Belmont Radio Corp.

In the Matter of BELDIONT RADIO CORPORATION and UNITED ELECTRI- CAL, RADIO AND MACHINE WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATION S Case No. R-1998-Decided September 20, 1910 Jurisdiction : radio manufacturing industry Investigation and Certification of Representatives : existence of question. re- fusal to accord recognition to union; conflicting claims of rival representatives; election necessary Renewed contract with one union held no bar to determination of question concerning representation, where prior to last date for notification by parties to contract of desire to prevent its automatic renewal, another union, having substantial representation among employees, notifies Company of rival representation claim, offers to prove it before the Board, and re- quests that contract not be renewed pending determination of representation question, and where such union files petition prior to renewal of contract. Where Company's business is seasonal, appropriate pay roll for deter- mining eligibility held to be one when employment is greater than during slack periods but less than during peak production seasons; pay-roll period immediately preceding direction of election chosen. Where nine employees have been laid off allegedly pursuant to closed-shop provisions of existing contract, held legality of lay-offs cannot be determined in representation proceeding, and eligibility of laid-off employees to vote held dependent on whether they meet general eligibility requirements. Where the Company's business is seasonal, and two unions request, red speetively, that temporary employees and new employees be excluded from election, held all current employees in unit who have received 30 days' employment during preceding year have substantial interest in outcome of election and should be permitted to vote. Unit Appropriate for Collective Bargaining : production and maintenance em- poyees including janitors, elevator operators, permittees. and temporary employees, but excluding the engineering stall, laboratory assistants, drafts- men, office or sales force, clerical and service staff, foremen and supervisors having the power to hire or discharge, scientific or experimental force, quality control employees, test equipment maintenance employees, watchmen, and salaried employees other than elevator operators. Temporary or seasonal employees and permnttees included despite request of bona fide union for their exclusion since they do not appear to be barred from its membership, since testimony of union organizer indicates that union wishes to bargain collectively for them, and since they are embraced in unit fixed by prior collective bargaining. Practice and Procedure Motion made by union after close of hearing to reopen hearing for the, purpose of the introduction of, or to make a part of the record, affidavits regarding the union membership of two employees, overruled where affidavits found not essential to resolution of issues 27 N. L. R B 78. 341 342 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Mr. Harold D. Burgess and Mr. Joseph W. Townsend, of Scott, MacLeish ct; Falk, of Chicago, Ill., for the Company. Mr. Irving Meyers, of Chicago, Ill., for the U. E. R. M. W. Mr. S. L. August, of Chicago, Ill., for the I . B. E. W. Miss Edna Loeb, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE 1 On June 10 , 1940, United Electrical , Radio and Machine Workers of America,-affiliated with the Congress of Industrial Organizations, herein called the U. E. R. M. W., filed with ' the Regional Director for the Thirteenth Region (Chicago, Illinois), a petition alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Belmont Radio Corporation , Chicago, Illi- nois, herein called the Company, and requesting an investigation and certification ' of representatives pursuant to Section 9 (c) of the Na- tional Labor Relations Act, 49 Stat. 449, herein called 'the Act. On .July 22, 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 Regula- tions-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. O,n July 25, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the U. E. R. M. W., and International Brotherhood of Electrical Workers, Local B-1031, affiliated with the American Federation of Labor, herein called the I. B. E. W., a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on August 12 and 13, 1940, at Chicago, Illinois, before Robert R.,Rissman , the Trial Examiner duly designated by the Board. The Company, the U. E. R. M. W., and the I. B. E. W. were represented by counsel and 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 and at the close of the hearing , counsel for the I. B. E. W. moved 'to dismiss the petition . The Trial Examiner referred these motions to the Board for ruling , and they are hereby overruled. At the conclusion of the hearing the U. E. R. M . W. moved to amend its petition, to clarify its description of the bargaining unit of em- BELMONT RADIO CORPORATION 343 ployees with respect to which it alleged that a question concerning representation had arisen. This motion, was granted by the Trial Examiner without objection by any party. At this time all the parties participated in oral argument before the Trial Examiner. The Board has reviewed the rulings made by the Trial Examiner during the course of the hearing on motions and on objections to the admission of evidence and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Thereafter, the U. E. R. M. W. and the I. B. E. W. each filed with the Board affidavits by Mollie Stetten and Albert Hannon concerning their union affiliation and the I. B. E. W. moved that the hearing be reopened to permit the introduction of its affidavits into evidence or in the