Gatke Corp.

In the Matter of GATKE CORPORATION and INTERNATIONAL UNION UNITED AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH THE A. F. OF L. Case No. R_3486.-Decided February 25, 1942 Jurisdiction : asbestos friction products. brake lining, timing gear, and non- metallic bearing manufacturing industry. Investigation and Certification of Representatives : existence of question : re- fusal to accord union recognition until certified by the Board ; election neces- sary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, excluding supervisory and clerical employees; stipulation as to. Mr. George Grisham, of Evansville, Ind., for the Union. Mr. J. Edward Headley, of Warsaw, Incl., for the Company. Mr. Harry H. Kuskin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On December 27, 1941, International Union United Automobile Workers of America, affiliated with the American Federation of Labor, herein called the Union, filed -with the Regional Director for the Eleventh Region (Indianapolis, Indiana) a petition alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Gatke Corporation, Warsaw, Indiana, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the Na- tional Labor Relations Act, 49 Stat. 449, herein called the Act. On January 21, 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 Director to conduct it and to provide for an appropriate hearing upon due notice. On January 22, 1942, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and 39 N. L. R. B., No. 33. .197 198 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Union. Pursuant to the notice, a hearing was held on January 30, 1942, at Warsaw, Indiana, before Arthur R. Donovan, the Trial Examiner duly designated by the Chief Trial Examiner. The Com- pany was represented by counsel, the Union by its representative ; both 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 hearing, the Trial Examiner reserved ruling on the Company's motion to dismiss the petition on the ground that the petition does not appear to have been signed by an employee of the Company, or by anyone repre- senting an employee. The motion is hereby denied? During the course of the hearing, the Trial Examiner made rulings 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 1. THE BUSINESS OF, THE COMPANY Gatke Corporation is engaged at its plant at Warsaw, Indiana, in the manufacture of asbestos friction products, brake lining, tim- ing gears, and non-metallic bearings. In the manufacturing process the Company uses raw materials consisting of compounds, crude rubber, crude asbestos, cotton cloth, asbestos cloth, and asbestos yarn. More than 50 percent of these raw materials is obtained by the Company outside the State of Indiana. More than 50 percent of the Company's finished products is sold by it and shipped to purchasers outside of Indiana..2 II. THE ORGANIZATION INVOLVED International Union United Automobile Workers of America, af- filiated with the American Federation of Labor, is a labor organiza- tion admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On December 19, 1941, the Union sent the Company a letter averring, in effect, that it represented a majority of the Company's i See Matter of The Sorg Paper Company and Committee for Industrial Organization, 8 N L. R B 657; Matter of Wilson & Go , Inc and Local No 37, United Packinghouse Workers of America, of P. W 0 C affiliated with C I. 0, 15 N L R B. 195 2 The facts in this section are based upon findings of the Board in the Matter of Gatke Corporation and Federal Labor Union #22421 of the American Federation of Labor,, 30 N L R B 514 The Company stipulated that its operations are substantially the same as there found GATKE CORPORATION 199 employees in an appropriate unit and requesting recognition as the exclusive bargaining representative of said employees. The Com- pany did not reply, but stated at the hearing that it refused to recognize the Union as such representative until it was certified by the Board. A statement of the Regional Director, in evidence, and' a statement at the hearing by the Trial Examiner show that the Union 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 com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union and the Company stipulated, and we find, that, all production and maintenance employees of the Company, excluding supervisory and clerical employees, constitute an appropriate unit.' We find further that said unit will insure to employees of the Com- pany the full benefit of their right to self-organization and to col- lective bargaining and will 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. a The Regional Director reported that the Union submitted 82 membership -application cards dated between October and December 1941, one card dated in March 1942 , (sic), and two undated cards; that all the cards had signatures which appeared to be genuine, and that the names of 60 of the 85 individuals appeared on the Company 's pay roll of December 27, 1941 The Trial Examiner reported that the Union submitted 26 additional membership- application cards dated between December 1941 and January 1942; that all the cards had signatures which appeared to be genuine ; and that the names of 19 of the 26 individuals appeared on the Company 's pay roll of December 27, 1941 The pay roll of December 27, 1941 , contains 183 names of persons working at the plant in question 4 The stipulated unit and the unit found appropriate in the representation proceeding referred to in footnote 2, supra, are identical. The appropriate unit comprises about 738 employees. / 200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Company urged that eligibility to ' vote be determined as of the pay-roll period preceding the date of the Direction of Election. The Union asked that the semi-monthly pay roll of December 1, 1941, or January 15, 1942, be used to determine eligibility to vote in an election. In support of its requests, the Union contended that employees of the Company seemed to have been dismissed and dis- criminated against for union activities or union membership and that there might be additional 'dismissals for these reasons. There is, however, nothing before the Board to indicate that the Company has indulged or might indulge in such practices. Under the cir- cumstances, no sufficient reason appears for us to depart from our usual practice. Accordingly, we shall direct that the employees of the Company 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, shall be eligible to vote. 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 Gatke Corporation, Warsaw, Indiana, ,within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company at Warsaw, Indiana, excluding supervisory and clerical employees, constitute a unit appropriate for the purposes of collective bargain- ing within • the meaning of Section 9 (b) of the National Labor Relations Act. DIRECTION OF ELECTION By virute of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations Act, 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 c The record shows that the Company reached an all-time peak in employment during December 1941, but that thereafter employment began to decline The Company employed about 200 persons on December 1, 1941, 170 persons on January 1, 1942, and 150 persons on January 15, 1942 The Companv claimed that some employees left for other jobs or to enter military service, but attributed the bulk of the decline in employment to lack of work caused by shortage of raw materials, and a slackening of the new passenger-car business. GATKE CORPORATION 201 with Gatke Corporation, Warsaw, Indiana, 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 Eleventh Reigon, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Reg- ulations, among all production and maintenance employees of Gatke Corporation at Warsaw, Indiana, 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 supervisory and clerical employees, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Union United Automobile Workers of America, affiliated with the American Federation of Labor, for the purposes of collective bargaining. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election. 0