Grayson Heat Control, Ltd.

In the Matter of GRAYSON HEAT CONTROL, LTD. and UNITED ELEO- TRICAL, RADIO & MACHINES WORKERS OF AMERICA , LOCAL No. 1421, C. I. O. Case No. R-1420.-Decided August 12, 1939 Thermostatic Control Manufacturing Industry-Investigation, of Represent- atives: controversy concerning representation of employees; refusal by em- ployer to recognize union until union certified by the Board; controversy as to appropriate unit-Unit Appropriate for Collective Bargaining: production and maintenance employees, including working supervisors, servicemen, stockroom and shipping clerks, and janitor, excluding non-working supervisors, clerical workers, draftsmen, laboratory workers, and engineers; controversy as to in- clusion and exclusion of certain employees-Representatives: dispute as to pay-roll date to be used to determine eligibility ; proof of choice in appropriate unit inadequate-Election Ordered Mr. William R. Walsh, and Mr. Francis J. McTernan, Jr., for the Board. Mr. Errol Owen Showr, of Los Angeles, Calif., and Latham c.6 Watkins, by Mr. Paul R. Watkins, of Los Angeles, Calif., for the Company. Mr. Vernon R. Kennedy and Mr. A. L. Wirin, both of Los Angeles, Calif., for the Union. Mr. Robert D. Allen, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On March 4, 1939, United Electrical, Radio & Machine Workers of America, Local 1421, C. I. 0., herein called the Union, filed with the Regional Director for the Twenty-first Region (Los Angeles, California) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Grayson Heat Control, Ltd., Lynwood, California, herein called the Com- pany, and requesting an investigation and certification of represent- atives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On June 6, 1939, the National 14 N. L. R.. B., No. 38. 491 492 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On June, 9, 1939, the Regional Director issued a notice' of hearing, copies of which were duly served upon the Company and upon .the Union. Prior to the date set for the hearing the Company requested a postponement thereof, which request was denied by the Regional Director. His ruling in this regard is hereby affirmed. Pursuant to the notice a hearing was held on June 26 and 27, 1939, at Los Angeles, California, before A. Bruce Hunt, the Trial Examiner duly designated by the Board. The Board and the Company were rep- resented by counsel, and the Union by its district representative and by counsel; all participated in the hearing. Full opportunity to be heard, to examine and to cross-examine witnesses, and to intro duce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to. the admissions of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby af- firmed. Pursuant to the request of the Company duly made after the hearing, leave was granted to all parties to file briefs on or before July 29, 1939. The Company filed a brief which the Board has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Company is a California corporation, having its principal place of business at Lynwood, California. It is engaged in the man- ufacture, sale, and distribution of thermostatic controls and employs some 275 workers in its plant. During the year 1937 the Company purchased raw materials to a value of $480,703.79, consisting prin- cipally of brass and copper, of which about $300,000 represented pur- chases of materials received from points outside the State of Cali- fornia. Approximately the same figures are applicable to purchases for 1938. The Company's volume of sales for 1938 was approxi- mately $1,200,000, of which $520,000 represented sales to purchasers outside the State of California. GRAYSON NEAT CONTROL, LIMITED II. THE ORGANIZATION INVOLVED 493 United Electrical, Radio & Machine Workers of America, Local 1421, C. I. 0., is a labor organization affiliated with the Congress of Industrial Organizations. It apparently admits to membership all employees of the Company, excluding clerical employees, non- working supervisors, draftsmen, laboratory workers, and engineers. III. THE QUESTION CONCERNING REPRESENTATION Sometime prior to September 1938, and on several occasions there- after, the Union sought to negotiate with the Company in an effort to gain recognition as representative of the employees in the pro- posed unit. This effort met with the repeated refusal of the Com- pany to recognize the Union's claims until it had been certified by the Board as the proper representative. We find that a question has arisen concerning 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 commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union contends that all production and maintenance em- ployees of the Company, including working supervisors, servicemen, stockroom and shipping clerks, and the janitor, constitute an appro- priate unit; and that non-working supervisors, clerical workers, draftsmen, laboratory workers, and engineers should be excluded therefrom: The Company agrees to the proposed unit, except that it desires the inclusion of draftsmen and laboratory workers. Laboratory workers and draftsmen employed by the Company de- velop and test designs for new products or for the improvement of those already in production. Their work requires, and they possess, a degree of technical training not