Detrola Corp.

A In the Matter of DETROLA CORPORATION and UNITED ELECTRICAL, RADIO'AND MACHINE WORItERS OF AMERICA, LOCAL 737, C. I. O. Case No. R-40418.-Decided August 26, 194 Jurisdiction : war materials manufacturing industry. s• Investigation and Certification of Representatives : existence of question : con- flicting claims of rival representatives ; contract automatically renewed after petitioner's claim of representation held no bar; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, including the floorladies or supervisors, but excluding the engineering staff, office help, uniformed guards, factory managers, factory superintendents, foremen, foreladies, sales employees, employees with right to hire and dis- charge, and powerhouse employees. Mr. Henry P. Rosin, of Detroit, Mich.; for the Company:' Mr. Frank Scheirer, of New York City, for the- C. I. O. Mr. James F. Reilly,`'of Washington, D. C.,- for the -A. F. of L. Mr. J. Benson Saks, of counsel to the Board. DECISION AND DIRECTION -OF ELECTION 0 STATEMENT OF THE CASE Upon petition duly filed by United Electrical, Radio and Machine Workers of America, Local 737, affiliated with the Congress of Indus- trial Organizations, herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Detrola Corporation, Detroit, Michigan, herein called the Company, the National Labor Relations Board provided for an ap- propriate hearing upon due notice before Harold A. Cranefield, Trial Examiner. Said'hearing was held at Detroit, Michigan, on July 15, 1942. The Company, the C. I. 0., and International Brotherhood of Electrical Workers, Local B-1044, affiliated with the American Fed- eration of Labor, herein called the A. F. of L., 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. , 43 N. L R. B., No. 104. 679 680 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Detrola Corporation is a' Michigan corporation, having its principal office and place of business in Detroit, Michigan. It has been engaged in the manufacture of radio instruments but at present its operations are devoted exclusively to ,the production of war materials for the United States Government. From September 1,1941, through April 1942, it used materials in its manufacturing operations-amounting in value to more than $3,000,000, 64 percent of which represented receipts from outside the State of Michigan. During the same period the Company"shipped from its plant finished products valued at approxi- mately $4,900,000, 93 percent of which represented shipments to States other than Michigan. II: THE ORGANIZATIONS INVOLVED United Electrical, Radio and Machine Workers of America, Local 737, is a labor organization affiliated with the Congress of Industrial Organizations. It admits to membership employees of the Company. International Brotherhood of Electrical Workers, Local B-1044, is a labor organization affiliated with the American Federation of Labor. It admits to. membership employees of the Company. I III. THE QUESTION CONCERNING REPRESENTATION On July 1, 1941, the A. F..of L. and the Company entered into a ,closed-shop contract. By its terms the contract remained in effect until July 1, 1942, and was to continue from year to year thereafter unless changed in a manner specified. The contract further provided that "either party-desiring changes must notify the other in writing at least thirty (30) days prior to July 1 of any year." 1 Since the middle of May 1942, the Company and the A. F. of L. have been negotiating for a change in the contract. On May 29, 1942,,the C. I. 0. requested recognition, which was refused by the Company unless and until the C. I. O. had been certified by the Board. The Company claims that, by virtue of the automatic renewal clause; the contract is still effective and constitutes a bar to this pro- ceeding, since -the Company 'has never received notice from the A. F. of L. of intention to terminate the contract and since the negotiations 1 From February, 1, 1940, to_ July 1, 1941, the Company and the A. F. of L . were parties to another contract containing a similar provision. i DETROLA CORPORATION 681 looking to a change in the contract have not, according to the terms of said instrument, operated as a termination. The A. F. of L. likewise views the contract as a bar. It does not,-however, make any explicit argument analogous to that advanced by the Company. It,claims expressly that the contract has been extended indefinitely through the period of present negotiations and until the execution of,a new con- tract by.v,•irtue of-a,strike settlement agreement entered into on June 9, 1942, by the A. F. of. L., the C. I. 0., and the 'Company, whereby the Company undertook to reinstate the strikers with all their.rights and privileges under the contract with the A. F. of L. It is clear, however, that the settlement agreement of June 9 constituted no.more than, a recognition of the existence of the contract as of that date and that it consequently did not have the effect, claimed by the; A. F vof L. We' find the contentions of the Company and the A. F. of L. to -be without merit. Since the contract with the A. F. of L. was for a term of 1 year, and the C. I. 0. notified the Company of its majority claim and requested recognition prior to the commencement of the 30-day period, when automatic renewal would have occurred in the absence of a request for changes, the contract, even if deemed continued, was thus no bar to the instant proceeding.2 We so find: ' A report of the Regional Director introduced in evidence at the hearing shows that the C. I. 0. represents a substantial number ; of employees in ' the unit hereinafter found appropriate.3 The A. F. of L., relying, on its contract as evidence of its representation, sub- mitted no proof of representation to the Regional Director. 