alternative, that such affidavits be made a part of the record. The Board finds that the affidavits are not essential to the resolution of,the issues here involved, and accordingly will exclude them from the record. The motion of the I. B. E. W. is hereby denied. The U. E. R. M. W. and I. B. E. W. also filed briefs which the Board has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Belmont Radio Corporation is an Illinois corporation engaged in the designing, manufacture,. sale, and distribution of radio receivers and radio phonograph combinations. It maintains its general office and three manufacturing plants in Chicago, Illinois. It is now con- solidating the work of the plants acid plans within the next few months to carry on all its manufacturing operations at a single plant ,in Chicago. In the year 1939 the Company purchased raw materials valued at approximately $4,000,000, consisting principally of radio parts, accessories, and cabinets, approximately 60 per cent of which materials were shipped to its plants from sources outside Illinois. During the same year the Company's sales of its finished products amounted in value to approximately $5,500,000. It shipped approxi- mately 90 per cent of these products to points outside Illinois. II. THE ORGANIZATIONS INVOLVED United Electrical, Radio and Machine Workers of America is a labor organization affiliated with the Congress of Industrial Organi- zations. It admits to its membership employees of the Company. International Brotherhood of Electrical Workers, Local B-1031, 344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD is a labor organization affiliated with the American Federation of Labor. It admits to its membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On August 1, 1938, upon proof of majority representation, the Company and the I. B. E. V. executed a collective bargaining agree- ment effective for a term of 1 year. On August 1, 1939, they entered into another collective agreement similar to the first one, to remain in effect until August 1, 1940, and thereafter from year to year "unless sixty (60) clays' written notice is given by either party hereto to the other party prior to any termination date requesting that the agreement be cancelled or amended." In this agreement the Com- pany agreed to recognize the I. B. E. W. as the sole collective bar- gaining representative of its employees,' to employ only I. B. E. W. members in good standing whenever such members were available, and to require all nonmembers hired when members were not avail- able to secure working permits from the I. B. E. W. The contract provided further that the I. B. E. W. should notify the Company of any employee members in arrears in their dues or otherwise not in good standing. Although this provision did not specifically require the Company to discipline such employees, the record shows that the Company thereafter released regular employees upon notification by the I. B. E. W. that they were not members in good standing. On April 24, 1940, the U. E. R. M. W. advised the Company by registered letter that the U. ' E. R. Al. W. represented a majority of the. Company's employees and requested that the contract with the I. B. E. W. not be renewed upon its expiration. At a conference on April 30, 1940, with J. N. Schweikert, works manager in charge of all of the Company's manufacturing operations, the U. E. R. M. W. repeated its representation,clann and requested the privilege of bar- gaining collectively in behalf of the employees. Schweikert replied that the Company could not deal with the U. E. R. Al. W. because of an existing "closed shop"' contract with the I. B. E. W. He ques- tioned the U. E. R. Al. W.'s alleged representation and requested proof thereof. The U. E. R. M. W. did not submit any proof but stated that it would agree to an election among the employees or to a 'determination of the matter by the Board. Schweikert replied that the Company was not in a position to consent, to a voluntary election but that he would be willing to appeal to the Board for determina- tion of a representation question if he were sure that such a question i The' term "employees" was defined to exclude "engineering staff, laboratory assistants, draftsmen, office or sales force, clerical and service staff, foremen and supervisors having the power to hire or discharge, scientific or experimental force, watchmen , or any salaried employees " BELMO'NT RADIO CORPORATION 345 existed. Apparently no understanding was reached, and the U. E. R. M. W. again requested that the Company refrain from renewing its agreement with the I. B. E. W. By registered letter dated -May 22, 1940, the Company advised the U. E. R. M. W. that if it did not present "legal evidence" of majority representation within 5 days, the Company would continue to recognize and negotiate with the I. B. E. W. On May 24, 1940, the U. E. R. M. W. sent the Company an answering letter in which the U. E. R. M. W. refused to offer proof of its majority except before the Board, and stated that since the Company had been duly notified of the representation claim of the U. E. R. M., W., the Company would proceed at its peril in renewing the contract with the I. B. E. W. prior to resolution of the representation question. May 31 or June 1, 1940, was the last day on which the Company or the I. B. E. W. could give the requisite notice for preventing the automatic renewal of their contract. The Company gave no such notice, but on May 31; pursuant to the contract, the I. B. E. W. requested amendments to four designated articles therein, thereby, in our opinion, precluding -automatic renewal of the contract. On June 10, 1940, the U. E. R. M. W. filed its petition