Bishop Products Co.

In the Matter of BISI3oi PRODUCTS COMPANY and INDEPENDENT UNION ORGANIZATION (UNAFFILIATED) Case No. R-1808.-Decided May 18, 1940 Automobile Seat Covers and Imitation Leather Novelties Manufacturing Industry-Investigation of Representatives : controversy concerning representa- tion of employees : refusal by employer to recognize petitioning union as ex- clusive representative ; contract with rival union for members only , entered into after notice of petitioning union's claim and after filing of petition, no bar to ; previous complaint case : determination of representatives may properly be made where there has been full compliance with Board's order issued 7 months earlier-Unfit Appropriate for Collective Bargaining : all production employees, excluding supervisory and clerical employees ; stipulation as to-- Election Ordered dlr. Drexel A. Sprecher, for the Board. Mr. Ralph A. Bell, of Cleveland, Ohio for the Company. Mr. James J. Balamenti, of Cleveland, Ohio, for the Independent. Mr. A. E. Stevenson, of Cleveland, Ohio, for the U. A. W. Mr. Willard Young Morris, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF TF_E CASE On November 22, 1939, Independent Union Organization, herein called the Independent, filed with the Regional Director for the Eighth Region (Cleveland, Ohio) a petition and on March 30, 194017 an amended petition alleging that a question affecting commerce had arisen concerning the representation of employees of Bishop Prod- ucts Company, herein called the Company, and requesting an investi. gation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On April 16, 1940, 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 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for 23 N. L. It. B., No. 102. 953 954 DECISIONS OF NATIONAL LABOR RELATIONS BOARD an appropriate hearing upon due notice. On April 18, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the Independent, and the United Automobile Workers of America, Local No. 217, herein called the U. A. W. Pursuant to notice, a hearing was held at Cleveland, Ohio, on April 23, 1940,1 before Herbert Wenzel, the Trial Ex- aminer duly designated by the Board. The Board, the Company, and the Independent were represented by counsel and the U. A. W. by its representatives. All participated in the hearing. Full op- portunity 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. At the opening of the hearing, the U. A. W. made a motion to dismiss the petition, upon which the Trial Examiner did not rule. For the reasons set forth in Section III below the motion is hereby denied. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Bishop Products Company is an Ohio corporation with its principal office and place of business at Cleveland, Ohio. The Company is en- gaged in the manufacture, distribution, and sale 'of automobile seat covers and imitation leather novelties. In 1938 the Company pur- chased raw materials valued at more than $50,000, of which 80 per cent, by,value, were shipped from points outside the State of Ohio.to the Company's plant. During the same year the Company sold more than $125,000 worth of finished products, of which 60 per cent, by value, were shipped outside the State of Ohio. II. THE ORGANIZATIONS INVOLVED Independent Union Organization is an unaffiliated labor organiza- tion. It admits to membership employees of the Company. United Automobile Workers of America, Local No. 217, is a labor organization affiliated with the Congress of Industrial Organizations. It admits to membership employees of the Company. 1 The hearing was held one day earlier than scheduled In the notices of hearing. All parties mere duly notified of, and agreed to, the proposed change In the date of hearing. BISHOP PRODUCTS COMPANY 955 M. THE QUESTION CONCERNING REPRESENTATION On November 4, 1939, the Independent, through its attorneys, ad- vised the Company that it represented a majority of the Company's employees and requested recognition as the exclusive bargaining rep- resentative of such employees. The Company replied that the Com- pany would not recognize the Independent until it had been certified by this Board as the exclusive bargaining agent. The U. A. 11'. bases its motion to dismiss the petition on the grounds that (1) on November 3'0, 1939, the U. A. W. and the Company entered into a 1-year collective agreement in which the U. A. W. is recognized as the bargaining representative of its members; and (2) insufficient time has elapsed since the issuance by the Board of a Decision and Order, dated October 2, 1939, and directed against the Company 2 to permit a free choice of representatives at the present time. The contract presents no bar to a present determination of repre- sentatives, since it was entered into between the Company and the U. A. IV. after the Independent had notified the Company of its claim to represent a majority of the Company's, employees and after the Independent had filed its petition herein.s In regard to the second ground of the U. A. W.'s motion, the Re- gional Director has reported to the Board that the Company has com- plied with the Board's Order of October 2, 1939, and has posted, and kept posted for 60 consecutive days, the notices required by the Order. Under these circumstances we are of the opinion that a determination of representatives may properly be made at this time. We find that a question has arisen concerning representation of the Company's employees. 