Mirror Products Co.

In the Matter of MIRROR PRODUCTS COMPANY and UNITED CONSTRUC- TION WORKERS ORGANIZING COMMITTEE (C. I. 0.) , . Case No. R-3161.-Decided February 21,1942 Jurisdiction : mirror manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition until certified by the Board ; parent or- ganization instead of two locals thereof accorded place on ballot ; election necessary. Unit Appropriate for Collective Bargaining : employees in the Company's Los Angeles plant, exclusive of management, supervisory, and clerical employees, and salesmen. Mr. H. A. Hennes, of Los Angeles, Calif., for the U. C. W. Mr. Harold TV. Finney, of Los Angeles, Calif., for Local 636. Mr., Arnold 0. Babbe, off Glendale, Calif., for Local 793. Tyre & Chamie, by Messrs. Norman R. Tyre and Milton S. Tyre, of Los Angeles, Calif., for the Company. Mr. Harry H. Kuskin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT 6P THE CASE I On September 17, 1941, United Construction Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, herein called the U. C. W., filed with the Regional Director for the Twenty-first Region (Los Angeles, California) a petition alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Mirror Products Company, 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 December 22, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act, and Article III, Section 3, Iof National Labor Relations Board Rules and Regulations-Se- ries 2, as amended, ordered an investigation and authorized the Re- 39 N. L. R. B., No. 17. 73 74 DECISIONS OF NATIONAL LABOR RELATIONS BOARD gional Director to conduct it and to provide for an appropriate hearing upon due notice. On January 8, 1942, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the U. C. W., and Glass Warehousemen's Local 793, chartered by the Brother- hood of Painters, Decorators, and Paperhangers of America, affiliated with the American 'Federation of Labor, herein called Local 793, a labor organization claiming to represent employees directly affected by the investigation. Pursuant to the notice and an order postponing hearing, which was served on the parties, a hearing was held on January 19, 1942, at Los Angeles, California, before William R. Walsh, the Trial Examiner duly designated by the Chief Trial Examiner. At the beginning of the hearing, the Trial Examiner granted a motion for leave to intervene made by Glass Workers' Local Union 636, chartered by the Brotherhood of Painters, Decor- ators, and Paperhangers of America, affiliated with the American Federation of Labor, herein called Local 636.1 The Company was represented by counsel, the U. C. W., Local 793, and Local 636 by their representatives; all participated in the hearing. Full oppor- tunity 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 various rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds no prejudicial errors were committed. The rulings are hereby af- firmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Morris Tyre, doing business as Mirror Products Company, is engaged in the manufacture and sale of mirrors, mirror frames, and bathroom medicine cabinets at his plant in Los Angeles, Cali- fornia. The Company operates another plant at Alhambra, Cali- fornia, with which we are not concerned. Of approximately $150,000 worth of raw materials used annually by the Company at its Los Angeles plant, 15 percent comes directly and 64 percent comes indi- rectly from outside the State of California, and of approximately $300,000 worth of its finished products, 20 percent is shipped out of 1In the course of the hearing, the Trial Examiner- reserved ruling upon a motion by the U C W. to vacate his ruling permitting Local 636 to intervene . The motion is hereby denied. MIRROR PRODUCTS COMPANY 75 the State. The Company employs 50 persons at the Los Angeles plant. ' II. THE ORGANIZATIONS INVOLVED United, Construction Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. Glass Warehousemen's Local 793 and Glass Workers' Local Union 636, both chartered by the Brotherhood of Painters, Decorators, and Paperhangers of America, are labor organizations affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The U. C. W. requested the Company to recognize it as the exclusive bargaining representative of the Company's production employees. The Company refused to recognize the U. C. W. as such representative until it was certified by the Board. A statement of the Regional Director,, introduced into evidence at the hearing, shows that the U. C. W. and Local 793, respectively, represent a substantial number of the employees in the unit herein- after found to be appropriate.2 Local 636 admitted that it repre- sents no such employees. 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 The U. C., W. and the Company contended at the hearing that all the Company's employees, excluding management, supervisory 2 The Regional Director reported that the U. C. W. submitted 52 membership application cards dated between July and September 1941 , and 5 undated cards ; that all the cards had signatures which appeared to be genuine ; and that the names of 45 of the 57 Individuals appeared on the Company's pay roll of September 19, 1941. The report disclosed that Local 793 submitted 43 membership application cards dated between September and November 1940; that all the cards had signatures which appeared to be genuine ; and that the names of 10 of the 43 individuals appeared on the Company's pay roll of September 19, 1941 76 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and clerical employees, constitute an appropriate unit. Local 793 and Local 636 agreed that management, supervisory and clerical em- ployees should be excluded, but claimed that the Company's ware- house workers 3 constitute one , appropriate unit and that all other categories,' excluding the Company's one truck driver, constitute another appropriate unit. Local 793 and Local ,636 have contracts with a number of glass firms in the Los Angeles area engaged in business which they allege _is similar to that of the Company. The contracts are not in evidence and full details as to the units covered therein do not appear, but the implication of the contention of Locals 793 and 636 is that they separately represent employees of the glass firms involved in units comparable to those claimed here. A repre- sentative of Local 793 stated that in the latter part of 1940, Local 793 entered into negotiations with these firms as well as with the Company, as a result of which, the other concerns signed contracts with Local 793, but the Company refused to sign. There is no evidence that Local 636 has ever attempted to bargain with the Company on behalf of the employees whom it seeks to represent. The Company contends, in effect, that.it would be more convenient-to deal with a representative of its employees in a single unit. Since, ac- cording to the Company, its employees specialize in certain operations