Hussmann-Ligonier Co.

In the Matter of HUSSMANw-LIGONIER COMPANY and UNITED ELEC- TRICAL, RADIO & MACIIINE WOR.KERs of AMERICA, LOCAL No. 810, C. I. O. Case No. R-?252.Decided March 7, 1941 Jurisdiction : refrigerator and food store equipment manufacturing industry. Investigation and Certification of Representatives : existence of question: stip- ulated; elections necessary. Units Appropriate for Collective Bargaining : (1) production and maintenance employees ; (2) employees in the porcelain enameling department; elections to determine whether the above groups shall constitute a single or separate units. Cobbs, Logan, Roos & Armstrong, by Mr. George B. Logan, of St. Louis, Mo., for the Company. Mr. William Senter, of St. Louis, Mo., for the C. I. O. Mr. E. P. Theirs, of St. Louis, Mo., and Mr. Joseph A. Padway, by Mr. Robert A. Wilson, of Washington, D. C., for the A. F. of L. and its affiliates. Miss,Edna,Loeb, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On December 23, 1940, United Electrical, Radio & Machine Work- ers of America, Local No. 810, affiliated with the Congress of Indus- trial Organizations, herein called the C. I. 0., filed with the Regional Director for the Fourteenth Region (St. Louis, Missouri) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Hussmann-Ligonier Company, St. Louis, Missouri, herein called the Company, and requesting an in- vestigation and certification of representatives, pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On December 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 30 N. L. R. B., No. 21. 121 122 DECISIONS OF NATIONAL LABOR RELATIONS BOARD appropriate hearing upon due notice. On December 28 and 31, 1940, the Regional Director issued a notice and amended notice of hearing, copies of which were duly served upon the Company, the C. I. 0., and upon the American Federation of Labor, herein called the A. F. of L., International Brotherhood of Electrical Workers, herein called the I. B. E. W., Local Union No. 1; International Association of Ma- chinists, herein called the I. A. M., District No. 9; and Carpenters District Council labor organizations claiming to represent employees affected by the investigation.' Pursuant to the notices, a hearing was held on January 4, 7-8, and 10-11, 1941, at St. Louis, Missouri, before King Derr, the Trial Examiner duly designated by the Board. The Company was rep- resented by counsel and the C. I. O. by a representative. A single representative appeared for the A. F. of L. and several of its affiliated organizations, namely, the I. B. E. W., the I. A: M., Metal Polishers, Buffers, Platers and Helpers International Union, herein called the Metal Polishers, United Brotherhood of Carpenters and Joiners of America, herein called the Carpenters, Allied Stove Mounters and Stove Processors International Union, herein called the Stove Mounters, United Association of Journeymen Plumbers and Steam Fitters of the United States and Canada, herein called the Plumbers, Brotherhood of Painters, Decorators and Paperhangers of America, herein called the Painters,2 and Refrigerator Workers Federal Labor Union No. 22542, herein called the Federal Union.3 These eight organizations are herein referred to jointly as affiliates of the A. F. of L. All parties participated in the hearing and1 were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Board has reviewed the rulings of the Trial Examiner on motions and on objections to the admission of evidence and finds that no prejudicial errors were com- mitted. The rulings are hereby affirmed. ' The notices of hearing were also served upon Sheet Metal Workers International Asso- ciation, Labor Union No. 36 , but this organization did not appear at the hearing or claim to represent any of the employees affected by the' investigation By order dated January 3 , 1941, the Regional Director denied a motion by the A. F. of L. and several organizations affiliated with it, requesting postponement of the hearing 2 At the healing the representative for the above A F of L international organizations also represented the various local unions and apparently also the district councils thereof which are interested in this proceeding , namely , Carpenters District Council of St. Louis and Vicinity and Local 1596 of the Carpenters ; Locals 41,688, and 1345 and District No. 9 of the I. A. M. ; Local 362 of the Plumbers ; Local 13 of the Metal Polishers ; Local 1 of the I. B E W.; Local 11 of the Stove Mounters ; and Local 980 of the Painters. The locals and international unions were referred to interchangeably at the hearing by the names of the international unions , and all parties stipulated that references to the inter- national unions were meant to include the locals thereof Likewise in this Decision our references to the international unions include the locals and district councils thereof 3 The A F. of L. representative also entered an appearance for International Brotherhood of Firemen and Oilers but later stated that that union did not claim to represent any employees affected by the investigation and did not wish to participate in this proceeding. Accordingly , we do not refer to this organization further herein HUSSMANN-LIGONIER COMPANY 123 Pursuant to notice, a hearing for the purpose of oral argument was held before the Board at Washington, D. C., on January 30, 1941. The A. F. of L. and its affiliates appeared by'counsel and participated in the oral argument. