The Metropolitan Body Co.

In the Matter Of" THE METROPOLITAN BODY COMPANY and-THE INDE- PENDENT AUTO BODY WORKERS' UNION OF CONNECTICUT Case No. R-'2331.Decided March 20, 1941 Jurisdiction : automobile truck body manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition in the absence of Board certification ; election necessary. - Unit Appropriate for Collective Bargaining : all production and' maintenance employees, including stock room employees, but excluding officers, execu- tives, foremen, subforemen, clerical employees, messengers, draftsmen, engi- neers, and watchmen. 6' Ifl ngs & Lockwood , by Mr. Walter N. Maguire and Mr. Keith T. Middleton,- of Stamford, Conn., for the Company. Mr. Morton Weiss, of Bridgeport, Conn., for the Independent. Liebman, Leider & IVitt, by Mr. Harold I. Cammer, of New York City, for the U. A. W. - Mr. Harry Cooper, of counsel to the Board. DECISION AND DIRECTION OF ELECTION 'STATEitEN'r OF THE CASE On September 0, 1940, The Independent Aiito Body Workers' Union of Connecticut, herein called the Independent, filed with the Regional Director for the Second Region (New York City)' a peti- tion alleging that a question affecting commerce had arisen concerning the representation of employees of The Metropolitan Body Company, Bridgeport, Connecticut, 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 Act. On February 3, 1941, 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 investiga- tion and authorized the Regional Director to conduct it and to pro- vide for an appropriate hearing upon due notice. 30 N. L. It. B., No. 65 463 464 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On February 6, 1941, the Regional Director, ;issued a notice of- hearing, copies of which were duly served upon the Company, the Independent, and upon United Automobile Workers of America (C. 1. 0.), and Local 505 thereof, herein 'called the U. A. W., a labor organization claiming to represent employees directly' affected by the investigation. Pursuant to notice, a hearing was held on February 17, 1941, at Bridgeport, Connecticut, before Millard L. Mldonick, the Trial Examiner duly designated by 'the Chief Trial Examiner. The Company, the Independent, and the U. A. W. were represented by counsel and participated in the hearing. Full oppor- tunity to be heard, to examine and cross-examine witnesses, and to, introduce evidence bearing upon the issues was afforded all parties At the hearing the parties entered into a stipulation on a number of issues, which stipulation recited that it should become effective only upon Board approval. The Board hereby approves this stipulation. 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 The Metropolitan Body Company, a Connecticut corporation, hav- ing its principal office and place of business at Bridgeport, Connect- icut, is engaged in the manufacture, sale, and distribution of all-steel automobile truck bodies. The Company purchases annually steel .valued at approximately $180,000, about 97 per cent of which is shipped to the Company's plant from points outside the State of Connecticut. The Company annually manufactures and sells prod- ucts amounting in value to approximately $1,225,000. About 95 per cent in value of such products is shipped directly from the Company's plant to points outside the State of Connecticut. The Company concedes that it is engaged in commerce among the several States within the meaning of the Act. , 1. THE LABOR ORGANIZATIONS INVOLVED 'The'Indepelident'Auto Body Workers' Union of Connecticut is an unaffiliated labor organization admitting to membership employees of the Company. - ' As indicated in Section VI. infra , we have departed from the strict terms of the stipula- tion with respect to the date upon which the election , directed below, is to be conducted. THE METROPOLITAN BODY COMPANY 465 United Automobile Workers of America (C. I. 0.), and Local 505 thereof, are labor organizations, affiliated with the Congress of In- dustrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On August 20, 1940, the Independent requested of .the Company recognition as 'exclusive bargaining representative of its employees. The Company refused to grant such recognition, stating it would not recognize any labor organization in the absence of Board eer- tification.2 From a report of the Regional Director which was intro- duced in evidence and from a statement of the Trial Examiner made at the hearing, it appears that each of the labor organizations in- volved herein represents a substantial number of the Company's employees in the unit found below to be appropriate for the purposes of collective bargaining.3 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 2 At the healing there was introduced in evidence a copy of a contract, dated June 13. 1939, between the Company and the U A W., providing foi exclusive recognition and for a closed shop, and reciting that the agreement would continue for a period of 2 years and automatically renew itself thereafter unless terminated by either party by written notice to the other not less than 30 days prior to the expiration date However, the pasties halve stipulated that the Company has no collective labor agicement with any labor organization at the piesent time and halve stipulated that the Boaid may direct an election 3The Independent submitted to the Regional Director 109 membership application cards. According to her report, 3 of these cards ace dated'in June 1940, 5 in July and August 1940, 'and 99 are undated All but two of the signatures affixed to these cards appeared to the Regional Director to be genuine, original signatures Two cards were unsigned. Of the signed cards, 99 bear the signatures of persons whose names are on the Company's pay roll as of August 31, 1940 At the hearing the Independent submitted to the Trial Examiner 17 additional cards, and, after examining them, the Trial Examiner stated that 1 card w-as a duplicate of one of the other 16, and that all 16 appeared to bear genuine, original si-,na- tures of persons on the Company's pay roll as of February 13, 1941 The parties stipulated that all 16 cards were signed by the respective persons whose names they bear within the last 3 weeks-pilor to the hearing According to the Regional Director's report the pay roll, as of. August 31, 1940, contains the names of 216 employees. The pay roll of.Febiuar3 13, 1941, contains the names of approxrinately 170 employees within the unit found below to be appropriate for pus poses of collective bargaining The -U A. W submitted to the Regional Director 64 membership application cards of which, according to her report, 2 are dated in June 1940, 13 in July and August 1940, and 49 are undated. Of the 64 signatures affixed to