Burroughs Adding Machine Company

In the Matter -of BURROUGHS ADDING MACHINE COMPANY and BOSTON LODGE No. 264, INTERNATIONAL ASSOCIATION OF MACHINISTS, AMERICAN FEDERATION OF LABOR Case No. R-1343.-Decided August 19, 1939 Office Machine and Supply Manufacturing Industry-Investigation of Repre- sentatives: controversy concerning representation of employees: controversy as to appropriate unit ; controversy as to majority ; refusal of employer to rec- -ognize petitioning union ; petition for, filing and withdrawal of by another local irrelevant and no bar to present proceedings-Unit Appropriate for Col- lective Bargaining : service inspectors, shop men, utility clerks, and parts-room clerks at the Boston regional and service office of the company, excluding super- visors ; employees not to be denied benefit of collective bargaining because en- tire employer unit not yet organized-Representatives : proof of choice : ten employees' purported revocation of prior designation of union creating doubt .as to present desire of employees-Election Ordered Mr. Edward Schneider, for the Board. Mr. Allan Seserman, of Boston, Mass., for the Company. Mr. John J. Donnellan, of Boston, Mass., for the Union. Mr. Ralph S. Rice, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On March 29, 1939, Boston Lodge No. 264, International Associa- tion of Machinists (AFL) herein called Lodge 264, filed with the -Regional Director for the First Region, Boston, Massachusetts, a petition alleging that a question affecting commerce had arisen con- -cerning the representation of the employees of Burroughs Adding Machine Company, Boston, Massachusetts, herein called the Com- pany, and requesting an investigation and certification of repre- sentatives pursuant to Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, herein called 'the Act. On March 30, 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 14 N. L. R. B., No. 62. 829 830 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 March 31, 1939, the Regional Director issued a notice of hear ing, copies of which were duly served upon the Company and upon Lodge 264. Pursuant to notice, a hearing was held on April 6 and 7, 1939, at Boston, Massachusetts, before William Seagle, the Trial Examiner duly designated by the Board. The Board and the Com- pany were represented by counsel and the Union by its representa- tive. All parties 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 made several rulings on motions and on objections to the admission 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. Pursuant to notice duly given to all parties, oral argument was. had before the Board at Washington, D. C., on June 2, 1939. The Company and Lodge 264 were represented and participated in the- oral argument. Upon the entire record in the case, the Board makes the- following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Burroughs Adding Machine Company is a Michigan corporation.. with its principal place of business at Detroit, Michigan. It is en- gaged in the manufacture, sale, distribution, service, and repair of- typewriters, cash registers, adding machines, and other similar kinds- of office machines , and also sells and distributes a variety of office- supplies. It does approximately $35,000,000 worth of business annually. The Company ' maintains in connection with its servicing opera- tions 108 service offices and regional offices which are located through- out the United States. The service offices handle minor repairs,. whereas the regional offices handle major repairs. The present pro- ceeding involves a service department at Boston, Massachusetts,. which includes one regional and one service office. The entire serv- ice department at Boston is located in one building. Of the machines serviced in the Boston service department in:. 1938, approximately 60 per cent were shipped in from States other than the State of Massachusetts. The receipts for the servicing of such machines totaled $38,890. The receipts during such period for BURROUGHS ADDING MACHINE COMPANY 831 the- servicing of machines which were sent to Boston from points within Massachusetts amounted to $29,612. Approximately ten tons of parts and other materials used in con- nection with the Boston operations were shipped in 1938 to Boston from the Company's factory at Detroit, Michigan. II. THE ORGANIZATION INVOLVED Boston Lodge 264, International Association of Machinists, is a labor organization affiliated with the American Federation of Labor admitting to membership service inspectors, shop men, utility clerks, and parts-room clerks of the Company, excluding supervisors. III. THE QUESTION CONCERNING REPRESENTATION On February 14 and 21, 1939, John ' J. Donnellan, Grand Lodge Representative of the International Association of Machinists, and ,John Clayton, representing Lodge 264, conferred with G. L. Ashby, :service chief of the Company at Boston, relative to representation of the employees of the Company at 'Boston for the purposes of col- lective bargaining. Donnellan informed Ashby at the second meet- ing "that the union had been designated by a majority of the em- ployees" to represent them and suggested a check of application cards against a list of employees of the Company. Ashby stated that he was unwilling to accept Donnellan and Clayton as repre- sentatives of the employees until such time as he had assurance that :such was the desire of the employees. Although Ashby was unwill- ing to agree to the proposed check of cards with a list of the Com- pany's employees, he indicated willingness to the holding of an elec- tion. Although subsequent negotiations were had between represent- atives of the Company and Lodge 264 relative to the holding of a -consent election, the parties were unable to agree to the terms of such election. The Company contends in effect that there exists no question con- ,cerning representation inasmuch as the present petition was filed on the same day the Board permitted withdrawal of a petition previously filed by Local 1373, International Association of Machinists, and in- volving the representation of employees of the Company at Boston. We find this contention to be without merit. The action of the Board in permitting withdrawal of such petition and in revoking its order directing an investigation and hearing on such petition constitutes no bar to the present proceedings and is irrelevant in ' determining the existence of a question concerning representation. We find that a question has arisen concerning the representation ,of employees of the Company. 