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Hussman-Ligonier Company is a Delaware corporation licensed to do business in Missouri. It operates a plant at St. Louis, Missouri, and is there engaged in the manufacture and sale of commercial refrigerators, refrigeration equipment, and other food-store equip- ment. Among the materials used by the Company in its manufactur- ing operations are steel, lumber, insulation, glass, hardware, copper, electric motors, and electrical, refrigeration, and enameling supplies. Between September 1, 1939, and September 1, 1940, the value of such materials purchased by the Company amounted to approximately $1,120,000, approximately 83 per cent of which it secured from sources outside Missouri. During the same period the Company's finished products amounted in value to approximately $2,589,000, of which approximately 94 per cent were shipped from the plant to points outside Missouri. . The Company admits that it is engaged in inter- state commerce within the meaning of Section 2 (6) of the Act and that it is subject to the jurisdiction of the Board. II. THE ORGANIZATIONS INVOLVED United Electrical, Radio & Machine Workers of America, Local No. 810, is a labor organization affiliated with the Congress of In- dustrial Organizations. It admits to its membership employees of the Company. . International Brotherhood of Electrical Workers, International Association of Machinists, Metal Polishers, Buffers, Platers and Helpers International Union, United Brotherhood of Carpenters and Joiners of America, Allied Stove Mounters and Stove Processors International Union, United Association of Journeymen Plumbers and Steam Fitters of the United States and Canada, Brotherhood of Painters, Decorators and Paperhangers of America, and Refrigerator Workers Federal Labor Union No. 22542 are labor organizations affiliated with the American Federation of Labor. Directly or through local organizations they admit to their membership em- ployees of the Company. 124 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTIONS CONCERNING REPRESENTATION The Company, the C. I. 0., and the A. F. of L. and its affiliates stipulated at the hearing that questions have arisen concerning the representation of employees of the Company. From the Regional Director's written statement, which was introduced into evidence, from the check of authorization cards made at the hearing by the Trial Examiner, and from testimony and other evidence in the record, it appears that the C. I. 0. and the A. F. of L. and its affiliates have substantial representation among the employees of the Company 4 We find that questions have arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON COMMERCE We find that the questions concerning representation which have arisen, occurring in connection with the operations of the Company described in Section I above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The C. I. 0. petitions for a unit consisting of all employees in the Company's porcelain enameling department, excluding supervisory employees.6 The A. F. of L. and its affiliates contend that that unit is inappropriate and they seek a unit consisting of all the Company's production and. maintenance employees, including the porcelain enameling department employees and excluding supervisory, office, outside sales, and clerical employees and timekeepers. The Company 4 The Regional Director reported that the C. I. 0 submitted to her 38 application and authorization cards, that all the signatures thereon appeared to be genuine original signa- tures , and that 37 of the signatures were the names of employees on the pay roll of the Company for its porcelain enameling department for the week ending December 14, 1940. The record shows that on that pay roll there were 40 porcelain enameling department work- ers, who comprised the unit which the C. I. 0 claims to be appropriate . The record shows further that at the time of the hearing there were approximately 37 porcelain enameling department employees and that the C. I. 0. represented 35 or 36 of them The A F. of L. and its affiliates do not claim or show any representation among these employees. From the Trial Examiners card check , testimony , and other evidence in the record, it appears that the A. F of L and its affiliates represent approximately 340 of all the Com- pany 's production and maintenance employees , including porcelain enameling