Johnson Optical Co., et al.

In the Matter Of JOHNSON OPTICAL COMPANY, ET AL., EMPLOYERS and UNITED OPTICAL AND INSTRUMENT WORKERS OF AMERICA, CIO, PETITIONER Cases Nos . 18-RC-381 through 18-RC4841 and 18-RC-387 th rough 18-RC-389 SUPPLEMENTAL DECISION ORDER AND SECOND DIRECTION OF ELECTIONS December 9,1949 On August 26, 1949, the Board 1 issued a Decision and Direction of Election in the above-entitled proceeding (85 NLRB 895), finding appropriate a multiple-employer unit composed generally of all lab- oratory employees in the bench and surface departments of the Em- ployers at their Minneapolis and St. Paul, Minnesota, branches. An Order amending the Direction of Election, in certain minor respects, was issued on September 19, 1949. Thereafter, the Employers timely filed motions for reconsideration, and supporting briefs, alleging, inter alia, that the individual Em- ployers have now decided to abandon all aspects of group action with respect to labor relations, and requesting, in substance, that the Board set aside its prior decision as to the scope of the unit and now establish separate units, as described in the petitions previously filed herein 2 Subsequently, on November 1, 1949, the Board notified the parties that, unless sufficient cause to the contrary was shown on or before November 14, 1949, it would amend its Decision to reflect a change in the scope of the unit. No objections to this proposed action were filed by the parties. 1 The Board previously delegated its powers with respect to this case to a three -member panel. However, in view of the nature of the questions which have subsequently arisen, we have deemed it advisable to have the full Board consider the issues . Accordingly, we have unanimously revoked the prior delegation of powers. S The Employers also requested oral argument . This request is denied as the record and briefs, in our opinion , adequately present the issues and the positions of the parties. 87 NLRB No. 88. 539 540 DECISIONS OF NATIONAL LABOR RELATIONS BOARD In the absence of objection to the action proposed in the Board's Order of November 1, 1949, and upon the entire record in the case, the Board makes the following : SUPPLEMENTAL FINDINGS OF FACT 1. The business of the Employers : Each Employer is a wholesale optical company engaged, at the plants involved herein, in the grinding of lenses and the fabrication of glasses. Riggs Optical Company is a Delaware corporation, with its princi- pal offices in Chicago, Illinois. It operates approximately 60 branches throughout the United States, including a branch in Minneapolis and another in St. Paul. The Minneapolis and St. Paul branches annually receive approximately 90 percent of their raw materials from outside the State; the annual sales of each of these branches exceed $75,000, of which approximately 1 percent represents shipments to customers outside the State. American Optical Company is a voluntary association, having its principal offices in Southbridge, Massachusetts. In addition to ''a branch in Minneapolis and in St. Paul, this company operates numer- • ous branches throughout the country. Each year, the Employer's Minneapolis and St. Paul branches individually purchase raw mate- rials valued in excess of $50,000, of which a substantial portion repre- sents out-of-State shipments. The Walman Optical Company is a Minnesota corporation, with its principal offices in Minneapolis. It operates branches both within and without the State of Minnesota. The Minneapolis branch, with which we are now alone concerned,4 annually purchases raw materials valued in excess of $100,000, of which more than 50 percent represents ship- ments from sources outside the State; its annual sales amount to over $100,000, of which approximately 5 percent represents Shipments to customers outside the State. Johnson Optical Company, a Minnesota corporation, has its princi- pal offices, and operates its sole plant, in Minneapolis. This Employer annually purchases raw materials valued in excess of $90,000, of which about 90 percent represents shipments from sources outside the State; gin our original Decision , we predicated the assertion of jurisdiction over all the Employers , in part, upon the multiple -employer nature of the unit and the, consequent .impact of the aggregate operations of all the Employers on interstate commerce . However, as it presently appears that the Employers have elected to pursue individualistic courses of action with respect to labor relations, we must now determine whether to assert jurisdic- tion over each Employer , considered individually. 