Electric Vacuum Cleaner Co., Inc.

In the Matter of ELECTRIC VACUUM CLEANER COMPANY, INC. and INTERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT 54 Cone No. 8-R-2-042.-Decided April 15, 1946 Mr. Frank S. Hajek, of Cleveland, Ohio, for the Company. Mr. Carl Ruhndorff, of Washington, D. C., and Messrs. Howard Paunch and John Toth., of Cleveland, Ohio, for the Machinists. Messrs. Jesse Gallagher, Carl Hubbel, and James P. McWeeny, of Cleveland, Ohio, for the Federal. Mr. Donald B. Brady, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Association of Machin- ists, District 54, herein called the Machinists, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Electric Vacuum Cleaner Company, Inc., Cleveland, Ohio, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before John A. Hull, Jr., Trial Examiner. The hearing was held at Cleveland, Ohio, on March 4, 1946. The Company, the Machinists, and Federal Labor Union 18907, herein called Federal, appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. At the close of the hearing, Federal moved to dismiss the peti- tion. The Trial Examiner reserved ruling on this motion for the Board. The motion is denied. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Electric Vacuum Cleaner Company, Inc., a division of General Electric Company, is a New York corporation with its principal office 67 N. L. R. B., No. 46. 332 ELECTRIC VACUUM CLEANER COMPANY, INC. 333 and plant in East Cleveland, Ohio, where it is engaged in the manufac- ture, sale and distribution of vacuum cleaners, parts, and accessories. During the year 1945 the Company purchased raw materials valued at in excess of $2,000,000 of which, approximately 75 percent was received from points outside the State of Ohio. During the same period approximately 90 percent of its finished products, valued at in excess of $5,000,000 was shipped to points outside the State of Ohio. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Association of Machinists, District 54, is a labor organization, admitting to membership employees of the Company. Federal Labor Union 18907 is a labor organization, affiliated with the American Federation of Labor, admitting to membership em- ployees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Machinists as the exclusive bargaining representative of its employees in view of the contract with Federal. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Machinists represents a substantial number of employees in the unit hereinafter found appropriate., 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. THE APPROPRIATE UNIT We find substantially in accord with the agreement of the parties that all employees in the Motor Department, Assembly Department, Stock and Store Department, Sewing Department, Service Depart- ment. Packers Department, Shipping and Receiving Department, including truckers, sweepers, janitors, watchmen, inspectors, and painters, but excluding all printers, pressmen, bookbinders, molders, pattern-makers, uniformed guards, filers and burrers, office employees, and all employees covered by other craft unions affiliated with the American Federation of Labor and The International Association of Machinists and all supervisory employees with authority to hire, pro- mote, discharge, discipline, or otherwise effect changes in the status i The Field Examiner reported that the Machinists submitted 462 cards of which 341 cards bore the names of employees listed on the Company's pay roll of December 27, 1945 Federal relies on its contract as evidence of its interest herein The record re%eats theie are approximately 600 employees in the appropriate unit. 334 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of employees , or effectively recommend such action , 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 an election by secret ballot among 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. 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 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Electric Vacuum Cleaner Company, Inc., Cleveland, Ohio, 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, tinder the direction and supervision of the Regional Director for the Eighth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regula- tions, among 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 those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be repre- sented by International Association of Machinists, District 54, or by Federal Labor Union 18907, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither.