Zenith Optical Co.

National Labor Relations Board - Board Decisions

Apr 15, 1943

48 N.L.R.B. 1283 (N.L.R.B. 1943)

In the Matter of ZENITH OPTICAL COMPANY and OPTICAL WORKERS
COORDINATING COMMITTEE , AFFILIATED WITH THE CONGRESS OF
INDUSTRIAL ORGANIZATIONS
Case No. R-5108.-Decided April 15, 1943
Jurisdiction : glass processing industry.
Investigation and Certification of Representatives : existence of question : refusal v
to accord union recognition ; election necessary. ,
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding office - and clerical employees, supervisory employees,
watchmen, guards, and engineering and research employees ; no controversy
as to.
Mr. E. A. Marshall, of Huntington, W. Va., for the Company.
Mr. Robert C.'Edwards, of Huntington, W. Va., for the Committee.
Mr. Martin C. Bowles, of Charleston, W. Va., for the Upholsterers.'
Mr. Louis Cokin, of counsel to the,Board. '
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Optical Workers Coordinating Com-
mitttee affiliated with the Congress of Industrial Organizations,
herein called the Committee, alleging that a question affecting com-
merce had arisen concerning the representation of employees of
Zenith Opical Company, Huntington, West Virginia, herein called
the Company, the National Labor Re'lations'Board provided for an
appropriate hearing upon due notice before Thomas E. Shroyer,
Trial Examiner. Said hearing was held at Huntington, West Vir-
ginia, on April 2, 1943. The Company, the Committeee, and Up-
holsterers International Union, Optical Division, A. F. of L., herein
called the Upholsterers, appeared, participated, and were afforded
full opportunity to be heard, to examine and cross-examine wit-
nessses, 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.
48N.L R B,No.160.
521247=43-vo1 48-82 1283
1284 DECISIONS OF NATIONAL LABOR RELATIONS' BOARD
On April 8, 4943, the Committee filed a brief which the Board has
considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Zenith Optical Company is a partnership composed of A. S. Polan,
L. M. Polan, C. M. Polan, Lake Polan, Jr., and E. J. Polan. The
Company is engaged in the processing of glass for gun fire control
instruments at Huntington, West ' Virginia. During 1942 the Com-
pany's business exceeded $500,000 in value. Approximately 50 per-
cent of all glass processed by the Company is shipped directly to the
United States War ,Department and the remainder is shipped to a
concern in the State of Wisconsin. All glass processed by the Com-
pany is shipped to it by the United States Government and upon
completion of the processing is shipped by the United States Govern-
ment. We find, contrary to the contentions of the Company, that it
is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATIONS INVOLVED
Optical Workers Coordinating Committee is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
Upholsterers International Union, Optical Division, is a labor
organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 1, 1943, the Committee requested the Company to recog-
nize it as the exclusive representative of the Company's employees.
The Company refused this request.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing,, indicates that the Committee represents a
substantial number of employees in the unit hereinafter- found to be
appropriate.'
i The Field Examiner reported that the Committee presented 344 membership applica-,
tion cards bearing apparently genuine signatures of persons whose names appear on a cur-
rent pay roll of the Company . There are approximately 1,061 employees in the appropriate
unit. The Field Examiner further reported that the Upholsterers presented 83 authoriza-
tion cards bearing apparently genuine signatures of persons whose names appear on the
pay roll of the Company.
ZENITH OPTICAL COMPANY 1285
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. TIIE APPROPRIATE UNIT
The Committee and the Upholsterers urge that all production and
maintenance employees of the Company, excluding office and clerical
employees, supervisory employees, watchmen, guards, and research
and engineering employees, constitute an appropriate unit. The Com-
pany stated that it agreed with the unit requested by the labor organ-
izations except that it took no position with respect to the engineering
and research employees. Evidence introduced at the hearing indicates
that the engineering and research employees are technical employees
of the type usually excluded from a unit of production and mainte-
nance employees.
We find that all production and maintenance employees of the
Company, excluding -office and clerical employees, supervisory em-
ployees,'watchmen, guards, and engineering and research employees,
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 means of 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.
The Committee contends that the Upholsterers should not be ac-
corded a place on the ballot because of its small showing of representa-
tion among the employees of the Company. However, inasmuch as
an election is to be conducted and inasmuch as the Upholsterers has
made some showing of membership, we shall accord it a place on the
ballot.2
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 Rela-
tions Board Rules and Regulations-Series 2, as amended, it.is hereby
DIRECTED that, as part of the investigation to ascertain representa-
See Matter of Remington -Rand, Inc. and International Association of Machinists , Local -
826, 40 N. L. R. B. 1100.
1286 • DECISIONS OF NATIONAL LABOR 'RELATIONS BOARD
tives for the purposes of collective bargaining with Zenith Optical
Company, Huntington, West Virginia, 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 super-
vision of the Regional Director for the Ninth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Section 10, 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 off, and including employees in the armed forces of the United
States who present themselves in person at ,the polls, but excluding
any who have since quit or been discharged for cause, to determine
whether they desire to be represented by Optical Workers Coordinat-
ing Committee, affiliated with the Congress of Industrial Organiza-
tions, or by Upholsterers International Union, Optical Division, affili-
ated with the American Federation of Labor, for the purposes of
collective bargaining, or by neither. ,