Electric Household Utilities Corp.

In the Matter Of HURLEY MACHINE DIVISION OF ELECTRIC HOUSEHOLD UTILITIES CORPORATION,' EMPLOYER and UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, C. I. 0.,2 PETITIONER Case No. 21-R-3762.-Decided April 03, 1947 Mr. Leonard H. Davidson, of Los Angeles, Calif., and Messrs. A. W. Clark and John E. Gunderson, of El Monte, Calif., for the Employer. Messrs. John V. Daugherty and Arthur L. Shultz, of El Monte, Calif., and Mr. J. L. Harty, of Los Angeles, Calif., for the Petitioner. Mr. A. T. Holland, of El Monte, Calif., for the Washing Machine Workers. Messrs. C. DeMontreville, Brice Worley, and Mark H. Mayhew, of Los Angeles, Calif., for the I. B. E. W. Mr. Bernard L. Balicer, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Los Angeles, California, on March 5, 1947, before Eugene M. Purver, hear- ing officer. The hearing officer's rulings made at the hearing are free from prejudicial 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 THE EMPLOYER The Employer is an Illinois corporation engaged in the manufac- ture and distribution nationally of washing, ironing, and dish-wash- ing machines. Its principal office is located at Cicero, Illinois. At its El Monte, California, plant, the only plant involved in this pro- ceeding, the Employer assembles washing machines from parts ' Title as amended at the hearing. 2 Subsequent to the hearing , the Petitioner filed a motion with the Board to amend its designation in the petition and formal papers from United Electrical, Radio and Machine Workers of America , Local 1421 , C I 0., to United Electrical , Radio and Machine Workers of America , C. I 0 The motion is heieby granted. 73 N. L. R. B., No. 101. 500 ELECTRIC HOUSEHOLD UTILITIES CORPORATION 501 shipped from Illinois and suppliers in California. The assembled washing machines are shipped to dealers in California and to other branches of the Employer located outside as well as within the State of California. Raw materials used in the manufacture of finished prod- ucts at the El Monte plant annually exceed $40,000 in value, of which 70 percent is shipped to the El Monte plant from points outside the State of California. Sales of the El Monte plant exceed $2,000,000 annually, of which approximately 50 percent is shipped to other branches of the Employer located outside the State of California. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. Independent Union of Washing Machine Workers of Southern Cali- fornia, herein called the Washing Machine Workers, is a labor organi- zation, claiming to represent employees of the Employer. International Brotherhood of Electrical Workers, Local B-11, herein called the I. B. E. W., is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate Unit .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. IV. THE APPROPRIATE UNIT We find, in substantial accord with the agreement of the parties, that all production and maintenance employees of the Employer at its El Monte, California, plant, including watchmen 4 and leadmen, but ex- cluding office employees and all or any other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise 9 At the hearing, the Petitioner urged that the motion of the I. B E W. to intervene in the proceedings and be afforded a place on the ballot be denied on the ground that the I. B E W. had not made an adequate showing of substantial interest . Petitioner's motion is hereby denied See Matter of 0 D Jennings & Company, 68 N. L R B 516. 4 Although it took a contrary position at the hearing , the Petitioner later advised the Board that it was in agreement with the Intervenors that the watchmen should be included in the unit The Employer took no position regarding their inclusion 502 DECISIONS OF NATIONAL LABOR RELATIONS BOARD effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collec- tive 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, subject to the limitations and additions set forth in the Direction. The I. B. E. W. contends that an election should be postponed be- cause of the contemplated expansion of the Employer's working force. There were approximately 56 employees in the agreed appropriate unit at the time of the hearing. Although the Employer's production manager stated that the employees then employed represented a stable unit which would not expand beyond a total of 60 employees, the Em- ployer's vice president and general manager testified that the Employer had tentative plans to expand its working force to between 125 and 150 employees. He stated, however, that this expansion depended on the availability of production and building materials. The record does not indicate that the employees presently employed are unrepre- sentative of any contemplated ultimate working force. Inasmuch as the expansion of the unit is contingent upon factors beyond the Em- ployer's control, any increase in its working force being in the unpre- dictable future, we, find that an election is now appropriate. We shall, however, entertain a new petition for an investigation and certification of representatives affecting the employees involved herein within the next year, but not before the expiration of 6 months from the date of any certification we may issue in the instant proceeding upon proof (1) that the number of employees in the appropriate unit is more than double the number eligible to vote in the election herein- after directed; and (2) that the Petitioner represents a substantial number of employees in the expanded appropriate unit.5 The Petitioner urges that newly hired employees are probationary and therefore should not be permitted to vote. The record is clear, however, that the Employer does not set probationary periods or des- ignate new employees as probationary. New employees are regarded by the Employer as permanent to the same extent as all other em- ployees, and are subject to the same rules, regulations, and working conditions. Inasmuch as they have the same substantial interest in the terms and conditions of employment as the other employees, we shall, subject to the limitations set forth in the Direction of Election, permit the new employees to vote in the Election.' 5 Matter of Advance Glove Manufacturing Company, 71 N L R B 715 ; Matter of Aluminum Company of America, 52 N. L R. B. 1040. 6 Matter of Joseph T. Ryerson (Son, Inc, 67 N L R B 88 ELECTRIC HOUSEHOLD UTILITIES CORPORATION DIRECTION OF ELECTION 7 503 As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with Hurley Machine Division of Elec- tric Household Utilities Corporation, El Monte, California, an elec- tion 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 Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4, among the employ- ees in the unit found appropriate in Section IV, above, who were em- ployed during the pay-roll period immediately preceding the date of this Direction, including employees who (lid 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 or not they desire to be represented by United Electrical, Radio and Machine Workers of America, C. I. 0., by Inde- pendent Union of Washing Machine Workers of Southern California, by International Brotherhood of Electrical Workers, Local B-11, A. F. of L., for the purposes of collective bargaining, or by none of these labor organizations. CHAIRMAN HERZOG took no part in the consideration of the above Decision and Direction of Election. 7 Any participant in the election herein may, upon its prompt request to, and approval thereof by, the Regional Director, have its name removed from the ballot