department employees , who comprise the unit claimed by the A. F. of L. and its affiliates to be appro- priate . The record shows that the Company 's production and maintenance employees numbered approximately 428 at the time of the hearing 6 In its petition the C. I 0 requested that maintenance employees also be excluded from the unit. The record indicates , however, that there were no maintenance employees in the porcelain enameling department at the time of the hearing, and therefore we shall not discuss the inclusion or exclusion of this categoiy of employees HUSSMANN-LIGONIER COMPANY 125 indicated at the hearing that it would prefer to-deal with' one repre- sentative for all its employees. The Company manufactures its. finished articles by sending parts and materials through successive, interdependent stages of processing in,various departments of its plant. Almost all its products require porcelain enameling, which is applied at the plant chiefly by the porce- lain enameling departments This department receives manufactured parts from the steel fabrication department, enamels them, and passes them on to other departments for further processing and assembly into the final product. The work of the porcelain enameling depart- Inent appears to be, therefore, an essential link in a chain, of manu- facturing processes. The interdependence of this department and the ,Company's other departments is not affected by certain variances in its working conditions, its housing in a separate building of the plant, or the fact that, due to its present insufficient productivity, the Com- pany procures some enameling work from other companies. More- over, it may be noted that the Company is now engaged in construction work which will merge the porcelain enameling building with the structures housing the rest of the plant, and which will enlarge the capacity of the porcelain enameling department to the end that all porcelain enameling work may be done at the plant in the future without further resort to other companies. Labor organizations have engaged in collective bargaining in behalf of employees of the Company since 1934 but despite the integral character of the production process, such bargaining has always been along craft or semi-craft lines, never upon a plant-wide basis. Be- tween 1934 and 1940 the Carpenters, the I. A. M., the Metal Polishers, the Plumbers, and the I. B. E. W. negotiated with the Company sep- arately with respect to specified categories of employees and secured preferential hiring contracts therefor.7 The porcelain enameling de- partment workers were not included within any contract or any col- lective bargaining negotiations prior to December 1940. In November and December 1940 the C. I. O. secured authoriza- tions from almost all the porcelain enameling department employees and thereupon sought to bargain with the Company in their behalf. The Company declined apparently because of doubts regarding the appropriate bargaining unit. On January 2, 1941, subsequent to notice of hearing herein but prior to the hearing, the -A. F. of L. and its affiliates sent the Company a 0 Some porcelain and paint enameling work similar to that done in the porcelain enamel- ing department is done in three other departments of the Company 's plant. This similarity of processes would appear to permit interchange of employees between these departments although apparently the Company has not as yet had occasion to adopt such a practice. 4 The I B. E. W. contract was not in fact executed , but both the Company and the I B. E. W. considered it to be in force. For several years the Company has affixed to its products union labels of the Carpenters and the I. B. E. W. 126 DECISIONS OF NATIONAL LABOR RELATIONS BOARD telegram stating that they represented a majority of all the Com- pany's employees, excluding supervisory, clerical, and outside sales employees, and requesting recognition of the A. F. of L. and its affiliates as "sole bargaining agent for all of the employees." By return telegram on the same date, the Company denied this request because of the pendency of the instant proceeding. The A. F. of L. and its affiliates state that they intend to negotiate with the Company for a joint contract covering all production and maintenance em- ployees embodying the provisions of the separate contracts now in force, and state further that the individual expiration dates of those contracts are matters to be adjusted by collective bargaining. Although the jurisdiction of the C. I. O. extends to other em- ployees of the Company, it appears that the C. I. O. has not sought to organize any workers outside the porcelain enameling department. On the other" hand, as counsel for the A. F. of L. and its affiliates admitted at the oral argument, the A. F. of L. has no representation among the porcelain enameling department employees. In our opinion, the entire record discloses that the porcelain