required of ordinary production employees. They do not participate in production itself. There is little or no interchange of personnel between the production and -494 DECISIONS OF NATIONAL LABOR RELATIONS BOARD :maintenance department on the one hand , and the drafting depart- ment and laboratory on the other . We shall exclude draftsmen and laboratory workers from the unit. We find that the production and maintenance employees of the Company, including working supervisors , servicemen, stockroom and shipping clerks, and the janitor , but excluding non-working super- visors, clerical workers, draftsmen, laboratory workers, and engi- neers, constitute a unit appropriate for the purposes of collective bar- gaining and that said unit will insure to the employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES The appropriate unit. as above defined consisted of 248 employees, including those on temporary lay-off and 1 not working because of illness, according to the pay roll of February 25, 1939, the pay-roll date nearest the date of the filing of the petition herein. It included 268 employees, including those not working because of illness or 'vacations, according to the pay roll of June 17, 1939, the pay-roll date nearest the dates of the hearing before the Board. At the hearing -a list of the names of employees in the above unit who had either made application for membership in the Union or had authorized the Union to represent them was introduced in evidence. There are 170 names on the list which, it was stipulated, were taken from ap- plications for membership or authorization cards. Six of the cards bore no signatures. Others were not dated. It further appears that some of those whose names were on the list as having signed cards were not on the Company's pay roll as of June 17, 1939. Although no serious question as to the authenticity of the signatures on the -cards was raised, no positive proof of such authenticity was fur- -nished. It also appeared at the hearing that some of the employees of the Company desired to withdraw their applications for member- ship in the Union or their authorization of it as a bargaining agency. Under these circumstances, we believe the policies of the Act will best be effectuated if the question concerning representation which has arisen is resolved in an election by secret ballot. The Union takes the position that the eligible employees in the appropriate unit as of the date of filing of its petition should be used as a basis for determination of the representative. The Com- pany's contention is that the eligible employees on the pay roll of June 17, 1939, which was little more than a week preceding the hearing, together with those not appearing thereon because of vaca- tions or illness, should be permitted to vote. It appears that at the GRAYSON HEAT CONTROL, LIMITED 495- time of the hearing approximately 20 new employees had been added to the pay roll since the filing of the petition. The new employees- were hired as a result of an increase in volume of business, and are' considered permanent employees by the Company. The parties are- -in disagreement as to the eligibility date. Under the circumstances we are of the opinion that the most recent eligibility date will best effectuate the policies of the Act. We shall accordingly direct that employees within the. appropriate unit during the pay-roll period last preceding this Direction of Election, excluding any who have quit or been discharged for cause, shall be eligible to vote. 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 Grayson Heat Control, Ltd., Lynwood, California, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. The production "and maintenance employees of the Company, including working supervisors, servicemen, stockroom and shipping clerks, and the janitor, but excluding non-working supervisors, clerical workers, draftsmen, laboratory workers, and engineers, con- stitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (a) of the National Labor Re- lations 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 2, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for collective bargaining with Grayson Heat Control, Ltd., an election by secret ballot shall be conducted within fifteen (15) days from the date of this Direc- under the direction and supervision of the Regional Director for the Twenty-first Region, acting in this matter as agent for the Na- tional Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among the production and main- tenance employees of the Company who were employed by the Com- pany during the pay-roll period last preceding the date of this Direc- tion, including working supervisors, servicemen, stockroom and ship- ping clerks, and the janitor, and such of those employees who did 496 DECISIONS OF NATIONAL LABOR RELATIONS BOARD not work during such pay-roll period because they were ill or on vacation, or who have since been temporarily laid off, but excluding non-working supervisors, clerical workers, draftsmen, laboratory workers, and engineers, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented, for the purposes of collective bargaining, by the United Electrical, Radio & Machine Workers of America, Local No. 1421, C. I. 0., affiliated with the Congress of Industrial Organizations.