The American Coach & Body Co.

In the Matter of THE AMERICAN COACH & BODY Co. and INTERNA- TIONAI. UNION, UNITED AUTOMOBILE WORKERS OF. AMERICA, LOCAL 755, (C. 1. 0.) . Case No. R4176.-Decided December 12, 1940 Jurisdiction : maintenance and service equipment for public utility companies and United States Coast Guard and Signal Corps manufacturing industry. Investigation and Certification of Representatives : existence of question: refusal to accord recognition to union ; contract terminable on 30 days' written notice, no bar to ; election necessary. Unit Appropriate for Collective Bargaining : all hourly paid production and maintenance employees excluding supervisory and clerical employees. Mr. James P. Miller, of Cleveland, Ohio, for the Company. Mr. Richard E. Reisinger, of Cleveland, Ohio, for the United. Mr. Coleman Claherty, of Cleveland, Ohio, for the Federal. ,Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On November 12, 1940, International Union, United Automobile Workers of America, Local 755, (C. I. 0.),1 herein called the United, filed with the Regional Director for the Eighth Region (Cleveland, Ohio) a petition alleging that a 'question affecting commerce had arisen concerning the representation of employees of The American Coach & Body Co., Cleveland, Ohio, herein called the Company, and requesting an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On November 26, 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. Incorrectly designated in the formal papers as International Union, United Automobile Workers of America (C. I. 0.). This was corrected by motion at the hearing. 28 N. L. R. B., No. 77. 508 THE AMERICAN COACH & BODY CO. 509 On November 26, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the United, and the United Automobile Workers Federal Labor Union, No. 18671 (A. F. of L.), herein called the Federal, a labor organiza- tion claiming to represent employees directly affected by the investi- gation. Pursuant to notice, a hearing was held on December 2, 1940, at Cleveland, Ohio, before Harry L. Lodish, the Trial Examiner duly designated by the Board. The Company was represented by counsel, the United and the Federal by their representatives; all 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. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The American Coach & Body Co. is an Ohio corporation with its principal office and plant at Cleveland, Ohio, where it is engaged in the manufacture of maintenance and service equipment for public utility companies, the United States Coast Guard, and the United States Signal Corps. During the first 10 months of 1940, the Com- pany purchased raw materials valued in excess of $300,000, approxi- mately 10 per cent of which were shipped to it from points outside the State of Ohio. During the same period, the Company sold finished products valued at approximately $800,000, approximately 80 per cent of which were shipped by it to points outside of the State of Ohio. Approximately 50 per cent of the total production by vol- ume of the Company is sold by it to the United States Government. The Company admits that it is engaged in interstate commerce within the meaning of the Act. II. THE ORGANIZATIONS INVOLVED International Union, United Automobile Workers of - America, Local 755, is a labor organization affiliated with the Congress of Industrial Organizations. It admits to membership all hourly paid production and maintenance employees of the Company, excluding supervisory and clerical employees. United Automobile Workers Federal Labor Union, No. 18671, is a labor organization affiliated with the American Federation of Labor, 510. DECISIONS OF NATIONAL LABOR RELATIONS BOARD admitting to membership all hourly paid production and maintenance employees of the Company, excluding supervisory and clerical employees. III. THE QUESTION CONCERNING REPRESENTATION On December 30, 1938, the Company and the Federal entered into a contract providing, among other things, for preferential hiring of members of the Federal. This contract was to run until either party thereto by 30 days' notice advised the other of a desire to terminate it. No such notice has been given. On November 11, 1940, the United wrote to the Company claiming to represent a majority of its employees and requesting a conference for the purposes of collective bargaining. On November 12, 1940, the Company replied, stating that it was operating under a contract with the Federal and that it intended to live up to the agreement until such time as the Board certified another labor organization. Inasmuch as the above contract is terminable upon 30 days' notice by either party thereto, it is apparent that it does not constitute a bar to a present determination of representatives herein. A statement of a Field Examiner of the Board introduced in evidence shows-that the United represents a substantial number of employees in the alleged appropriate unit.z 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 And 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 Company, the United, and the Federal agreed at the hearing that the appropriate unit should consist of all hourly paid production and maintenance employees of the Company, excluding supervisory and clerical employees. We see no reason for departing from such unit. 2 The Field Examiner 's statement shows that 81 employees on the November 5, 1940, pay roll of the Company have signed a petition authorizing the United to bargain for them. There are approximately 1 90 employees in the alleged appro$riate unit. The Field Examiner stated that no check was made of the Fedieral's representation among this em- ployees inasmuch as there is in existence a contract between it and the Company. THE AMERICAN COACH & BODY CO. 511 We find that all hourly paid production and maintenance employees of, the Company, excluding supervisory 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 '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 which has arisen concerning the representa- tion of employees of the Company can best be resolved by an election by secret ballot. The parties agreed at the hearing that, in the event the Board directed an election, eligibility to vote should be determined by the Company's pay roll of November 29, 1940. We find that the employees of the Company eligible to vote in the election shall be those in the appropriate unit whose names appear on the Company's pay roll of November 29, 1940, excluding those em- ployees 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 American Coach & Body Co., Cleveland, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the ' National Labor Relations Act. 2. All hourly paid production and maintenance employees of the 'Company, excluding supervisory and clerical 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- 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 The'-American Coach & Body Co., 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 direc- tion and supervision of the Regional Director for the Eighth Region, acting in this matter as agent for the National Labor Relations Board, 512 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and subject to Article III, Section 9, of said Rules and Regulations, among all hourly paid production and maintenance employees of the Company whose names appear on the Company's pay roll of November 29, 1940, excluding supervisory and clerical employees and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by International Union, United Auto- mobile Workers of America, Local 755, affiliated with the Congress of Industrial Organizations, or by United Automobile Workers Fed- eral Labor Union, No. 18671, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither. CHAIRMAN HARRY A. MILLIS took no part in the consideration of the above Decision and Direction of Election. [SAME TITLE] CERTIFICATION OF REPRESENTATIVES January 14, 1941 On December 12, 1940, the National Labor Relations ' Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding. Pursuant to the Direction of Election, ari election by secret ballot was conducted on December 23, 1940, under the direction and supervision of the Regional Director for the Eighth Region (Cleveland, Ohio). On December 26, 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 an Election Report on the ballot. 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,its results, the Regional Director reported as follows : Total number of employees eligible --------------- ----- ------ 190 Total number of ballots cast_________________________________ 174 Total number of votes cast for United Automobile Workers Federal Labor Union No. 18671 (AFL) -------------------- 24 Total number of votes cast for International Union, United Automobile Workers of America, Local 755 (CIO)________ 117 Total number of votes cast for neither______________________ 25 Total blank ballots______________ _________________________ r 0 Total void ballots__________________________________________ 0 Total ballots challenged____________________________________ 8 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, THE AMERICAN COACH & BODY CO. 513 IT IS HERESY CERTmIED that International Union, United Auto- mobile Workers of America, Local 755, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of all hourly paid production and maintenance employees of The American Coach & Body Co., Cleveland, Ohio, excluding supervisory and clerical employees, as their representative, for,the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, International Union, United Automobile Workers of America, Local 755; affiliated with the Congress of Industrial Or- ganizations, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. 28 N. L. R. B., No. 77a