enam- eling department employees may properly be considered either as, a separate unit or as part of the plant-wide unit requested by the A. F. of L. and its affiliates. Where- the- considerations are evenly balanced, as here, we apply the principle that the desires of the porcelain enameling department employees constitute the determin- ing factors On this point the record is inconclusive. Therefore, in order that we may ascertain the wishes of these employees, we shall direct that separate elections be conducted among the following groups of employees, excluding supervisory, office, outside sales, and clerical employees and timekeepers : (a) All employees in the porcelain, enameling department, to deter- mine whether they desire to be represented for the purposes of col- lective bargaining by United Electrical, Radio & Machine Workers of America, Local No. 810, affiliated with the Congress of Industrial Organizations, by American Federation of Labor and affiliated organizations," or by neither; and (b), All production and maintenance employees, excluding all em- ployees in the porcelain enameling department, to determine whether or not they desire to be represented for the purposes of collective bargaining by American Federation of Labor and affiliated organiza- tions. We shall -certify the union or unions, if any, designated by a majority of the employees within each election unit as the exclusive 8 See Matter of The Globe Machine and Stamping Co . and Metal Pol8shers Union, Local No. 3, et al, 3 N. L. R. B 294, and subsequent cases 9 The A . F. of L. and its affiliates wish to be so designated on the ballots. HLSSMANN-LIGONIER COMPANY 127 representative thereof ; or if the A. F. of L. and its affiliates should win both elections, we shall certify it as the exclusive representative of both election units combined. VI. THE DETERMINATION OF REPRESENTATIVES We find that the questions concerning representation which have arisen can best be resolved by the elections referred to in Section V above. No reasons have been advanced by any of the parties for deviating from our usual practice of determining the eligibility of employees to vote by a current pay roll. -We shall , therefore, direct that those eligible to vote in the elections shall be all employees within the elec- tion units who were employed by the Company during the pay-roll period immediately preceding our Direction of Elections herein, in- cluding employees who did not work during such pay-roll period' because they were ill, on vacation , temporarily laid off, or absent because called for military service, but excluding employees who have since quit or been discharged for cause. Upon the basis of the foregoing findings of fact and upon the entire record in the case, the Board makes the following: CONCLUSIONS OF LAW Questions affecting commerce have arisen concerning the represen- tation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. DIRECTION OF ELECTIONS 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 bargaining with Hussmann -Ligonier Company, St. Louis, Missouri, elections by secret ballot shall be conducted as early as possible but not later than thirty (30) days from the date of this Direction of Elections, under the direction and supervision of the Regional Director for the Four- 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 employees of Hussmann -Ligonier Company who fall Within the groups described below and who were employed 128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such pay- roll period because they were ill, on vacation, temporarily laid off, or absent because called for military service; but excluding super- visory, office, outside sales, and clerical employees, timekeepers, and employees who have since quit. or been discharged for cause : (a) All employees in the porcelain enameling department, to deter- mine whether they desire to be represented for the purposes of col- lective bargaining by United Electrical, Radio & Machine Workers of America, Local No. 810, affiliated with the Congress of Industrial .Organizations, by American Federation of Labor and affiliated or- ganizations, or by neither; and (b) All production and maintenance employees, excluding all em- ployees in the porcelain enameling department, to determine whether .or not they desire to be represented for the purposes of collective bargaining by American Federation of Labor and affiliated organiza- tions. MR. EDWIN S. SMITH, dissenting : For the reasons stated in my separate opinions in Matter of Allis- Chalmers Manufacturing Company and International Union, etc.,1e and subsequent cases,'1 I would not permit the employees in the porcelain enameling department to set themselves apart in a bargain- ing unit separate from the plant unit. 10 4 N. L. R. B. 159. 