Warwick Manufacturing Corporation

In the Matter of WARWICK MANUFACTURING CORPORATION and INTER- NATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL B-1031 Case No. R-13,06.-Decided May 10, 1939 Radio Assembly Industry-Investigation of Representatives : controversy con- cerning representation of employees : rival organizations-Unit Appropriate for Collective Bargaining : all employees, excluding executives , clerical workers, laboratory workers, salesmen , parts salesmen, and supervisors ; stipulation as to-Election Ordered Mr. Stephen M. Reynolds, for the Board. Mr. Bernard C. Schiff, of Chicago, Ill., for the Company. Mr. Sol L. August, of Chicago, Ill., for the Brotherhood. Mr. Leon M. Despres, of Chicago, Ill., for the United. Mr. Roscoe L. Barrow, of counsel to the Board. .DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On January 13, 1939, International Brotherhood of Electrical Workers, Local B-1031, herein called the Brotherhood, filed a peti- tion and on March 21, 1939, an amended petition, with the Regional Director for the Thirteenth Region (Chicago, Illinois) alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Warwick Manufacturing Corporation, Chicago, Illinois, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 13, 1939, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act, and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 1, as amended, ordered an investigation and au- thorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On March 22, 1939, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the Broth- 12 N. L. R. B., No. 94. 910 WARWICK MANUFACTURING CORPORATION 911 erhood, and the United Electrical, Radio and Machine Workers of North America, herein called the United, a labor organization claim- ing to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on March 30, 1939, at Chi- cago, Illinois, before Samuel H. Jaffee, the Trial Examiner duly des- ignated by the Board. The Board, the Company, the Brotherhood, and the United were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner ruled on various motions and on objections to the admis- sion of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. On March 30, 1939, the Company and counsel for the Board en- tered into a stipulation concerning the interstate character of the Company's business. The stipulation was put in evidence and made a part of the record. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Warwick Manufacturing Corporation is a Delaware corporation with its office and principal place of business in Chicago, Illinois. It is engaged in the assembly, sale, and distribution of radios. The principal materials used in the Company's operations are cabinets, tubes, speakers, transformers, coils, and condensers. During 1938 the Company purchased parts for use in the assembly of radios cost- ing approximately $590,000, of which about 45 per cent were shipped to the respondent from points outside Illinois. Gross sales of fin- ished products for 1938 totaled approximately $857,000, of which about 80 per cent were shipped to points outside Illinois. II. THE ORGANIZATIONS INVOLVED International Brotherhood of Electrical Workers, Local B-1031, is a labor organization affiliated with the American Federation of Labor, admitting to membership all employees of the Company ex- cept executives, clerical workers, laboratory workers, salesmen, parts salesmen, and supervisors. United Electrical, Radio and Machine Workers of North America is a labor organization admitting to membership employees of the Company in the same category and making the same exclusions. 912 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION Both the Brotherhood and the United claim that they have been designated the exclusive representative for collective bargaining by a majority of the employees in the unit agreed upon as appropriate. Each asked the Company to recognize its majority status and to meet with it for purposes of collective bargaining. The Company refused to recognize either union as the exclusive bargaining agent. On January 13, and March 21, 1939, the Brotherhood filed its peti- tion and amended petition respectively. We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tends to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. V. THE, APPROPRIATE UNIT The Brotherhood and the United have stipulated that the unit appropriate for collective bargaining should consist of all the em- ployees of the respondent, excluding executives, clerical workers, laboratory workers, salesmen, parts salesmen, and supervisors. The Company raised no objection to the unit agreed upon by the unions, and we see no reason for invalidating it. We find that all the employees of the Company, excluding execu- tives, clerical workers, laboratory workers, salesmen, parts salesmen, and supervisors, constitute a, unit appropriate for the purposes of collective bargaining and that such unit will insure to the 'employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise will effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES Neither the Brotherhood nor the United offered sufficient proof of its majority status during the hearing, and both requested that an