Standard Plating Works

In the Matter of STANDARD PLATING WORKS and METAL POLISHERS, BUFFERS, PLATERS, AND HELPERS INTERNATIONAL UNION, A. F. OF L. Case No. R-1996.-Decided August 20, 19/0 Jurisdiction : electro-plating industry Investigation and Certification of Representatives : stipulationTas to existence of question concerning representation and the necessity for an election to resolve the question. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees excluding foremen, supervisors, and clerical employees; stipulation as to. Mr. Robert R. Rissman, for the Board. Mr. Verne G. Cawley, for the Company. Mr. Ray Kelsay, for the Union. Miss Marcia Hertzmark, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On July 26, 1940, Metal Polishers, Buffers, Platers, and Helpers International Union, A. F..of L., herein called the Union, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a'question affecting commerce had arisen concerning the representation of employees of Standard Plating Works, Goshen, Indiana, 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 August 7, 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 an appropriate hearing upon due notice. On August 8, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. On August 9, 1940, the Company, the Union and counsel for the Board entered into a Stipulation and-Agreement providing as follows: 26 N. L. R. B., No. 92 ' 871 872 DECISIONS OF NATIONAL LABOR RELATIONS BOARD STIPULATION AND AGREEMENT IT IS HEREBY STIPULATED AND AGREED, by and between Stand- ard Plating Works, Incorporated, hereinafter called the com- pany, Metal Polishers, Buffers, Platers, and Helpers International Union, A. F. of L., hereinafter called the union, and Robert R. Rissman, Attorney, National Labor Relations Board, that:' On July 26, 1940, the union filed with the National Labor Rela- tions Board, Region Thirteen, a petition, alleging that a question affecting commerce had arisen concerning the representation of the employees of the company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, hereinafter called the Act. On August 7, 1940, the National Labor Relations Board, here- inafter called the Board, acting pursuant to Section 9 (c) of the Act, Article III, Section 3, of the National Labor Relations Board Rules and Regulations-Series 2; as amended, ordered an investi- gation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On August 8, 1940, the Regional Director issued a Notice of Hearing, which was duly served upon the company and the union. The hearing was scheduled for 10:00 o'clock A.M. August 15, 1940, at the County Court House, Goshen, Indiana. II 4. The company is an Indiana corporation, having its principal place of business at Goshen, Indiana. The company owns and operates a plant at Goshen, Indiana, hereinafter called the plant, where it is now and has been at all times mentioned herein en- gaged in the electro-plating business. 2. In the course and conduct of its business and in the opera- tion of the plant the company purchases raw materials, consisting in part of copper,. nickel, zinc and chrome. For the year ending December 31, 1939, the total value of raw materials purchased by the company was approximately $15,000.00. Approximately 90% of the raw materials were transported to plant from States of the United States other than the State of Indiana. The com- pany is a job shop, and manufactures no metal parts. 3. For the year ending December 31, 1939, the total value of electro-plating work done by the company was approximately $72,000.00. The company caused approximately 10% of such work to be transported from the plant in Indiana to purchasers and users located in States other than the State of Indiana. , STANDARD PLATING WORKS III 873 Metal. Polishers, Buffers, Platers, and Helpers International Union, A. F. of L., is a labor organization within the meaning of Section 2, Subdivision (5) of the Act. IV 1. On July 25, 1940, representatives of the union met with representatives of the company, claimed to represent a majority of the company's employees, and requested recognition as the sole collective bargaining agent. At the conference on July 25, 1940, the company advised the union that it desired proof that the union did represent a majority of the company's employees. The par- ties thereupon agreed that a petition should be filed with the National Labor Relations Board, and that an election should be held, pursuant to an Order of the Board. 2. The union is the only labor organization claiming to represent any of the company's employees. The union admits to member- ship all production and maintenance empolyees of the company, excluding foremen, supervisors and clerical employees. 3. The company and the union agree that all production and maintenance employees of the company, excluding foremen, super- visors and clerical employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V The question concerning representation which has arisen, occur- ring in connection with the operation of the company, described in paragraph II, 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. VI 1. A question affecting commerce ` has arisen concerning the representation of employees of Standard Plating Works, Incorporated, within the meaning of Section 9 (c) and Section 2, Subdivisions (6) and (7) of the National Labor Relations Act. 2. All employees in the. unit set forth in paragraph IV, sub- paragraph 3, herein, who were employed by the company during the week ending August 3, 1940, excluding those employees who between said date and the date of the Direction of Election herein- after provided for, have quit or been discharged for cause, shall be eligible to vote in the election provided for in paragraph VIII, herein . A list of the employees eligible is attached hereto and made a part hereof and marked Exhibit "A." 874 DECISIONS OF NATIONAL LABOR RELATIONS BOARD VII The parties hereto waive their rights to a hearing and the making of Findings of Fact and Conclusions of Law by the Board, all pursuant to the provisions of Section 9 (c) of the Act, and all parties agree that this Stipulation and Agreement, Order Direc- tion Investigation and Hearing, Petition for Investigation and Certification of Representatives, pursuant to Section 9 (c) of the National Labor Relations Act, Notice of Hearing and National Labor Relations Board Rules and Regulations-Series 2, as amended, may be introduced in the record in 'this proceeding by filing same