Roach-Appleton Manufacturing Co.

In the Matter of ROACH-APPLETON MANUFACTURING COMPANY and LOCAL 144, INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA,. AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-1775.-Decided April 17, 1940 Wiring Material and Accessories for Electrical Installations Mannfacturtng Industry-Investigation of Representatives: controversy concerning representa- tion of employees : refusal to grant union sole recognition until certified by the Board-Unit Appropriate for Collective Bargaiaung: production and maintenance employees , excluding foremen and clerical and part-time employees ; agreement as to-Election, Ordered Mr. Stephen M. Reynolds, for the Board. Mr. A. F. Erickson, of Aurora, Ill., and Mr. J. J. Madden, South Bend, Ind., for the Company. Mr. Eldon W. Matthews, of South Bend, Ind., for the Union. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On February 3, 1940, Local 144, International Union, United Auto- mobile Workers of America, affiliated with the Congress of Industrial Organizations,' herein called the Union, filed a petition with the Regional Director for the Thirteenth Region (Chicago, Illinois) alleging that a question affecting commerce had arisen concerning the representation of employees of Roach-Appleton Manufacturing Company, South Bend, Indiana, herein called the Company, and re- questing 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 15, 1940, the National Labor Re- lations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Re- lations Board Rules and Regulations-Series 2, as amended, ordered The petition was filed on behalf of "Local #144, U A W A." by E W MattheN%s, C. I. O. Council Organizer The name of the Union was amended at the hearing to read in the unabbreviated form 22 N L. R. B., No. 87. 1049 1050 DECISIONS OF NATIONAL LABOR RELATIONS- BOARD an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On March 18, 1940, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the Union. Pursuant to the notice , a hearing was held on March 25, 1940, at South Bend, Indiana, before John T. Lindsay , the Trial Examiner duly designated by the Board. The Board was represented by coun- sel, the Union by an official, and the Company by two of its officials. All parties participated in the hearing and were afforded full oppor- tunity to be heard , to examine and cross -examine witnesses, and to introduce evidence bearing on the issues . During the course of the hearing the Trial Examiner made several rulings in regard to the admission of evidence and granted motions to amend the petition and other formal papers. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Company, Roach-Appleton Manufacturing Company, South Bend, Indiana, is a Delaware corporation engaged in the manufac- ture of wiring material , consisting of switch boxes, outlet boxes, and accessories for electrical installations . The Company is under the direct management of the executive board of All Steel Equipment Company, Aurora, Illinois, of which the Company is a subsidiary. The factory and main office of the Company is at South Bend, Indiana. Its main sales office is combined with that of All Steel Equipment Company at Aurora, Illinois. Sheet steel constitutes 95 per cent of the raw materials used in the manufacture of products at the Company 's plant. The total ton- nage of raw materials used in 1939 was 7,721 tons , of which 7,396 tons were brought by rail and truck into Indiana from other States, principally Ohio and West Virginia. The total value of sales of the Company's products amounted to over $1,000,000. Practically all the sales were made to points outside Indiana, among the several States and Canada. The products of the Company are nationally adver- tised in trade journals, and bear a registered trade-mark. If. THE ORGANIZATION INVOLVED Local 144, International Union, United Automobile Workers of America, is a labor organization affiliated with the Congress of In- dustrial Organizations. It admits to membership employees of the Company, excluding clerical and supervisory employees. ROACH-APPLETON MANUFACTURING COMPANY 1051 III. THE QUESTION CONCERNING REPRESENTATION In December 1939 and January 1940 the Union, claiming to repre- sent a majority of the production and maintenance employees, re- quested the Company to bargain with it as exclusive representative of such employees. The Company conceded that some of its em- ployees were members of the Union, but refused to recognize it as sole bargaining agent of the above-mentioned employees until it had been certified as such by this Board. The Company has no con- tractual relationship with any labor organization. No labor or- ganization other than the Union has claimed to represent any of the company's employees. 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, tends to lead to labor disputes burden- ing and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Company and the Union agreed that all production and main- tenance employees of the Company at its South Bend, Indiana, plant, excluding foremen and clerical and part-time employees, consti- tute a unit appropriate for the purposes of collective bargaining. We find that all production and maintenance employees of the Company at its South Bend, Indiana, plant, excluding foremen and clerical and part-time employees, 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 self- organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES The following "Statement Of Regional Director Concerning Claims Of Authorization For The Purpose Of Representation" was intro- duced in evidence : The undersigned, Regional Director for the National Labor Relations Board, Thirteenth Region, has investigated the peti- tion filed by Local 144, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations. 1052 DECISIONS OF NATIONAL LABOR RELATIONS BOARD In connection with the investigation, petitioner has submitted to me certain evidence in support of its allegation that the peti- tioner represents 171 employees in the alleged appropriate unit. This evidence consisted of the roster of members in good dues standing of Local 144, United Automobile Workers of America, (C. I. 0.), on or about March 11, 1940. Of the 151 names appearing on said roster, all appear on the pay roll of Roach-Appleton Manufacturing Company for the week beginning March 17, 1940, which lists 243 employees exclusive of foremen. According to the Company's pay roll of March 20, 1940, there were 240 employees in the appropriate unit as of that date. We find that the question concerning representation of the Company's employees will best be resolved by an election. The Union and the Company stipulated that if the Board directs an election, all employees in the appropriate unit whose names ap- pear on the pay roll of March 20, 1940,2 excluding those who have since quit or been discharged for cause, should be eligible to vote. We shall direct that those eligible to vote in the election shall be employees in the appropriate unit whose names appear on the Com- pany's pay roll of March 20, 1940, for its South Bend, Indiana, plant, 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 Roach-Appleton Manufacturing Company, South Bend, Indiana, within the meaning of Section 9 (c) and Sec- tion 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company at its South Bend, Indiana, plant, excluding foremen and clerical and part-time employees, constitute a unit appropriate 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- 2 This pay roll was introduced in evidence as Board's Exhibit 2 ; 10 foremen are desig- nated by asterisks (') ; 3 part-time men whose names were read into the record as Zachary W. Dlugosz, Raymond Walter , and Francis K Lea , Jr, are designated on the pay roll by the symbol "x." ROACH-APPLETON MANUFACTURING COMPANY 1053 tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Roach-Appleton Manufacturing Company, South Bend, Indi- ana, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction of Election, under the direction and supervision of the Regional Di- rector for the Thirteenth Region, acting in the matter as agent for the National Labor Relations Board, and pursuant to Article III, Section 9, of said Rules and Regulations, among all production and maintenance employees of the Company at its South Bend, Indiana, plant, whose names appear upon the Company's pay roll of March 20, 1940, excluding foremen and clerical and part-time employees and employees who have since quit or have been discharged for cause, to determine whether or not they desire to be represented by Local 144, International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, for the pur- poses of collective bargaining.