11 See e. g. Matter of American Can Co. and Engineers Local No 30, etc, 13 N. L. R. B. 1252; Matter of Milton Bradley Co. and Int'l Printing Pressmen and Assistants Union of N. A., 15 N. L. R. B. 938. SAME TITLE SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES April 12, 1941 On March 7', 1941, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled proceeding. Pursuant to the Direction, elections by secret ballot were conducted on March 21, 1941, under the direction and supervision of the Regional Director for the Fourteenth Region (St. Louis, Missouri), among employees of Hussmann-Ligonier Com= pany, St. Louis, Missouri, herein called the Company, who fall within the two separate groups described below. On March 24, 1941, '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. 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 : GROUP A Number of employees eligible to vote_______________________ 33 Total number of ballots cast________________________________ 33 -Number of ballots challenged_______________________________ 5 Number of blank ballots___________________________________ None Number of void ballots____________________________________ None Total number of ballots counted_____________________________ 28 Number of ballots voted for United Electrical, Radio & Machine Workers of America, Local No. 810, C. I. O_______________ 23 Number of ballots voted for American Federation of Labor, and affiliated organizations____________________________________ 5 Number of ballots voted for neither_________________________ 0 129 130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD GROUP B Number of employees eligible to vote_ ________________________ 360 Total number of ballots cast_________________________________ 321 Number of ballots challenged_________________________ 1 Number of blank ballots___________________________________ None Number of void ballots ------------------------------------- None Total number of ballots counted____________________________ 320 Number of ballots voted for American Federation of Labor, and affiliated organizations____________________________________ 293 Number of ballots voted against American Federation of La- bor, and affiliated organizations___________________________ 27 Upon the basis of the entire record, the Board makes the following: SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. All employees of the Company in the porcelain enameling de- partment, excluding supervisory, office, outside sales, and clerical em- ployees and timekeepers, constitute a unit appropriate for the pur- poses of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 2. United Electrical, Radio & Machine `Yorkers of America, Local No. 810, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of the employees in the unit described in paragraph 1 above, as their representative for the purposes of collective bargaining, and is the exclusive representative of all the employees in said unit, within the meaning of Section 9 (a) of the National Labor Relations Act. 3. All production and maintenance employees of the Company, excluding supervisory, office, outside sales, and clerical employees, timekeepers, and all employees in the porcelain enameling depart- ment, constitute a unit appropriate for the purposes of collective bar- gaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 4. American Federation of Labor and affiliated organizations have been designated and selected by a majority of the employees in the unit described in paragraph 3 above, as their representative for the purposes of collective bargaining, and are the exclusive representative of all the employees in said unit, within the meaning of Section 9 (a) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES 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, HUSSMANN-LIGONIER COMPANY 131 IT Is HEREBY CERTIFIED that United Electrical, Radio & Machine Workers of America, Local No. 810, affiliated with the Congress of Industrial Organizations, has been designated and selected by a ma- jority of all employees of Hussmann-Ligonier Company, St. Louis, Missouri, in the porcelain enameling department, excluding, super- visory, office, outside sales, and clerical employees and timekeepers, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the National Labor Relations Act, United Electrical, Radio & Machine Workers of America, Local No. 810, affiliated with the Congress of Industrial Organizations, 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. IT Is HEREBY CERTIFIED that American Federation of Labor and affiliated organizations have been designated and selected by a ma- jority of all production and maintenance employees of Hussmann- Ligonier Company, St. Louis, Missouri, excluding supervisory, office, outside sales, and clerical employees, timekeepers, and all employees in the porcelain enameling department, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, American Federation of Labor and affiliated or- ganizations are 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. 30 N. L. R. B., No. 21a. ' 440135-41-Vol '10--10