with the Chief Trial Examiner of the Board at Washington, D. C. VIII IT IS FURTHER STIPULATED AND AGREED, by. and between the parties hereto, that upon the record in this case, this Stipulation and Agreement, if approved by the Board, and by virtue of and pursuant to the power vested in the Board by Section 9 (c) of the Act pursuant to Article III, Section 8 of the National Labor Relations Board Rules and Regulations-Series 2, as amended, a Decision and Direction of Election may be entered by the Board, directing: That as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Standard Plating Works, Incorporated, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of the Direction of Election, 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, subject to Article III, Section 9, of said Rules and Regulations, among all production and maintenance employees of the company who were employed during the pay- roll period ending August 3, 1940, excluding foremen, super- visors, clerical employees 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 Metal Polishers, Buffers, Platers, and Helpers International Union, A. F. of L. The Board shall thereupon proceed pursuant to Article III, Sections 8 and 9 of said National Labor Relations Board Rules and Regulations-Series 2, as amended. All terms agreed upon are set forth in this Stipulation and Agreement, and there is no verbal agreement of any kind, which varies, alters or adds to this Stipulation and Agreement. This Stipulation and Agreement is subject to the approval of the National Labor Relations Board. , STANDARD PLATING WORKS 875 EXHIBITIA Ray Butt___________________________, Buffer. Homer Schroeder____________________ Polisher. Merl Darr__________________________ Polisher. Lawrence Copenhaver________________ Buffer. Albert Riley------------------------ Buffer. DeWitt McCally____________________ Polisher. Robert Rockenbaugh________________ Plater. Fred Price__________________________ Buffer. Hershel Wysong_____________________ Buffer. George Myers_______________________ Buffer. Rollen Hamsher_____________________ Plater. Daniel Archambeault---------------- Buffer. Earl Strayer________________________ Polisher.' Mearle Oswald______________________ Plater. Dallas Leatherman------------------ Buffer. James Gonderman-------------------- Plater. Kenneth Baker______________________ Buffer. Roy Butt___________________________ Buffer. Warren Ulery_______________________ Inspector & Packer. Leon Rosezelle______________________ Handyman. Vivan Spencer______________________ Millwright. Delmer Kyle________________________ Polisher. Richard Hunter_____________________ Plater. Marion Darr________________________ Plater. Leonard Tulley______________________ Plater. Robert Searles______________________ Plater. Hugh Spencer_______________________ Plater. Howard Cunningham---------------- Truck Driver. Cora Borden________________________ Inspector & Packer. James Mann________________________ Millwright. Worthie Haney______________________ Inspector & Packer. Worthie Haney, Jr------------------- Plater. Arthur Doerscher____________________ Plater. Charles Wren_______________________ Plater. G. G. Brydle________________________ Plater. Forest Robison______________________ Buffer. Gene Darr__________________________ Plater. 0. Mishler__________________________ Plater. George Dupree______________________ Plater. Edsall------------------------------ Helper. Raymond Davis--------------------- Helper. The Board hereby approves the stipulation. Upon the basis of the above stipulation the Board. makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Standard Plating Works, an Indiana corporation having its principal place of business at Goshen, Indiana, is engaged in the electro-plating 876 DECISIONS OF NATIONAL LABOR RELATIONS BOARD business. Its plant is a job shop and the Company manufactures no metal parts. In the conduct of its business the Company purchases raw materials consisting 'in 'part of copper, nickel, zinc and chrome. During 1939 the total value of raw materials purchased by the Company was approximately $15,000. Approximately 90 per cent of the raw materials were transported to the Company's plant from outside the State of Indiana. During the same period the total value of electro-plating work done by the Company was approximately $72,000, of which about 10 per cent was shipped to purchasers and users outside the State of Indiana. II. THE ORGANIZATION INVOLVED Metal Polishers, Buffers, Platers, and Helpers International Union, is a labor organization affiliated with the American Federation of Labor, admitting to membership production and maintenance em- ployees of the Company, excluding foremen, supervisors, and clerical employees. III. THE QUESTION CONCERNING REPRESENTATION 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 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 We find that all production and maintenance employees of the Company, excluding foremen, supervisors and clerical employees, con- stitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefits of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that an election by secret ballot will best resolve the ques- tion concerning representation. We shall direct an election among the employees in the appropriate unit in accordance with the stipulation of the parties. STANDARD PLATING WORKS 877 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 Standard Plating Works , Goshen,' Indiana, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company, ex- cluding foremen, supervisors , and clerical employees, constitute a unit appropriate for the purposes of collective bargaining within the mean- ing 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 Relations 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 Standard Plating Works , Goshen, Indiana, 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 direc- tion and supervision of the Regional , Director for the Thirteenth 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 production and maintenance employees of the Company who were employed by the Company during the pay-roll period ending August '3, 1940, excluding foremen, supervisors, and clerical employees and those employees who have since quit or been discharged for cause , to determine whether or not they desire to be represented by Metal Polishers , Buffers, Platers, and Helpers Inter- national Union, A. F. of L., for the purposes' of collective bargaining.