herein. At a conference held on July 18, 1940, the Company and the I. B.'E. W. discussed the desired anlenchnents to the agreement and agreed to hold them in abeyance until after settlement of the pending Board proceeding. Accordingly, the I. B. E. W. withdrew its request for amendments. On July 29, 1940, the Company informed the U. E. R. M. W. that the agreement with the 1. B. E. W. would be in effect for another year. From the Regional Director's written statement, introduced into evidence, it appears that the U. E. R. lI. W. has substantial repre- sentation among the Company's employees.' The I. B.' E. W. did not submit proof of majority representation in 1940 either' to the Regional Director or the Trial Examiner, merely stating at the hear- ing that its clues-paying membership Included approximately 600 of the approximately 760 workers employed at that time. It ad- mitted that the remaining employees were not among its members but were "permittees" holding I. B. E. W. working permits as required by the contract. 'Prior to the healing the U E R Al W, submitted to the Regional Director signed cards and a signed petition, authorizing the U E R 'Al W to represent the signers for purposes of collective bargaining and cancelling any prim authorizations The Regional Director compared the 27(, signatures on the cards and petition with the Company's pay roll of June 22, 1940, which contained 673 production and maintenance employees. appioxi- mately 50 more than the a%erage number of such employees whom the Company employed duiing the first 7 months of 1940, and reported that all of the signatures appeared to be "genuine original signatures" and that 233 of then were the names of employees on the said pay roll, amounting to approximately 34 per cent thereof 346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that a question has arisen concerning the representation of employees of the Company and that the contract between the Company and the I. B. E. W. does not constitute a bar to a determi- nation thereof.3 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 contract between the Company and the I. B. E. W. fixes as the collective bargaining unit the employees of the Company exclud- ing laboratory assistants and other designated categories of em- ployees hereinafter set forth. At the hearing the Company and the I. B. E.W. contended that. the unit thus established was appropriate, with the proviso that they had agreed that quality control employees and test equipment maintenance employees were laboratory workers and as such excluded- from the unit .4 In its original petition and during the course of the hearing, the U. E. R. M. W. did not request a unit in conflict with that agreed upon between the Company and the I. B. E. W. At the close of the hearing, however, the U. E. R. M. W. amended its petition to request the exclusion of temporary employees from the unit. The business of the Company is seasonal. As a result the Com- pany employs workers for varying lengths of time, some relatively short. , Under the contract new employees who are not I. B. E. W. members are required to secure working permits from the I. B. E. W., and all new employees are required to undergo trial periods of em- ployment not exceeding 3 months. Apparently by the proposed Matter of Utica Knitting Company and Textile Workers Federal Labor Union, etc, 23 N. L. R B 55 4In its brief, without elaboration or explanation , the I B E W. contended that the unit should exclude employees who had not been employed by the Company for 520 hours during the past year or who, upon recall to work, had failed to report upon 48 hours' notice by the Company. It appears that by this contention , the I. B. E W. was not referring to the appropriate bargaining unit, but was stating its position as to what employees should be eligible to vote in an election . With respect to eligibility to vote, see Section VI, infra If, however, the I. B E. W. actually desired the agreed unit to be modified by the exclusion of employees who had woiked less than 520 hours or had failed to report on the said notice , this proposed exclusion is subject to the same considerations as are discussed in connection with temporary employees in the text. BEfLMONT RADI'O' C'ORPORATI'ON 347 exclusion of "temporary employees," the U. E. R. M. W. meant to request the z exclusion of all permittees, although the record shows that some permittees had worked for the Company as long as 18 months. Since the U. E. R. M. W. does not claim that it bars tem- porary employees from its membership, and since it appears from its original petition and from the testimony of Robert Kirkwood, its organizer, that the U. E. R. M. W. desires to bargain collectively for such employees, we do not understand why the U. E. R. M. W. amended its petition to request their exclusion. In any event, tem- porary employees and permittees were the subject of collective bar- gaining negotiations between the Company and the I. B. E. W., and were included in the bargaining unit established by such negotiations. We find that these employees belong in the appropriate unit. Neither the record nor the terms of the contract between the Com- pany and the I. B. E. W. make clear whether janitors and elevator Operators are included in the unit fixed by the contract.5 The U. E. R. M. W. desires to include them in the unit and the I. B. E. W. to exclude them. The Company's position as to these employees was that "technically" they should be included but that the Company was "neutral" in this regard and would not take issue over their exclusion. Both janitors and elevator operators are on the same pay roll as are production and maintenance employees, and with the exception