R. H. Armbruster Manufacturing Co.

In the Matter of W. C. ARMBRUSTER, DOING BUSINESS AS R. H. ARM- BRUSTER MANUFACTURING COMPANY and CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-2333.-Decided March 19, 1941 Jurisdiction : tent, tarpaulin. and awning manufacturing industry. Investigation and Certification of Representatives : existence of question: Com- pany refused to accord petitioning union recognition contending that a rival union had already organized the plant; closed-shop contract entered into after institution of proceedings, no bar to ; election necessary Unit Appropriate for Collective Bargaining : production and maintenance em- ployees including warehouse employees, but excluding supervisory, clerical, and sales employees, and working foremen. Mr. A. M. Fitzgerald, of Springfield, Ill., for the Company. iltr. Edmlund 'Bnrlce, of Springfield, Ill., for the CIO. Mr. John R. Kane, of Springfield, Ill., for the A. F. of L. Mr'c.s Ann Landy, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On January 22, 1941, the Congress of Industrial Organizations, herein called the CIO, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition, and on January 28 and February 10, 1941, amended petitions, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of W. C. Armbruster, Springfield, Illinois, doing business as R. H. Armbruster Manufacturing Company, herein called the Com- pany, and requesting an investigation and certification of representa- tives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On February 11, 1941, the National Labor Relations Board, herein called the Board,* acting pursuant to Section 9 (c) of the Act and Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an- investigation and authorized the Regional 30 N. L. R. B., No. 64. 457 458 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Director to conduct it and to provide for an appropriate hearing upon due notice. On the same day, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, upon the C. I. 0., and upon International Hod Carriers, Building and Com- mon Laborers Union of America, herein called the A. F. of L., a labor organization claiming to represent employees directly affected by the investigation. Pursuant to the notice, a hearing was held on February 18, 1941, at Springfield, Illinois, before Lester Asher, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the C. I. 0., and the A. F. of L. were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and to 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 all 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 W. C. Armbruster is an individual doing business at Springfield, Illinois, as the R. H. Armbruster Manufacturing Company. The' Company is engaged in the manufacture, sale, and rental of tents, tarpaulins, and awnings. Its gross sales for the year of 1940 amounted to approximately $113,000. About 10 or 12 per cent of such sales were shipped to points outside the State of Illinois. Dur- ing the same period, the Company purchased raw materials valued at $27,262. Eighty per cent of such materials were, imported from States other than Illinois. The number of production workers employed by the Company normally averages 27 or 28. Since February 1941, however, the Company has been engaged in the performance of a defense contract, and at the time of the hearing the number of its employees had increased to 115. H. THE ORGANIZATIONS INVOLVED The Congress of Industrial Organizations is a labor organization admitting to membership respond,3nt's production and maintenance employees. W. C. ARivIBRUSTER 459, International Hod Carriers, Building and Common Laborers Union of America is a labor organization affiliated with the American Federation of Labor, admitting to membership production and main- tenance employees of the Company. 1II. THE QUESTION CONCERNING REPRESENTATION On January 21, 1941, the C. I. O.' requested the Company to, bargain with it. The Company refused on the ground that the plant was already organized by the A. F. of L. On January 22, the C. I. O. filed the petition in this proceeding, and on January 24 the Company was notified thereof. On January 25, notwithstanding such notification, the Company entered into a° closed-shop contract with the A. F. of L. Inasmuch as the contract with the A. F. of L. was Centered into after the Company had been notified that the C. I. O. had filed a petition for investigation and certification,'it is no bar to our investigation.' - It appears from a statement made by the Trial Examiner who ex- amined the membership cards of the C. I. O. and the A. F. of L. that both labor organizations represent a substantial number of the Company's employees in the unit hereinafter found to be appro- priate.' We find that a question has arisen -concerning the repre- sentation 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 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 At the hearing both labor organizations agreed that all production and maintenance employees of the Company, excluding clerical and sales employees, and supervisory employees other than working fore- men constitute an appropriate unit. The Company made no claim ' See Matter of General Dry Batteries, Inc and Battery lVorkers' Federal Labor Union, No 22516, A. F of L . 