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 l The parties agreed that the,appropriate unit should -include all production and maintenance employees, excluding , the engineering staff, office help, uniformed guards, factory managers, factory super- intendents, foremen, foreladies, sales employees, employees who have 2 Matter " of the Weyerhaeuser Timber Company, Klamath Falls Branch and Lumber and Sawmill • Workers Union, Local No 3026, A F. L, 42 N L R.,B. 499; Matter of the American Oak Leather Company, 1401 Dalton St ., Cincinnati, Ohio and The Interna- tional Fur d Leather Workers Union , Local 214, affiliated with the Congress of "Industrial Organizations, 31 N. L. R. B. 1155 ; Matter of Pressed Steel Car Company, Inc. and Steel Workers Organizing Committee, 41 N. -L. R B. 6. Cf. Matter of Mill B, Inc. and International Woodworkers of America, 40 N. L. R B. 346. "The Regional Director reports that 447 cards out of the 477 submitted to him by the C. I. 0. bear apparently genuine signatures ; that 288 of the 447 signatures are those of persons whose names appear on the Company ' s'pay roll of May 15, . 1942 ; that 61 bear dates between March and December 1941; that 216 bear dates between April and June 1942; that 11 are undated . There are approximately 542 employees in the unit herein- after found appropriate. 682 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the right to'hire, and discharge, and powerhouse employees. The sole issue in this regard is . as to a, class of employees. known as, floor- ladies or, supervisors, whom the C.• I. O. and the Company wish to exclude from; and the-At F. of. L. would,have included in, the ap- propriate' unit. ,'It is•.the function of- the; floorladies to see that, em-, ployees':under them- meet ,'production• standards,,.both as to quality, and, quantity.'. The floorladies take. over the work of • absent ,em- ployee's- or of -those requiring 'relief; • otherwise they perform little . other manual work. - Like the 'employees working under them, they are paid by the -hour, but. at a higher rate.,, They receive their in-_ _ structions, from the foremen or the plant'-manager. , They, do not have the right to-hire or discharge,•but they may recommend disci- pline. Since the floorladies^are,at 'present members of the.A.,F. of L. which has bargained in their ,behalf,, and has obtained terms 'and conditions of employment in its contract with.the Company spe-. cifically applicable to that class of employees, we shall include them within the appropriate unit. • We find that all production and maintenance employees, including the floorladies or supervisors, but excluding the engineering staff, office help, uniformed guards, factory managers, factory superinten- dents;: foremen, -foreladies, sales employees, employees who have the right to hire and, discharge, and -powerhouse employees, 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 the 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 Re- lations Act, and pursuant to Article III, Section 8; of the' National Labor Board Rule's and Regulations-Series 2, as amended, it is hereby • • DIRECTED that, as'part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Detrola Cor- , poration, Detroit, Michigan, an election by secret .ballot shall be con- ducted as early as-possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of DETRiOLA CORPORATION 683, the Regional Director for the Seventh 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. ih the unit,found appropriate in Section IV, above, who were !employed •at ,the Detrola Corporation, Detroit, Michigan,. dur- ing the pay-roll period immediately preceding the date of this Direc- tion, including any such employees who did not work during said pay-roll period because they were i11 ' or •on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding any who have since quit,,or been, discharged for cause, , to determine whether they desire to. be represented by United Electrical, Radio and Machine Workers of America; Local 737, affiliated with the Congress- of Industrial Organizations; or In- ternational' Brotherhood of Electrical Workers, Local B-1044,'affili- ated with the American Federation of Labor, for purposes of col- lective bargaining, or by neither. CHAIRMAN films took no part in the consideration of the above Decision and Direction of Election. ' r