and perform only some of the duties usually performed by similarly classified employees' working for the other glass firms, it" argued that the bargaining history among employees of those firms is inapplicable for the purpose of determining an appropriate unit. At the time of the hearing, the Company employed 50 persons, 12 of whom were supervisory employees, clerical employees, and salesmen. On the basis of that employment and excluding 4 salesmen, the unit sought by the U. C. W. would comprise about 38 employees, and the units sought by Local 793 and Local 636 would comprise about 23 and 14 persons, respectively. The pay roll of September ' 19, 1941, contains 59 names of persons working at the plant in question. In view of the general similarity of the work performed by the employees in the units claimed by Local 793 and Local 636, and the fact that the latter organization represents no employees of the Com- pany, we are of the opinion that the Company's employees should 'At the hearing, Local 793 identified the following named categories of employees on the Company 's pay roll as comprising the "warehouse" unit sought by it : frame manufactur- ing and finishing frame mirror fitting and assembly, packing, shipping, janitor, glass cleaners , medicine-cabinet production , medicine-cabinet assembly , and all glass workers except those who do cutting and edging. ' Local 636 claimed the following classifications of employees among the glass workers as comprising, the unit sought by it : glass cleaners , scratch polishers, bevelers, cutters, silverers, hole drillers, and edgers. MIRROR PRODUCTS COMPANY 77 not be separated into two bargaining units but rather that they should be included in a plant-wide unit. We find that all the employees of the Company, excluding man- agement, supervisory and clerical employees, and salesmen,5, con- stitute a unit appropriate for the purposes of collective bargaining and 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 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. We-shall direct that the employees of the Company in the appropriate unit who were employed during the pay-roll period immediately pre- ceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction, shall be eligible to vote. Inasmuch as Local 793 and Local 636, both chartered by the Brotherhood of Painters, Decorators, and Paperhangers of America, urged separate units for the employees whom we found, to constitute a single unit, and since the Brotherhood of Painters, Decorators, and Paperhangers of America has a substantial member- ship among the employees in the unit found to be appropriate, we shall direct that the Brotherhood, and not the two locals thereof, be designated on the ballot. 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 Mirror Products Company, Los Angeles, California, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All employees of the Company at Los Angeles, California, ex- cluding management, supervisory and clerical employees, and sales- men, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. The Company employs four salesmen ' Their relationship to what we find to be essen- tially a production unit is remote. We shall exclude salesmen from the unit See Matter of Frederick H. Levey Co, Inc. Philadelphia Plant and United Mine Workers of America District 50, Local 12092, C 1 0., 31 N. L. R. B 292 78 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIREC7E.D that , as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Mirror Products Company, Los Angeles , California , 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 Twenty- first 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 the employees of Mirror Products Com- pany at Los Angeles , California, whose names appear on the Com- pany's pay roll 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 exclud- ing 'management , supervisory and clerical employees , salesmen, and employees who have since quit or been discharged for cause , to deter- mine whether they desire to be' represented by United Construction Workers Organizing Committee, affiliated with the Congress of In- dustrial Organizations, or by Brotherhood of Painters , Decorators, and Paperhangers of America, affiliated ' with' the American Federa- tion of Labor, for the purposes of collective bargaining , or by neither. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election. In the Matter Of MIRROR PRODUCTS COMPANY and UNITED CONSTRUC- TION WORKERS ORGANIZING COMMIT'T'EE (C. I. 0.) Case No. R -J161 CERTIFICATION OF REPRESENTATIVES March 04,1942 ' On February 21, 1942, the National Labor Relations Board issued its Decision and Direction of Election in the above-entitled proceed- ing.' Pursuant to the Direction of Election an election by secret ballot was conducted on March 10, 1942, under the direction and super- vision of the Regional Director for the Twenty-first Region (Los Angeles, California).. On that date, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued an Election Re- port, copies of which were duly served upon the parties. - No objec- tions to the conduct of the ballot or to the Election Report have been filed by any of the parties. As to the balloting and the results thereof, the Regional Director reported as follows : Total on eligibility list-------------------------------------- 43 Total ballots cast ------------------------------------------- 42 Total ballots challenged------------------------------------- 0 Total blank ballots------------------------------------------ 0 Total void ballots- ------------------------------------------ 0 Total valid votes counted ------------------------------------ 42 Votes cast for United Construction Workers Organizing Commit- tee (C. I. 0 )--------------------------------------------- 40 Votes cast for Brotherhood of Painters . Decorators, and Paper- hangers of America (A. F. L ) ----------------------------- 1 Votes cast for neither --------------------------------------- I 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, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, 1 39 N. L R. B. 73 39 N L. R. B., No 17a 79 448105-42-vol. 39-7 80 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IT IS HEREBY CERTIFIED that United-Construction Workers Organ- izing Committee, affiliated with the Congress of Industrial Organiza- tions, has been designated and selected by a majority of all employees at the Los Angeles plant of Mirror Products Company, Los Angeles, California, excluding management, supervisory and clerical em- ployees, and salesmen, as their representative for the purposes of col- lective bargaining, and that, pursuant to Section 9 (a) of the Act, United Construction Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, is the exclusive representa- tive of such employees for the purposes of collective bargaining in respect to rates of pay, )vages, hours of employment, and other conditions of employment.