these cards,' all appeared'to the Regional Director to be genuine, original signatures, and 58 w ere'the'names of persons on the Com- pany's pay roll as of August 31, 1940 466 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. "THE APPROPRIATE UNIT At the hearing the parties stipulated that the unit appropriate for. purposes of collective bargaining should comprise all production and maintenance employees of the Company at its Bridgeport plant, ex- cluding officers, executives, foremen, subforemen, clerical employees, messengers, draftsmen, engineers,-and watchmen.' The U. A. W. contends that approximately four stock room em- ployees should be included in the appropriate unit; the Company, that they should be excluded. The Independent takes no position with respect to these employees. The stock room employees work in the stock room which is located in an addition to the plant, adjoin- ing the assembly department, and connected with it. The stock room employees keep records regarding the receipt of Inerchandise, equip- ment, and tools purchased by the Company. Small parts and tools are received at the stock room where the stock room employees take charge of them, sort them out, place them in bins, distribute them among production employees, and keep records regarding such dis- tribution. Tools are requested at the stock room by production em- ployees and the stock room employees give out such tools. They make periodical reports to the office regarding the distribution of tools. A minor part of the duties of these employees consists of preparing small parts for shipment out of the plant. The foreman over the stock room employees is in charge of all traffic in the plant. His desk is in the stock room. In addition to the four stock room employees there are seven material handlers 'under this foreman's supervision. The parties agree that these ma- terial handlers are in the appropriate, unit. The secretary-treasurer ,of the Company admitted at the hearing that the stock room em- ployees and the material handlers form more or less of a cohesive group under this foreman's supervision because all these employees concern themselves with the traffic of material in the plant. The Company's position is that the work of the stock room em- ployees is an extension of clerical work done in the office. Records which are kept by the stock room employees are used in the mainte- nance of the Company's inventory and accounting system. It also appears that stock room employees and office employees both par- ticipate in the taking of "spot check" inventories. On the other hand, the secretary-treasurer of the Company admitted at the hearing that ' The contract of June 13, 19$9, referred to above in footnote 2, covered all employees of the Company except watchmen, subforemen, foremen, employees in the stock room, messen- gers, engineers, officers, and clerical employees. THE METROPOLITAN BODY COMPANY 467. the,duties. of the stock room employees were adjusted more to the work in the plant than to the work in the office. The stock room employees are eligible to membership in the U. A. W. and' have in the past been members thereof. They are not eligible to membership in the Independent. However, the president of the Independent stated at the hearing that if these employees were found to be within the appropriate unit, the Inde- pendent would admit them to membership. . Under, the circumstances, we shall include the stock room employ- ees in the appropriate unit. We find that all production and maintenance employees of the Company at its Bridgeport plant, including stock room employees, but eicluding officers, executives, foremen, subforemen, clerical em- ployees, messengers, draftsmen, engineers, and watchmen, 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. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by, secret ballot. At the hearing the parties stipulated that the Board may direct an elections' to be conducted on April 8, 1941, and that eligibility to vote therein should be determined on the basis of any pay-roll period preceding April 1, 1941, deemed proper by the Board. Although' the Regional Director may, in her discretion, conduct the election on April 8, 1941, we shall follow our usual practice and direct that an election be conducted as early as possible, but not later than thirty (30) days from the date of our Direction, and that all employees within the appropriate unit who were employed by the Company during the pay-roll period immediately preceding the date' of our Direction, with the limitations and additions set forth in our Direction, shall be eligible to vote. At the 'hearing the U. A. W. requested that it appear on the ballot as "United Auto Workers (C: I. 0.)" No objection was made, to this request and we shall so provide. 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 I 1. A question affecting commerce has arisen concerning the rep- resentation of employees of The Metropolitan Body Company,' 440135-42-Vol. 30-31 468' - DECISIONS OF NATIONAL LABOR RELATIONS' BOARD Bridgeport, Connecticut, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production and maintenance employees of the Company at its Bridgeport plant, including stock room employees, but excluding officers, executives, foremen, subforemen, clerical employees, mes- sengers, draftsmen, engineers, and watchmen, constitute a unit ap- propriate for the purposes of collective bargaining, within the mean- ing 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 Re- lations 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 ordered by the Board to ascertain representatives for the purposes of collective bargaining with The Metropolitan Body Company, Bridgeport, Connecticut, 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, under the direction and supervision of the Regional Director for the Sec- ond Region (New York City), 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 main- tenance employees of The Metropolitan Body Company at its Bridge- port plant, who were employed during the pay-roll period immedi- ately preceding the date of this Direction, including stock room employees, employees who did not work during such pay-roll period because they were ill or on vacation or absent because called for military service, and ' employees who were then or have since been temporarily laid off, but excluding officers, executives, foremen, sub- foremen, clerical employees, messengers, draftsmen, engineers, watch- men, and those who have since quit or been discharged for cause, to determine whether they desire to be represented by The Independent Auto Body Workers' Union of Connecticut, by United Auto Workers (C. I. 0.), for the purposes of collective bargaining, or by neither.