832 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Lodge 264 claims that the appropriate unit should consist of all service inspectors, shop men, utility clerks, and parts-room clerks,. of the Company at its Boston service and regional office, exclusive of supervisors. The Company, on the other hand, maintains that any bargaining unit should include all such employees in its service offices, and regional offices throughout the United States. The Company em- ploys 1,686 employees of the classifications here involved throughout, the country and 43 such employee's at Boston. The various service offices and regional offices of the Company are- operated essentially as one unit and any policies established at a par- ticular locality are subject to review by the central office at Detroit.- The policies of the Company in regard to matters of wages and other conditions of employment are similar throughout its entire system.. It does not appear, however, that the entire system is so interrelated. as to make bargaining on the basis of employees at a particular locality inappropriate or ineffective. There has been no attempt relative to organization by employees of- the Company other than those at Boston. The issue before us is there- fore as to whether the employees at Boston should be denied the- benefit of the Act until such time as the employees of the Company throughout the country may be organized. We are of the opinion that the policy of the Act would not be best served by any such. denial of the benefits of the Act to the Boston employees." We find that the service inspectors, shop men, utility clerks, and parts-room clerks of the Company at its Boston service office and- regional office, exclusive of supervisors, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to 1 See Matter of R. C. A. Communications, Inc. and American Radio Telegraphists Associa- tion, 2 N. L. R. B. 1109; Matter of Associated Press and The American Newspaper Guild, 5 N. L. R . B. 43; Matter of Postal Telegraph-Cable Company of Massachusetts and Amer- ican Radio Telegraphists Association, 7 N. L. R. B. 444; Matter of New England Spun Silk Corporation and Federal Union of Temtile Workers, American Federation of Labor, 11 N. L. R. B. 852. BURROUGHS ADDING MACHINE COMPANY 833 self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES The Company employed at the time of the hearing approximately 43 employees in the unit which we have found to be appropriate: Lodge 264 submitted in evidence application cards signed during or after January 1937 by 27 of the said 43 employees, designating Lodge 264 as their collective bargaining representative. The Company in- troduced in evidence letters signed by 10 employees renouncing their application for membership in Lodge 264, and stating that they did not desire to be represented by Lodge 264. Ashby, the service chief of the Company at Boston, testified that the letters were received by the Company without any solicitation on its part. Under all the circumstances, we conclude that the question which has arisen con- cerning representation can best be resolved by an election by secret ballot. Those persons eligible to participate in the election shall be the employees in the appropriate unit who were employed by the Company during the pay-roll period next preceding the date of the issuance of the Direction of Election herein, including employees who did not work during such pay-roll period because they were ill or on vacation, and employees who were then or have since been tem- porarily laid off, but excluding employees who have since quit or been discharged for cause. 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 Burroughs Adding Machine Company, Boston, Massachusetts, within the meaning of Section 9 (c) and Sec- tion 2 (6) and (7) of the National Labor Relations Act. 2. The service inspectors, shop men, utility clerks, and parts-room clerks, of the Company at its Boston, Massachusetts, service office and regional office, excluding supervisors, constitute a unit appropri- ate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations 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 Re- lations Act and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, it is .hereby 834 DECISIONS OF. NATIONAL LABOR RELATIONS BOARD DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargain- ing with Burroughs Adding Machine Company, Boston, Massa- chusetts, an election by secret ballot shall be conducted within fifteen (15) days from the date of this Direction of Election under the direction and supervision of the Regional Director for the First Region, acting in this matter as agent for the National Labor Rela- tions Board and subject to Article III, Section 9, of said Rules and Regulations, among all the service inspectors , shop men, utility clerks, and parts-room clerks, of Burroughs Adding Machine Company at its Boston, Massachusetts, service office and regional office, who were employed during the pay-roll period next preceding the date of this Direction of Election, including employees who did not work during such pay-roll period because they were ill or on vacation, and em- ployees who were then or have since been temporarily laid off, but excluding supervisors and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Boston Lodge 264, International Association of Ma- chinists, affiliated with the American Federation of Labor, for the purposes of collective bargaining. [SAME TITLE] AMENDMENT TO DIRECTION OF ELECTION August 29, 1939 On August 19, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding. The Direction of Election provided that an election be held within fifteen (15) days from the date of the Direction, under the direction and supervision of the Regional Direc- tor for the First Region (Boston, Massachusetts). The Regional Director has advised the Board that a longer period within which to hold the election is necessary. The Board hereby amends the Direction of Election by striking therefrom the words "within fifteen (15) days from the date of this Direction of Election" and substituting therefor the words "within twenty-five (25) days from the date of this Direction of Election." 14 N. L. R. B., No. 62a.