29 N L R B 1017 , and cases cited therein 2 A comparison of the membership cards and the Company s December 27, 1940, pay role revealed that 69 of the Company s 112 employees signed application cards for the C I. O. and 78 signed application cards for the A F. of L ' 460 DECISIONS OF NATIONAL LABOR RELATIONS BOARD with respect to the unit. Dispute arose between the labor organiza- tions, however,, concerning the inclusion in the unit of warehouse employees and of three working foremen. The Company had on its December 27, 1940, pay roll five ware- house employees, one of whom is a part-time truckciriver. The ware- house is located in a building seven blocks away from the plant. • The warehouse employees inspect and repair tents stored there. The C. I. O. contends that the warehouse employees are not properly within the designation of production and maintenance employees. The A. F. of L. desires to have them included in the unit. We find that the warehouse employees should be included in the unit inasmuch as there is no fundamental difference between their work and the work of the Company's other production and maintenance employees.3 The C. I. O. claims that Adolph Bobitz, Maye Hubbs, and James Patsche should be excluded from the, unit because they are supervisory employees. The A. F. of L. would include them since, in addition to their supervisory duties, they are engaged in production work. It is- not disputed that each of these employees, although also engag- ing in production, exercises a degree of supervisory authority. Bobitz is responsible for the work of the men in the warehouse, Hubbs has charge of the work of three or four other employees, and Patsche is in charge of the night force at the main plant. We shall exclude Bobitz, Hubbs, and Patsche from the unit as supervisory employees. We find that all production and maintenance employees of the Company including warehouse employees, but excluding supervisory, clerical, and sales employees, and working foremen, constitute 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. TI-11E DETERMINATION. OF REPRESENTATIVES . We find that the question, concerning representation which has arisen can best be resolved by means of an election by secret ballot and shall direct that such an election be held. The number, of persons employed by the Company in recent months has fluctuated sharply. Its pay roll for December 27, 1940, reflecting employment just prior to extensive lay-offs occasioned by the comple- tion of a defense contract, contains 112 names. On January 25,-1941, "Matte of Terminal Flour Mills Company and International Longshoremen's and Ware- housemen's Union, Local 1-28, 8-N. L R B 381 , Matter of Barre Wool Combing Company, Limited and Federal Labor Union, No. 21928, Textile Workers, affiliated with the American Federation of Labor, 19 N. L R, B 1008. W. C. ARMBRUSTER 461 -when the 'Company entered into a closed-shop contract with the A. F. of L., only 23 persons were employed. By the time of the -hearing on February 18, 1941, work on a second defense contract had increased employment to 115, and most of the persons laid off at the, close of 1940 had been recalled. It does not clearly appear whether the closed-shop provision of the contract has been enforced. The C. I. O. urges that a pay roll preceding the lay-offs at the close of 1940 should be used to determine eligibility to vote in an elec- tion. The A. F. of L. would have eligibility determined by reference to a current payroll. We shall direct that those eligible to vote shall be all persons in -the appropriate unit who were on the Company's pay roll for January 24, 1941, the last payroll preceding the execution of the closed-shop contract, and all persons in such unit who, although not on that pay -roll, were on the Company's pay roll of December 27, 1940, which reflects employment during the performance of the Company's first defense contract; with the limitations and additions set forth in the Direction of Election. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLus1oI'B OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of W. C. Armbruster, Springfield, Illinois, doing,business as R. H. Armbruster Manufacturing Company, 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 in- cluding warehouse employees, but excluding supervisory , clerical, and sales employees, and working foremen, constitute a unit appropriate for the purposes of, collective bargaining. 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 Re- lations Act and pursuant to Article III, Section 8, of National Labor Relations Bdard 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 W. C. Armbruster, Springfield, Illinois, doing business as the R. H. Armbruster Manufacturing Company, an election by 462 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD 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 Diiector for the Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and-subject to Article III, Section 9, of said Rules and Regu- lations, among all production and maintenance employees of the Company, including warehouse employees, who were on the Com- pany's pay roll for January 24, 1941, and all such employees who, al- though not on that pay roll, were on the Company's pay roll of De- cember 27, 1940, and all such employees who were on neither pay roll because they were ill or on vacation or absent because called for mili- tary service, I excluding supervisory, clerical, and sales employees, working foremen, and any who, since the date of the most recent of the above pay rolls upon which their names appear, have quit or been discharged for cause, to' determine whether they desire to be represented by the Congress of Industrial Organizations or by International Hod Carriers, Building and Common Laborers Union of America, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by, neither.