Standard Felt Co.

In the Matter of STANDARD FELT Co , DIVISION OF HUNTINGTON LAND' AND IMPROVEMENT COMPANY and TEXTILE WORKERS UNION OF AMERICA, LOCAL 99, C. I. O. Case No _ R-3964.Decided July 9, 1942 Jurisdiction : felt manufacturing industry Investigation and Certification of Representatives : existence of question re- fusal to accord petitioner recognition until certified by the Boai d , election necessary Unit Appropriate for Collective Bargaining : all production and maintenance employees excluding office workers and supervisory employees Mr Harold S. Cook, of Alhambra, Calif., for the Company. Mr. Wm. W Johnke, of Los Angeles, Calif., for the Union. Miss Melvern R. Krelow, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Textile Workers Union of America, Local 99, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Standard Felt Co, Division of Huntington Land and Improvement Company, Alhambra, California, herein called the Com- pany, the National Labor Relations Board provided for an appro- priate hearing upon due notice before Charles M Ryan, Trial Ex- aminer Said hearing was held at Los Angeles, California, on June 19, 1942 The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed Upon the entire record in the case, the Board makes the following. FINDINGS OF FACT I THE BUSINESS OF THE COMPANY Standard Felt Co. is engaged in business under a registered trade name and is an operating division of Huntington Land and Improve- 42NLRB,No 53 237 238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ment Company, a California corporation. It is engaged in the State of California in the manufacture of wool and woolen cotton felt During 1941, the Company purchased materials valued at approxi- mately $635,000, of which approximately $127,000_ represented pur- chases shipped from points outside the State of California During the same period, the Company manufactured and sold felt, piano felt, and piano hammers, valued at approximately $1,430,000, of which $1,129,000 represented sales of finished products which were shipped to points outside the State of California The Company admits that it is engaged in commerce within the meaning of the Act II THE ORGANIZATION INVOLVED Textile Workers Union of America, Local 99, is a labor organiza- tion affiliated with the Congress of Industrial Organizations, ad- mitting to membership employees of the Company. III THE QUESTION CONCERNING REPRESENTATION On or about May 9, 1942, the Union notified the Company that a majority of the Company's employees had chosen it as their collective bargaining agent, and requested a conference covering collective bargaining negotiations The Company refused unless and until the Union is certified by the Board A report prepared by the Regional Director and introduced in evidence at the hearing indicates that the Union represents a sub- stantial number of the employees of the Company in the unit herein- after found to be 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 National Labor Relations Act IV. THE APPROPRIATE UNIT The Union contends that all production and maintenance em- ployees of the Company, excluding office workers and supervisory employees, constitute a unit appropriate for the purposes of collec- tive bargaining The Company contends that the maintenance em- ployees should not be included in the group of production employees on the giound that the maintenance employees engage in a type of work different from that of the production employees 1 The Regional Director reported that the Union submitted 73 duplicate initiation cards dated between November 1'940 and May , 1942 Of the 73 cards submitted, 66 bear ap- parently genuine original signatures of-persons whose names appear on the Company's pay roll of May 18, 1942 There are approximately 145 employees in the unit STANDARD FELT CO 239 There are appioxlmately 15 or 20 maintenance employees They do all mechanical repairing, take tale of the grounds, keep the equip- ment in condition, undertake any construction work or repairs that are of a minor character, and move heavy equipment The Union has extended its organizational effoits among these employees, they are eligible to membeiship in the Union and no other labor organization is seeking to repiesent them It appears, moreover, that in 1937 a consent election was held by the Board among the employees in the pioduction and maintenance departments of the Company (Case No XXI-R-397) We shall include maintenance employees in the appropriate unit 2 We find that all pioduction and maintenance employees of the Company, excluding office workeis and supervisory employees, con- stitute a unit appropiiate foi 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 conceimng representation which has aiisen be iesolved by an election by secret ballot among the employees in the appropriate unit who were employed during the pay- ioll period immediately preceding the date of our Direction of Election herein, subject to the limitations and additions set forth in said Direction DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Boaid by Section 9 (c) of the National Labor Re- lations Act, and pursuant to Article III, Section 8, of National Labor Relations Boaid Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain repte- sentatives for the piu poses of collective bargaining with Standard Felt Co, Division of Huntington Land and Improvement Company, Alhambra, Califoinia, an election by secret ballot shall be conducted as early as possible but not later than thirty (30) days from the date of this Diiection, 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 Article III, Section 9, of said Rules and Regulations, among the employees in the unit found appropriate in-Section IV, above, who 2 See Matter of Sun Tent -Luebbert Co and Tewttle Workers anon of Amerwa, Local 99,0IO , 37NLRB899 240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD were employed during the pay-roll period immediately pieceding the date of this Direction, including employees who did not work during said pay-roll period because they weie ill or on vacation or in the active military service or tiaining of the United States, or temporarily laid off, but excluding employees who have-since quit or been discharged for cause, to determine whether or not they desire to be iepresented by Textile Workers Union of America, Local 99, C 1 0, for the purpose of collective bargaining c In the Matter Of STANDARD FELT Co, DIVISION OF HUNTINGTON LAND AND IMPROVEMENT COMPANY and TEXTILE WORKERS UNION OF AMER- ICA, LOCAL 99, C I 0 Case No R-3964 CERTIFICATION OF REPRESENTATIVES August 8, 1942 On July 9, 1942, the National Labor Relations Board issued its Decision and Direction of Election in the above-entitled pioceeding.1 Puisualit to the Direction of Election, an election by seciet ballot was conducted on July 24, 1942, under the direction and supeivision of the Regional Director fox the Twenty-first Region (Los Angeles, Call- folnia) On July 25, 1942, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly seived upon the pai ties an Election Repoit. No objections to the conduct of the bal- lot or to the Election Report have been filed by any of the pasties As to the balloting and its i esults, the Regional Diiector 1 epos ted as follows Total on eligibility list-------------------------------------- 153 Total ballots cast------------------------------------------ 134 Total ballots challenged------------------------------------- 2 Total blank ballots__________________________________________ 0 Total void ballots------------------------------------------- 0 Total Valid votes cast--------------------------------------- 132 Votes cast for Textile Woikeis Union of America, Local 99, C I 0--------------------------------------------------- 80 Votes cast against Textile Woikeis Union of America, Local 99, C I 0--------------------------------------------------- 52 By virtue of and pursuant to the power vested in the National Labor Relations Boaid by Section 9 (c) of the National Labor Rela- tions Act, 49 Stat 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that Textile Workers Union of Ameilca, Lo- cal 99, C I 0, has been designated and selected by a majority of all production and maintenance employees of Standard Felt Co , Division 1 42 N L R B 237 42NLRB,No53a 472814-d2-N o1 42--16 241 fi 242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of Huntington Land and Improvement Company, Alhambi a, Cali- fornia, excluding office workers and supervisory employees, as their representative for the purposes of collective bargaining and that, pursuant to Section 9 (a) of the National Labor Relations Act, Textile Workers Union of America, Local 99, C. 10., is the exclusive repre- sentative of all such employees for the purposes of collective bargain- ing in respect to rates of pay, wages, hours of employment, and other conditions of employment.