical porcelain. During 1941 the Company pur-
chased ra,w materials valued at about $100,000, approximately 98'
percent of which was shipped to it from outside Wisconsin. Daring
the same period the Company sold finished products valued in excess
of $500,000,-approximately 95 percent of which was shipped outside
Wisconsin. The Company admits that it is engaged in commerce
within the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
Steel Workers Organizing Committee is a labor organization affili-
ated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
Porcelain Workers Union of Sun Prairie is an unaffiliated labor
organization admitting to membership employees of.the Company.
International Brotherhood of Electrical Workers is a labor organ-
ization affiliated with the American Federation of Labor, admitting
to membership employees of the Company.
WISCONSIN PORCELAIN COMPANY 1157
III. THE QUESTION CONCERNING REPRESENTATION
During July 1941 the S. W. O. C. requested the Company to recog-
nize it as the exclusive representative of the Company's employees. On
October 15, 1941, the Independent requested exclusive recognition.
The Company denied these requests. A statement of the Regional
Director, introduced into evidence during the hearing, shows that the
S. W. O. C., the Independent, and the I. B. E. W. each represents a
substantial number of employees in the unit hereinafter found to be
appropriate.'
We find that a question has arisen concerning the representation of
employees of the Company.
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
All the parties agree, and we find, that all production and main-
tenance employees of the Company, excluding clerical , office, and
supervisory employees, constitute a unit appropriate for the purposes
of collective bargaining. We further find that such unit will insure
to employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise will effectuate
the policies of the Act.
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I VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election, by secret ballot.
We shall direct that the employees of the Company eligible to vote
in the election shall be those within 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.
1 The Regional Director reported that the S. W. 0 C. presented 95 membership -application
cards , bearing the, signatures of persons whose names appear on the Company's pay roll of
September 30, 1941 ; that the Independent presented 116 membership-application cards,
bearing the signatures of persons whose names appear on that pay roll ; and that the I. B.
E. W. presented 85 membership -application cards bearing the signatures of persons whose
names appear on that pay roll Tbere are 231 names on the September :30, 1941, pa v loll.
1158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The S. W. O. C. stated that it did not desire to appear on the ballot
in the event the Board directed an election in,this proceeding. We
shall, accordingly, not place its name on the ballot.
The I. B. E. W. requested that it appear on the ballot as "American
Federation of Labor, through its agent I. B. E. W." The request is
hereby granted.
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 repre-
sentation of employees of Wisconsin Porcelain Company, Sun Prairie,
Wisconsin, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the Act.
2. All production and maintenance employees of the Company,
excluding clerical, office, and supervisory employees, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the 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 ordered by the Board to
ascertain representatives for the purposes of collective bargaining
with Wisconsin Porcelain Company, Sun Prairie, Wisconsin, 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 Twelfth
Region, acting in this matter as agent for the National Labor Relations
Board and subject to Article III, Section 9, of said Rules and Regula-
tions, among all production and maintenance employees of the
Company 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 clerical, office, and supervisory
employees and employees who have since quit or been discharged for
cause, to determine whether they desire to be represented by Porcelain
Workers Union of Sun Prairie, or by American Federation of Labor,
through its agent I. B. E. W., for the purposes of collective bargaining,
or by neither.