of one elevator operator, all are subject to the Company's usual em- ployee working rules and regulations. Unlike the others, that em- ployee is paid on a salary basis,e not because of many difference in his duties but because he was being so paid by another employer when the Company moved into the building in which he worked and first employed him 10 or 12 years ago.7 The duties of an elevator operator include carrying materials to the elevator from the shipping plat- form where they are received, unloading these materials on various floors of the plant for delivery to the stockroom, and taking finished products to the platform for shipment.' This work appears to be closely related to that of shipping and stockroom employees, who are embraced in the unit covered by the contract and whom no party b The contract includes maintenance employees and excludes service employees . Janitors and elevator operators may fall in either one of these categories. 'While salaried employees are a category of workers excluded from the scope of the contract, we do not believe that this elevator operator was intended to be excluded as such. 7 Since the U. E. R. M. W specifically requested the inclusion of elevator operators, we find that in requesting the exclusion of "any salaried employee " it did not desire to exclude this elevator operator but referred only to other salaried employees. 8 One of the elevator operators also serves another tenant of one of the buildings which the Company now occupies but plans to vacate. Although a former tenant contributed to this operator's wages, the present tenant does not do so, and the employee is paid solely by the Company. 348' DECISIONS OF NATIONAL LABOR RELATIONS BOARD desires to exclude from the unit. We find that janitors and elevator operators belong in, the appropriate unit.' We find that all production and maintenance employees of the Company, including janitors,, elevator operators, permittees, and temporary employees; but excluding the engineering staff, laboratory .assistants, draftsmen, office or sales force, clerical and service staff, foremen and supervisors having the power to hire and discharge, scientific or experimental force, quality control employees, test equip- ment maintenance employees, watchmen, aAd salaried employees other than elevator operators, constitute a unit appropriate for the purposes of collective bargaining, and that such 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 We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. The U. E. R. M. W. contended that for determination of eligibility to participate in the election the Board should choose a pay-roll period during which the Company employed an average number of regular employees, and suggested that such a period was that be- tween April 24 and June 10, 1940. ' The I. B . E. W. did not suggest any eligibility date. The Company stated that any pay roll after August 1, 1940 , the expiration date of its 1939-1940 contract, would beesuitable . Our usual practice is to select the pay -roll period im- mediately preceding the date of our Direction of Election. At this time the Company will probably have on its pay roll approximately 800 employees, which is more than it retains during slack periods and less than it employs during peak production seasons. We see no reason in this case to depart from our usual practice, and we there= fore find that the pay-roll period to be used to determine eligibility is that immediately preceding our Direction of Election herein. The U. E. R. M . W. requested that temporary employees hired for 2 or 3 weeks be excluded from participation in the election because they may be unacquainted with the issues involved therein . The I. B. E. W. appears to suggest the exclusion also of employees who have been employed by the Company for less than 520 hours during the past year or who-upon recall to work , have failed to report upon 48 hours' notice by the Company . The Company took no position regarduig this matter. The Board's practice, pursuant to the policies 6 See Matter of Stackpole Carbon Company and United Electrical d Radio Workers of America, Local no 502, 6 N L R B 171, 188. Matter of Westchester Apartments, Inc. and United Building Set wee Employees, etc, 17 N L R B 433 BELMONT RADIO CORPORATION 349 of the Act, has been to permit all employees in the unit to vote who have a substantial interest in the outcome of the election. Under the, circumstances of this case, we believe that all employees in the appropriate unit employed during the said pay-roll period who have received at least 30 days' erilployment during the year preceding our Direction of Election herein, should have an opportunity to vote."' Between April 1 and-August 1, 1940, the Company laid off nine employees 11 at the request of the I. B. E. W. on the ground that they Were not members in good standing thereof. In a representa- tion proceeding We cannot determine whether or not these lay-offs were lawful. The eligibility of the nine employees to vote in the election must depend on whether or not they meet the general requirements for eligibility set forth in our Direction of Election. We shall direct that those eligible to vote in the election shall be all employees within the appropriate unit who have been employed by the Company for at least 30 days during the year preceding our Direction of Election, and who were employed by the Company dur- ing the pay-roll period immediately preceding the Direction, in'- eluding employees who did not work during such pay-roll period because they were ill, on vacation, or temporarily laid off, but ex- cluding 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 the Company, within the meaning of. Sec- tion 9 (c) and Section 2 (6) and (7) of the National Labor Rela- tions Act. - 2. All production and maintenance employees of the Company, including janitors; elevator operators, permittees, and temporary employees, but excluding the engineering staff, laboratory assistants,, draftsmen, office or. sales force, clerical and service staff, foremen and supervisors having the power to hire or discharge, scientific or experimental force, quality control employees, test equipment mainte'- 'nance employees, witchmen, and salaried employees other than ele- vator operators, constitute a unit appropriate for the purposes of collective bargaining within the •ibeaning of Section 9 (b) of the National Labor Relations Act. . 