Mitchell Manufacturing Co.

In the Matter Of MITCHELL MANUFACTURING COMPANY, EMPLOYER and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, A. F. or L., PETITIONER Case No. 13-R-3690.-Decided September 10, 1946 Mr. Stanley K. Feinberg, of Chicago, Ill., -for the Employer. Mr. Daniel D. Carmel, by Messrs. Lester Asher and William F. Cleary, of Chicago, Ill., for the Petitioner. Messrs. Sam Kushner and Earl T. McGrew, of Chicago, Ill., for the Intervenor. Mrs. Augusta Spaulding, of counsel to the Board. a DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Chicago, Illinois, on August.1, 1946, before Kate Wallach, Trial Examiner. The Trial Examiner's -rulings made at the hearing are free from prej- udicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF TIIE EMPLOYER I Mitchell Manufacturing Company, a Delaware corporation, has its principal offices and plant at Chicago, Illinois,-where it is engaged in the assembly and sale of lighting fixtures for use in stores, offices, and factories. During 1945, the Employer purchased for its plant raw materials valued in excess of $50,000, a substantial proportion of which was purchased outside Illinois. During the same period, the Employer sold products, finished at its plant, valued in excess of $50,000,, the majority of which was shipped to points outside Illinois. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act: 70 N L. R B, No. 116 1268 MITCHELL MANUFACTURING COMPANY 11. THE ORGANIZATIONS INVOLVED 1269 The Petitioner is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. Local 1121, affiliated with the United Electrical, Radio & Machine Workers of America, herein called Intervenor, is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. III. TILE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees in the air conditioning de- partment at the Employer's Clybourn Avenue plant until the Peti- tioner has been certified by the Board in an appropriate bargaining unit. On April 15, 1941 , the Board issued a Decision and Direction of Election in Case No . R-2421,1 a prior representation proceeding con- cerning employees at the Employer's Clybourn Avenue plant, finding that production and equipment maintenance employees , excluding building maintenance, clerical, engineering, and supervisory em- ployees, constituted an appropriate bargaining unit,, and, of May 27, 1941, a Certification of Representatives , certifying the Intervenor as the exclusive bargaining representative of these employees. About a year later, the Employer decided to conduct some investi- gations in the field of air conditioning. An engineer and an assistant were hired for experimental work. In November 1945, the Employer hired one new employee to assist the engineer in work upon a sample air conditioning product. In February 1946, a labor dispute arose among employees at the plant. In settlement of this dispute, the Employer recognized the Petitioner as the exclusive bargaining representative of employees in the machine shop at the plant, and, on February 12, 1946, entered into a contract with the Petitioner covering these employees. On February 13, 1946, the Employer entered into an exclusive bargaining contract with the Intervenor covering production and maintenance employees at the plant , excluding, inter alia, employees in the machine shop. This contract, which provides for membership in the Intervenor as a condition of employment after 80 hours of service with the Employer, purports to be made on behalf of members of the Intervenor then or thereinafter employed by the Employer at the plant or "at any reloca- tion or expansion" of the plant. - - - Sometime after the execution of the contracts noted above, the Employer, deciding to manufacture air conditioning products , cleared 3 Matter of Mitchell Manufacturing Oompany, 30 N. L. R B. 1211. 1270 DECISIONS OF NATIONAL LABOR RELATIONS BOARD space in the plant, installed equipment,-and began hiring employees for the new work. Production began in the department in April 19.46. Approximately 19 new employees were hired for-the department. No employees were transferred from other departments for production work on air conditioning products. The Petitioner organized these employees, and desired to represent them. The Intervenor, however, required them to sign authorization cards of the Intervenor as a condi- tion of employment and demanded that the Employer deduct dues from their pay checks as 'Members of the Intervenor. On June 10, 1946, the Petitioner filed its petition in,this proceeding. The Intervenor contends that employees in the air conditioning department constitute an integral part of its production and imzainte- nance unit and that its contract of February 13, 1946, constitutes a liar to a determination of representatives among them at this time.2 titre do not agree. Where, after the execution of a contract covering pro- duction and maintenance employees at its plant, an employer enters into a wholly new business venture-and-hires new employees for a new type of production department, and alabor organization, other than the contracting labor organization, also claims to represent these new employees, we believe that the contract, even though it provides for an expanding unit, does not constitute a bar to a cleterminatiort of repre- sentatives among such employees upon petition of the rival union.3 We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 1V. THE APPROPRIATE UNIT ; THE DETERMINATION OF REPRESENTATIVES, The Petitioner contends that employees in the air conditioning department at the Employer's Clybourn Avenue plant, excluding clerical and supervisory employees, constitute an appropriate bargain- ing unit. The Intervenor contends that these employees constitute an integral part of the larger production and maintenance unit and that the separate unit urged by the•Petitioner is not appropriate for bar- gaining purposes. The plant consists of it number of manufacturing departments, located on five floors'of°the plant building. The stockroom occupies the basement floor. The entrance for employees, the tool and die shop, and the machine shop occupy the first floor. The shipping room, the, air conditioning department, and a department limited to the use of e we find it unnecessary to resolve the conflicting testimony concerning conversations which may have taken place between representatives of the Employer and the Intervenor regarding the coverage of employees to be hired for the air conditioning department after the period when the contract was executed. ' Matter of Rheem Manufacturing Company, 57 N L. R. B. 254. MITCHELL MANUFACTURING COMPANY 1271 Roy Plating Company,' a subsidiary company, occupy the second floor. A general office, a department for the assembly and manufacture of i portable floor and table lamps, and a separate section devoted to the' manufacture of portable lighting specialties occupy the third floor. A departmef t devoted exclusively to the manufacture of commercial and industrial fluorescent lighting fixtures occupies the fourth floor. The general manager of factory operations is in charge of all depart- ments. Under him a plant superintendent is responsible for coordi- nating the work of certain manufacturing departments. The super- intendent of the air conditioning department, however, reports directly to the general manager. This department occupies a completely parti- tioned space on the second floor of the building. Employees in the department are not transferred to-or from other departments of the plant. Except for the spraying of parts and some coil work, the entire manufacture of air conditioning equipment is performed in the department. Material for and products made and packed in the department, however, pass through the plant shipping department, which serves all departments in the plant. We believe that employees in the air conditioning department may, under these circumstances, constitute part of the production and main- tenance unit or may properly constitute a separate bargaining unit. We will conduct an election among employees in the air conditioning department, excluding clerical employees and supervisory employees within our customary definition of that term, to determine whether they desire to be represented by the Petitioner or by the Intervenor or by neither, and we will predicate, in part, our appropriate unit find- ings upon the results of this election. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with Mitchell-Manufacturing Company, Chicago, Illinois, 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 Direc- tor for the Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of National Labor Relations Board Rules and Regulations- Series 3, as amended, among employees of the Employer in the air conditioning department at its Clybourn Avenue plant, who were em- ployed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay- All products of Roy Plating Company are used by the Eniplover. Employees of Roy Plating Company are not included in the Intervenor's production and maintenance unit. 1272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD roll period because they were ill or on vacation or temporarily, laid off, and including emp]oyees-in the armed forces of the United, States who present themselves in person at the polls, but excluding clerical em- ployees, all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, and 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 represented by International Brotherhood of Electrical Workers; A. F. of L., or by Local 1121, affiliated with the United Electrical, Radio Machine Workers of America, CIO, for the purposes of collective bargaining, or by neither. MR. JAMES J. REYNOLDS, JR., took no part in the consideration of the above Decision and Direction of Election.