4 Although this Employer also operates a St. Paul branch , which was included in the past bargaining history and was therefore made part of the multiple-employer unit previously found appropriate, no separate petition relating to that branch is before us. JOHNSON OPTICAL COMPANY, ET AL. 541 its annual sales exceed $100,000, of which about 8 percent represents out-of-State shipments. Twin-City Optical Company, Inc., a Minnesota corporation with its principal offices in Minneapolis, operates branches only in Minn- apolis and Willmar, Minnesota. The Minneapolis branch annually purchases raw materials valued in excess of $50,000, of which approxi- mately 90 percent represents shipments from sources outside the State; its annual sales amount to over $100,000, of which approximately 1' percent represents shipments to customers outside the State. We find that Riggs Optical Company, American Optical Com- pany, and The Walman Optical Company, which operate multi-State enterprises, are engaged in commerce within the meaning of the Act.' However, with respect to Johnson Optical Company and Twin-City Optical Company, Inc., which operate branches only within the State of Minnesota, we are of the opinion that the activities of these Em- ployers, while not unrelated to commerce, are essentially local in char- acter, and that it would not effectuate the policies of the Act to assert jurisdiction over them.6 Accordingly, we shall amend our prior Decision to dismiss the petitions relating to the employees of Johnson Optical Company and Twin-City Optical Company, Inc. 2. The appropriate units : In our original Decision with regard to the scope of the unit, we held, contrary to the contentions of the Petitioner and the Employers, and in accord with the position of the Intervenor, that a multiple- employer unit of the laboratory employees in the bench and surface departments of all the Employers at their Minneapolis and St. Paul branches was appropriate. Our determination in this connection was founded on the past history of collective bargaining by the Employers on a group, rather than an individual, basis, and the absence of any present intention of the Employers, as disclosed in the record, of aban- doning their concerted actions with respect to labor relations. Since our Decision, however, it is apparently uncontroverted that the Employers have decided to abandon all aspects of group bargain- ing and have elected to pursue individualistic courses of action with respect to labor relations. Under these circumstances, and in the absence of any objection to our proposed establishment of separate units, as contained in our Order of November 1, 1949, we hereby amend the unit finding in our prior Decision and find appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) 8 Riggs Optical Company, Inc ., 81 NLRB 1171. 6 Pan-American Optical Company, 79 NLRB 1237 ; cf. Nola Optical Company, 79 NLRB 1241. 542 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of the Act, separate branch units composed of the following em- ployees at the Minneapolis branch of The Walman Optical Company, and at the Minneapolis and St. Paul branches of Riggs Optical Com- pany and of American Optical Company : all laboratory employees in the bench and surface departments, excluding errand boys, stock- room employees, inspectors, guards, watchmen, and supervisors as defined in the Act.7 We shall therefore set aside our original Direction of Election and direct that separate elections be held among the employees in the units found appropriate above, who were employed during the pay- roll period immediately preceding the date of this Second Direction of Elections. ORDER IT IS HEREBY ORDERED that the Direction of Election, issued on August 26, 1949, and as subsequently amended, be, and it hereby is, vacated and set aside. IT IS FURTHER ORDERED that the petitions for investigation and certi- fication of representatives of employees of Johnson Optical Company and Twin-City Optical Company, Inc., both of Minneapolis, Minne- sota, filed herein by United Optical and Instrument Workers of Amer- ica, CIO, be, and they hereby are, dismissed. SECOND DIRECTION OF ELECTIONS 8 As part of the investigation to ascertain representatives for the purposes of collective bargaining with Riggs Optical Company, Amer- ican Optical Company, and The Walman Optical Company, separate elections by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and supervision of the Regional Director for the Region in which this case was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations, among the employees in the units found appropriate in paragraph numbered 2, above, who were employed during the pay-roll period immediately preceding the date of this Second Direction of Elections, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have 7 Cf. Bercut-Richards Packing Company, et al., 68 NLRB 605, 606 , and Rubin E. Rappe- port, et al., 62 NLRB 1188, and Supplemental Decision, Certification, Direction and Order (unpublished ), issued August 3, 1945. 8 Any participant in the elections directed herein may , upon its prompt request to, and approval thereof by, the Regional Director , have its name removed from the ballot. JOHNSON OPTICAL COMPANY, ET AL. 543 not been rehired or reinstated prior to the date of the elections, and also excluding employees on strike who are not entitled to reinstate- ment, to determine whether they desire to be represented, for purposes of collective bargaining, by United Optical and Instrument Workers of America, CIO, or by Twin City Optical Workers Union, Local No. 20604, AFL, or by neither.