Hillsdale Screen Co.

In the Matter of HILLSDALE SCREEN COMPANY and UNITED AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH THE C. I. O. Case No. R-22-58.-Decided February 14, 1941 Jurisdiction : screen door and window manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord the union recognition ; eligibility of part-time employee students to vote, limited to those students who worked for,Company at least 40 hours during 30-day period preceding Direction of Election ; election necessary. Unit Appropriate for Collective Bargaining : all hourly paid production em- ployees, but excluding supervisory employees who are authorized to hire or discharge employees or to recommend such hiring or discharging, and salaried, office, and clerical employees. Mr. G. A. Duncan, of Hillsdale, Mich., for the Company. Mr. 'Edward H. Hertz, of Jackson, Mich., and Mr. Severino Polio, of Detroit, Mich., for the Union. Mr. Harry Cooper, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On November 15, 1940, United Automobile Workers of America, affiliated with the C. I. 0., herein called the Union, filed with the Regional Director for the Seventh Region (Detroit, Michigan) a petition alleging that a question affecting commerce had arisen con- cerning the representation of employees of Hillsdale Screen Company, Hillsdale, Michigan, herein called the Company, and requesting an investigation and certification of representatives pursuant to Sec- tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the At. On December 14, 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 investi- gation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On January 8, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the parties. Pursuant to 29 N. L. R. B., No. 106. 612 HILLSDALE SCREEN COMPANY 613 notice, a hearing- was held on January 15, 1941, at Hillsdale, Mich- igan, before Earl R. Cross, the Trial Examiner duly designated by the Board. The Company and the Union were represented by their ,representatives and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon 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 1. THE BUSINESS OF THE COMPANY Hillsdale Screen Company is a Michigan corporation having its office and place of business at Hillsdale, Michigan, where it is engaged in the manufacture and sale of screen doors, window screens, venti- lators, combination screen and storm doors, and stepladders. In 1940 the Company purchased raw materials having an approximate value of $370,000, of which 95 per 'cent were obtained outside the State of Michigan. In the same year the Company sold products having an approximate value of $530,000; of which more than 95 per cent were sold to customers located outside the State of Michigan. H. THE ORGANIZATION INVOLVED United Automobile Workers of America, affiliated with the C. I. 0. is a labor organization admitting to its membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION During the first part of November 1940 the Union requested of the Company recognition as the exclusive bargaining representative of its employees. The Company refused to grant such recognition. From a statement of the Trial Examiner made at the hearing, it ap- pears that the Union represents a substantial number of the Com- pany's employees in the unit hereinbelow found to be appropriate for the purposes of collective bargaining.' i Theie are approximately 100 employees in the appropriate unit The Union submitted to the Trial Examiner 57 membership application cards After checking these cards against the Company's pay roll for the \tieek ending December 14, 1940, the Trial Examiner stated that all the names on the cards appealed upon the pay , roll except two He further 614 DECISIONS 'OF NATIONAL LABOR RELATIONS BOARD 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, 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. V. THE APPROPRIATE UNIT The parties agree that the appropriate unit should include all hourly paid production employees, exclusive of supervisory em- ployees having the authority to hire or discharge employees or to recommend such hiring or discharging, and salaried, office, and clerical employees. One hourly paid employee is a watchman. The Union contends generally that watchmen 'should be excluded from the unit. How- ever, with respect to the particular watchman involved, the Union, makes no definite claim. Nor did it introduce evidence at the hearing with reference to his duties, his eligibility to membership in the Union, or other material facts. The Company does not oppose the inclusion of the watchman in the unit.- Under these circumstances. and in view of the Union's ambiguous position as to him, we shall include the watchman in the unit. The parties disagree as to the status of certain students who are part- time employees of the Company. We shall consider this question in Section VI, below. We And that all hourly paid production employees of the Company, including the watchman, but excluding supervisory employees who are authorized to hire or discharge employees or to recommend such hiring or discharging, and salaried, office, and clerical employees, constitute a unit appropriate for the purposes of collective bargain- ing, and that said unit will insure to employees 'of the Company the full benefit of their right to self-organization and to collective bar- gaining and otherwise effectuate the policies of the Act. stated 'that among the 57 cards , there was duplication of -names ; that 4 were not signed "on the back" ; that 14 were not dated , that 32 bore no date except a "month"; and that the remainder were dated in 1940 The testimony of the international repre- sentative of the Union indicates that most of the cards were signed by employees during the latter part of August 1940 or thereafter HILLSDALE SCREEN COMPANY VI. THE DETERMINATION OF REPRESENTATIVES 615 We find that the question concerning representation which has arisen can best be resolved by means of an election by secret ballot. The Union desires that eligibility to vote should be determined as of a date not later than December 31, 1940. The Company desires that eligibility should be determined as of the date of the hearing, January 15, 1941. We see no reason to depart from our usual practice and shall direct that all employees in the appropriate unit who were employed by the Company during the pay-roll period immediately preceding the date of our Direction of Election, including those -who did not work during said pay-roll period because they were ill or on vacation and those who were then or have since been temporarily laid off, but excluding those who have since quit or been discharged for cause, shall be eligible to vote. The Union and the Company disagree as to whether approximately five part-time employees should be eligible to vote in the election, the former contending that such employees are not entitled to vote, the latter contending that they should be permitted to vote. These employees are college students who work regularly whenever they have available time. In December 1940 three of these employees worked approximately 88, 65, and 58 hours, respectively. Some of these students work steadily during the summer months. Regular production employees work a 40-hour week. The students receive the same rate of pay as other production employees and are subject to the same rules and regulations of work. A representative of the Union testified that these students were eligible to membership in the Union provided that they met the requirements of the Union's constitution, which, he stated, limits eligibility to persons who were employees for at-least 30 days and actually worked at least 40 hours in any one calendar month. Although at another point the union representative testified that these requirements differ as regards dif- ferent plants and that he was not familiar with the requirements in a woodworking plant, the 40-hour standard appears to us to be a reasonable one, and we believe that the policies of the Act will best be effectuated if we provide that those students shall be eligible to vote who have worked for the Company at least 40 hours during the 30-day period immediately preceding the date of our Direction of Election. We shall so direct. Upon the basis of the above findings of fact-and the entire record in the case, the Board makes the following: CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the represen- tation of employees of Hillsdale Screen Company, Hillsdale, Michigan, 616 DECISIONS OF 'NATIONAL LABOR RELATIONS BOARD within the meaning of Section 9 (c) and Section 2 (6) and (7) the Act. 2. All hourly paid production employees of the Company, includ- ing the watchman, but excluding supervisory employees who are authorized to hire or discharge employees or to recommend such hiring or discharging, and salaried, office, and clerical 'employees, constitute a unit appropriate for the purposes of collective bargain- ing within the meaning of Section 9 (b) of the 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 Hillsdale Screen Company, Hillsdale, Michigan, 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 Director for the Sev- enth 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 hourly paid production employees of Hillsdale Screen Company, Hillsdale, Michigan, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including the watchman, those 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 including such students as were employed by the Company for at least 40 hours during the 30-day period immediately preceding the date of this Direction of Election, but excluding supervisory em- ployees who are authorized to hire or discharge employees or to recommend such hiring or_ discharging, salaried, office, and clerical employees, and those who have since quit or been discharged for cause, to determine whether or not they desire to be represented by United Automobile Workers of America, affiliated with the C. I. 0., for the purpose of collective bargaining.