10 'see Matter of Southern California Gas Company and Utility Workers Oiganitiinq Com- mittee, etc, 10 N L R B 1123; Matter of Alex Holstein, etc and International Ladies' Hand Baq, Pocketbook & Novelty Workers Union , etc, 20 N L R . B 877; Matter of Hicks Body Company and Hicks Employees Union, 23 N L R B 462 iAl Hannon, Paul Dunman, Robeit Korotkin, Curtis Elienstioin, Lee Wallin, Frank DuPont, Henry Modzele, Mollie Stetten (Steppen), and Della Andeison Schwarzer 350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD - 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 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 bar- gaining with Belmont Radio Corporation, Chicago, Illinois, an elec- tion by secret ballot shall be conducted as early 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 Thir- teenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules And Regulations, among all production and maintenance employees of the Company, including janitors, elevator operators, permittees, and temporary employees, but excluding the engineering staff, labora- tory assistants, draftsmen, office or sales force, clerical and service staff, foremen and supervisors having the power to hire or discharge, scientific or experimental force, quality control employees, test equip- ment maintenance employees, watchmen, and-salaried employees other than elevator operators, who have been employed by the Company for at least 30 days during the year preceding this Direction, and who were employed by the Company during the pay-roll period immediately preceding this Direction, including employees who did' not work during such pay-roll period because they were ill, on vaca- tion, or temporarily laid off, but excluding employees who have since quit or been discharged; for • cause, to determine whether they desire to be represented by United Electrical, Radio and Machine Workers of America,-affiliated with the -Congress of Industrial. Organ- izations, by International Brotherhood of Electrical Workers, Local B-1031, affiliated with ' the American Federation of Labor, for the purposes of collective bargaining, l or by neither. [SAME TITLE] CERTIFICATION OF REPRESENTATIVES October, 31, 1940 On September 20, 1940, the National Labor Relations Board, herein called the Board, issued its Decision and Direction of Election. in the above-entitled proceedings. Pursuant to the Direction of Elec- tion, an election by' secret ballot was conducted on October 17, 1940, under the direction and supervision, of the Regional Director for BELMO'NT RADIO CORPORATION 351 the Thirteenth Region (Chicago, Illinois). On October 18, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National'Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon,the parties to the pro- ceedings his Election Report. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. As to the balloting and the results thereof, the Regional Director reported as follows: Total on eligibility list------------------------------------- 738 Total ballots cast -------------------------------------------- 674 Total ballots'challenged ----------------------------------- 14 Total blank ballots----------------------------------------- 1 Total void ballots------------------------------------------ 4 Total valid votes cast---------------------------------------- 655 Votes cast for Local B-1031, International Brotherhood of Electrical Workers, affiliated with the American Federation of Labor-------------------------- ------------- 153 Votes cast 'for United Electrical, Radio and Machine Workers of America, affiliated with the Congress of Industrial Or- ganizations----------------------------------------------- 393 Votes cast for Neither------------------------------------- 109 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, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that United Electrical, Radio and Machine Workers of America, affiliated with the Congress of Industrial Or- ganizations, has been designated and selected by a majority of all production and maintenance employees of Belmont Radio Corpora- - tion, Chicago, Illinois, including janitors, elevator operators, per- mittees, and temporary employees, but excluding the engineering staff, laboratory assistants, draftsmen, office or sales force, clerical and service staff, foremen and supervisors having the power to hire or discharge, scientific or experimental force,, quality' control em- ployees, test equipment maintenance employees, watchmen, and sal: aried employees other than elevator operators, as their representative for the purposes of collective bargaining, and that, pursuant to the provisions of Section 9 (a) of the National Labor 'Relations Act, United Electrical, Radio and Machine Workers of America, affiliated with the Congress of Industrial Organizations, is the exclusive repre- sentative of all such employees for the purposes of collective bar- gaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. 27 N. L R B, No 78a. '