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 'Matter of Bishop Products Company and United Automobile TPorlers of America, Local °17, 15 N. L. It. B. SOT. This case was instituted by charges filed by the U A W. The Board 's Order, which was based on a stipulation signed by all the parties to the case, required the Company : ( 1) not to dominate or interfere with a labor organization known as Bishop Products Employees Association or any other labor organization and to refrain from all recognition of said organization as the representative of any of the employees; (2) not to discourage membership in the U. A. W. : ( 3) not in any other manner to inter- fere with , restiain , or coerce its employees in the exercise of the rights guaranteed in Section 7 of the Act : and (4 ) to post appropriate notices to its employees. 'See Matter of American-lVest African Line, Inc. and National Marine Engineers' Beneficial Association, 4 N. L. R. B. IOSO: Matter of Wilmington Transportation Company and Inland Boatmen's Union of the Pacific, an Pedro Division, 4 N. L. It . B. 750; and Matter of California Wool Scouring Company and Textile Workers Orgaoicing Committee, ,5 N. L. R .. u..,782 956 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Company, the Independent, and the U. A. W. stipulated that an appropriate unit consists of all the Company's production workers at its Cleveland plant, excluding supervisory and clerical employees. We see no reason for not finding appropriate the unit stipulated by the parties. We find that all the Company's production workers at its Cleveland plant, excluding supervisory and clerical employees, constitute a unit Appropriate unit. During 1939 the Company's employees in said unit unit will insure to such employees the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. DETERMINATION OF REPRESENTATIVES We find that an election by secret ballot will best resolve thq question concerning representation. The Independent contends that eligibility to vote in the election should be determined as of February 27, 1940, at which time, it asserts, there was a "normal" pay roll. As of February 27 there were 37 employees in the appropriate unit. The U. A. W. contends that all employees in the appropriate unit as of April 19, 1940, should be permitted to participate in the election. As of April 19, which was immediately prior to the hearing, there were 51 employees in the appropriate unit. Duing 1939 the Company's employees in said unit averaged 39 in number. At the hearing the Company's secretary stated that the Company did not contemplate any "immediate" re- duction or increase in the number of its employees. Under these circumstances, we think that eligibility to vote in the election should be determined as of the pay-roll. period immediately preceding our Direction of Election. We shall direct that the employees in the appropriate unit employed by the Company during the pay-roll periQd immediately preceding the date of the Direction of Election herein, including employees who did not work during said pay-roll period because they were ill or on vacation and employees who were then or have since been temporarily laid off, and excluding those who have since quit or been discharged for cause, shall be eligible to vote in the election. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : BISHOP PRODUCTS COMPANY CONCLUSIONS OF LAW 957 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Bishop Products Company, Cleveland, Ohio, within the meaning of Section 9 (c) and Section 2 -(6) and (7) of the National Labor Relations Act. 2. All the Company's production workers at its Cleveland plant, excluding supervisory and clerical employees, constitute a unit ap- propriate 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 Rela- tions Act', 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Baard Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purpose of collective bargaining with Bishop Products Company, Cleveland, Ohio, an election by secret ballot shall be conducted as soon as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Eighth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Tules and Regulations, among all the production workers in the Cleveland plant who were employed by the Company during the pay-roll period immediately 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 employees who were then or have since been temporarily laid off, but excluding supervisory and clerical employees and employees who have since quit or been discharged for cause, to determine whether they desire to be represented for the purposes of collective bargaining,by Independent Union Organization, by United Automobile Workers of America, Local No. 217, C. I. 0., or by neither.