election by secret ballot be held to resolve the question concerning representation. We find that an election by secret ballot will best resolve the question concerning representation. The Brotherhood WARWICK MANUFACTURING CORPORATION 913 and the United stipulated, during the hearing, that in the event of an election all employees in the appropriate unit whose names ap- pear on the Company's pay roll for March 25, 1939, should be eligible to vote therein. It was further stipulated by the Brother- hood and the United that employees within the unit who were left off this pay roll because of illness, and certain employees in the unit (11 or 12 in number) who, the United charges, have been dis- criminatorily discharged by the Company, should be permitted to cast ballots subject to challenge, and that after the election the Board should, if necessary to determine the result, decide the eli- gibility of these employees to vote. No reason appearing for depart- ing from these eligibility provisions we shall follow them in our Direction of Election. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Warwick Manufacturing Corporation, Chicago, Illinois, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All the employees of the Company, excluding executives, cleri- cal workers, laboratory workers, salesmen, parts salesmen, and super- visors, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 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 Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 1, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for collective bargaining with Warwick Manufacturing Corporation, Chicago, Illinois, an election by secret ballot shall be conducted within fifteen (15) days from the date of this Direction, under the direction and supervision of the Regional Director for the Thirteenth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Sec- tion 9, of said Rules and Regulations, among all the employees of Warwick Manufacturing Company, Chicago, Illinois, on the Com- pany's March 25, 1939, pay roll, all the employees of the Company left off the said pay roll because of illness, and all employees alleged 914 DECISIONS OF NATIONAL LABOR RELATIONS BOARD by United Electrical, Radio and Machine Workers of North America to have been discriminatorily discharged by the Company (the latter two groups to cast ballots subject to challenge), excluding executives, clerical workers, laboratory workers, salesmen, parts salesmen, super- visors, and those who have since quit or been discharged for cause, to determine whether such employees desire to be represented for the purposes of collective bargaining by International Brotherhood of Electrical Workers, Local B-1031, or by United Electrical, Radio and Machine Workers of North America, or by neither. [SAME TITLE] AMENDMENT TO DIRECTION OF ELECTION May 23, 1939 On May 12, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceedings. The Direction of Election directed that an election by secret ballot be conducted under the direction and supervision of the Regional Director for the Thirteenth Region (Chicago, Illinois), within fifteen (15) days from the date of the Direction, among all the employees of Warwick Manufacturing Corporation, herein called the Company, Chicago, Illinois, whose names appear on the Company's March 25, 1939, pay roll, all the employees left off the said pay roll because of illness, and all em- ployees alleged by United Electrical, Radio and Machine Workers of North America, a labor organization claiming to represent em- ployees in the plant, to have been discriminatorily discharged by the Company (the latter two groups to cast ballots subject to chal- lenge), excluding executives, clerical workers, laboratory workers, salesmen, parts salesmen, supervisors, and those who have since quit or have been discharged for cause, to determine whether such em- ployees desire to be represented for the purposes of collective bar- gaining by International Brotherhood of Electrical Workers, Local B-1031, or by United Electrical, Radio and Machine Workers of North America, or by neither. Having been advised by the Regional Director that United Elec- trical, Radio and Machine Workers of North America wishes that its name be omitted from the ballot in the election, and that a longer time within which to prepare for the election is required, the Board hereby amends its Direction of Election by striking therefrom the words "whether such employees desire to be represented for the pur- WARWICK MANUFACTURING CORPORATION 915 poses of collective bargaining by International Brotherhood of Electrical Workers, Local B-1031, or by United Electrical, Radio and Machine Workers of North America, or by neither" and sub- stituting therefor the words "whether or not they desire to be repre- sented by International Brotherhood of Electrical Workers, Local B-1031, for the purposes of collective bargaining." The Board hereby further amends its Direction of Election by striking therefrom the words "within fifteen (15) days from the date of this Direction" and substituting therefor the words, "within thirty (30) days from the date of this Direction." 12 N. L. R. B., No. 94a. 169134-39-vol. 12-59