The Belmont Products Co.

In the Matter of THE BELMONT PRODUCTS COMPANY and AMERICAN FEDERATION OF LABOR Case No. R-3981.Deczded July 16, 1942 Jurisdiction . tile manufacturing industry Investigation and Certification of Representatives - existence of question re- fusal to accord recognition to eithei of competing unions until certified by the Board, current past oil directed to be used to deter mine eligibility despite unions'- desire that eligibility be determined as of the date of filing of petition, election necessary Unit Appropriate for Collective Bargaining - all employees at Company's Toledo, Ohio, plant, excluding supetvsoiy and office employees, stipulation as to Mr. Rainey Donovan, for the Board Mr. Edward H. Draheim, of Toledo. Ohio, for the Company Mr William F Stun, of Toledo, Ohio, for the A F. of L. Mr. Carl C Schmidt, of Toledo, Ohio, for the United. Mr David Karasick, of counsel to the Board DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by American Federation of Labor, herein called the A F of L, alleging that a question affecting commerce had arisen concerning the representation of employees of The Belmont Products Company, Toledo, Oliio, herein called the Company, the National Labor Relations Board, herein called the Board, provided for an appropriate hearing upon due notice before J. J Fitzpatrick;`Trial Examiner Said hearing was held at Toledo, Ohio, on June 24, 1942. The Board, the Company, the A F of L, and United Construction `Yorkers Division of District 50, U M W. A, CIO, herein called the United, 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 erroi and are hereby affirmed. Upon the entire record in the case, the Board makes the following. 42 N L R B, No 100 485 486 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT I THE BUSINESS OF THE COMPANY The Belmont Products Company, an Ohio corporation, which-main- tains its principal place of business and office at Toledo, Ohio, is en- gaged in the manufacture of flooring tile used principally in United States naval vessels All of its principal raw materials, valued at $15,000 annually, are obtained from States other than the State of Ohio Ninety-nine per cent of the Company's finished products, which are valued at approximately $45,000 annually, are shipped to States other than the State of Ohio II THE ORGANIZATIONS INVOLVED American Federation of Labor, and United Consti uction Workers Division of District 50, United Mine Workers of Ameilca, affiliated with the Congress of Industrial Organizations, are labor organizations, each of which admits to membership employees of the Company III THE QUESTION CONCERNING REPRESENTATION The Company will not recognize or bargain with either the A F of L or the United unless one of them is certified by the Board A statement of the Field Examiner introduced in evidence at the hearing shows that the A F of L and the United each represents a substantial number of employees in the unit hereinafter found appro- priate 1 1 The Field Examiner reported that the A F of L submitted 45 application cards, all bearing genuine signatures, of which 39 were dated between March 26 and 29, 1942, and 6 undated , and that the United submitted 24 designation cards, all of which bore genuine signatures and were dated between March 23 and 26, 1942 The Field Exiininei further reported that the Company submitted 2 pay rolls, one dated May 20, 1942, and the other dated June 1, 1942 , that on May 20, 1942, the plant of the Company was not in operation but the pay roll of that date listed the employees who had temporarily been laid off and whom 'the Company stated would probably be c'illed upon resumption of opeiitions The Company's pay roll of May 20, 1942 showed a total of 29 production employees, 8 of whom were working on that date, and 21 of whom were listed as temporarily laid off Of the 45 membership application cards submitted by the A F of L , the names appearing on 20 of these cards also appeared on the pay ion of the Company of May 20, 1942, and of the 24 designation cards submitted b} the United, the names appearing on 6 of the cards also appeared on the pay roll of the Company of that date Five of the A F of L and United cards were duplicates On June 1, 1942, the Company had resumed.operations and its pay roll of that date showed a total of 14 production employees Of the 4;, membership apph- cation cards of the A F of L , the names of 10 of the signers appeared on the pay, roll of the Company for June 1, 1942, and of the 24 designation cards of the United, the n'ime of 1 signer appeared on the pay roll of that date The person who had signed the United card had also signed a membership application card of the A F of L The cards submitted to the Field Examiner by the United as proof of its claim of representation designated the "United Construction Workers Organizing Committee, C I 0 ," herein called the Committee, as bar- gaining agent Notice of hearing was served upon the Committee and its representative appeared at the hearing and testified that the United Construction Workers Divis.on of ii THE BELNIONT PRODUCTS COMPANY 487 We find that a question affecting commerce has allsen concelmug the representation of employees of the Company within the meaning of Section 9 (c) and Section 2 (6) and- (7) of the National Labor Rela- tions Act. IV THE APPROPRIATE UNIT In accordance with a stipulation of the patties, we find that all employees of the Company at its Toledo, Ohio, plant, excluding supei - visory and office employees, constitute a' unit appropriate for the pur- poses of collective bargaining within the meaning of Section 9. (b) of the Act V THE DETERMINATION OF REPRESENTATIVES We find that the question concerning repiesentation which has allsen can best be resolved-by an election by secret ballot The A. F. of L requested that eligibility to vote be deteimined as of the date of its petition which was filed Apiil 1, 1942, and the United stated-that it had no objection to that eligibility date. The Field Examiner's state- ment as noted in the margin 2 shows that the plant was not in open ation on May 20, 1942, but the record does not show when operations ceased and when, prior to June 1, 1942, operations weie resumed The Com- pany takes the position that a current pay roll should be used because of the large turnover of employees The president of the Company testified that he expected an increase in business in the next 60 or 90 days, but that he could not estimate the extent of such an increase, and he further testified that the Company contemplates I ecalling all its old employees at such time, as its business may be increased Under these circumstances, -%1 e shall diiect that the employees of the Com- pany eligible to vote in the election shall be those in the appi opi late unit who were employed during the pay-loll period immediately pre- ceding the date of the Diiection of Election herein, including those employees who weie not working but weie temporarily laid off at the time the Company ceased operations on or befoie May 20, 1942, sub- ject to the limitations and additions set forth in the Diiection, District 50, United Mine Woikers of Ameilca , affiliated with the Congress of Industrial 01 ganvations , had become the successor of the Committee , that all the members, personnel, officers, and finances of the Committee had been taken over by the United , that new cards designating the United rather than the Committee as bargaining agent had not yet been signed , and that application for a charter from the United had been made and that a charter had been granted but had not yet been received We find that the United has made q suffi- cient showing of interest to participate in this proceeding we are not here concerned, nor do we make any finding , with respect to the question whether or not the status of the United is that of successor to the Committee 2 See footnote 1, supra 488 ci DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Laboi Relations Act, and pursuant to Aiticle III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation oidered by the Board to ascertain representatives for the purposes of collective bargaining with The Belmont Products Company,' Toledo, 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 of Election, undei the diiec- tion and supervision of the Regional Director for the Eighth Region, acting in this matter as agent for the National Labor Relations Boaid 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 were employed at the Company's Toledo, Ohio, plant dur- ing the pay-roll period immediately pieceding the date of this Direc- tion, including any such employees who did not work dining said pay-roll-period because they were ill or on vacation or in the active mili- tary service or training of the United States, or temporarily laid off, and also including employees who did not woik but were temporarily laid off upon cessation of the Company's opeiations on or before May 20, 1942, but excluding any who have since quit or been discharged for cause, to determine whether they desire to be represented by American Federation of Labor, or by United Construction Workers Division of District 50, United Mine Workers of America, affiliated with the Con- gress of Industrial Organizations, for the purposes of collective bar- gaining, or by neither MR GERARD D REILLY took no part in the consideration of the above Decision and Direction of Election