The Johnston Glass Co., Inc.

In the - Matter of THE JOHNSTON GLASS COMPANY, INC. and FEDERAL LABOR'UNION No. 22379, OF THE AMERICAN FEDERATION - OF LABOR Case No. R-2329.-Decided March 27, 1941 Jurisdiction : specialty glass products manufacturing industry. , - Investigation and Certification of Representatives: existence of question : refusal to accord union recognition; laid off employees held eligible to vote; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em-6 ployees exclusive df supervisory and office clerical employees. Mr. Robert W. Bonham, and Mr. James R. Emshwiller, of Hartford City, Ind., for the Company. Mr. Hugh Gormley, of Indianapolis, Ind., for the A. F. of L. Holmes d Lewis, by Mr. W. T. Lewis, of Columbus, Ohio, for the C. I. O. Mr. David H. Karasick, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On December 6, 1940, Federal Labor Union No. 22379, of the Amer- ican Federation of Labor, herein called the A. F. of L., filed with the Regional Director for the Eleventh Region (Indianapolis, Indiana) a petition alleging that a question affecting commerce had arisen con- cerning the representation of employees of The Johnston Glass Com- pany, Inc., Hartford City, Indiana, 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 January 29, 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 in- vestigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On February 10, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the A. F. of L., and Federation of Glass, Ceramic, and Silica Sand Woi k- 30 N. L. R. B, No. 94. 629 630 \ DECISIONS OF NATIONAL LABOR RELATIONS BOARD ers of America, affiliated with the C. I. 0.,1 herein called the C. I. 0., a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on February 17, 1941, before Arthur R. Donovan, , the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the C. I. 0. were represented by counsel and the A. F. of L. by its representative; all participated in the hearing. A motion by the C. I. '0. to intervene in the proceeding was granted by the Trial .Examiner. 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 all the rulings of the Trial Examiner and finds that no prejudicial errors were com- mitted. 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 Johnston Glass Company, Inc., an Indiana corporation, main- tains its manufacturing, plant and principal place of business at Hartford City, Indiana, where it is engaged in the processing of pre- fabricated glass into specialty products such as radio dials, gasoline gauges, and other ceramic products. , The materials used by the ,Company in its manufacturing operations are window glass, plate glass, paints, and enamels. Practically all the glass and all the paints and enamels used in its manufacturing operations are secured from sources outside the State of Indiana. Its total annual purchases are in excess of $100,000 and the Company's annual gross sales exceed the sum of $200,000. Approximately 90 per cent of the Company's manu- factured products are shipped to States other than Indiana and to the Dominion of Canada. H. THE ORGANIZATIONS INVOLVED Federal Labor Union' No. 22379, of the American Federation of Labor, is a labor organization admitting to its membership employees ,of the Company., ' At the time the petition was filed, this labor organization was known as Federation of Flat Glass Workers of America, affiliated with the C . I O. Thereafter, but prior to the hearing, the organization changed its name to _ that stated above. The petition was accordingly amended during the hearing to note the change in designation. THE JOHNSTON GLASS COMPANY, INC.. 631 Federation of Glass, Ceramic, and Silica Sand Workers. of America, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION Upon request of the A. F. of,L., the Company refused to bargain on the ground that it had a contract with the C. I. O. which was to expire January 3, 1941, and suggested that the A. F. of L. file a petition with the Board requesting an investigation and certification of representatives. The Company took the position at the hearing that it would recognize either union only if it were certified by the Board. There was introduced in evidence a statement by the Regional Director of the Board that the A. F. of L. and the C. I. O. had sub- mitted to him membership application and authorization cards in behalf of their claims to represent employees of the Company. The statement indicates that both the A. F. of L. and the C. I. O. re- present a substantial number of the employees of the Company? We find that a question has arisen concerning the representation of the employees of the Company. IV. THE EFFECT OF TIIE 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 with foreign countries, and tends to lead, to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The parties stipulated that all production and maintenance em- ployees and clerical employees directly connected with production, ex- clusive of supervisory and office clerical employees, constitute an appropriate unit. 2 The statement shows that of the 56 membership application cards submitted by the A. F. of L, 55 bore the signatures of employees listed on the Company 's pay roll for the first week in December 1940, all of which were variously dated between May and December 1940, with the exception of 1 card which bore no date ; and that of the 98 membership application cards submitted by the C. I. 0., 82 bore signatures of employees listed on the Company's pay roll for the same date, of which 90 were variously dated between October and December 1939, and 8 bore no dates . There were 116 employees listed on the Com- pany's pay roll for the first week in December 1940 r 632 DECISIONS OF NATIONAL LABOR RELATIONS BOARD - The C. I. 0. urges that the following seven employees,-be excluded from the appropriate unit on the ground that they exercise super- visoryauthority : Hanley Barker, J. L. Lanning, John Gable, Nora Blair, Charles Egly, Joe Smith, and Gaston Guignard. The A. F. of L. wishes to include these employees in the unit., The Company takes no position as to these employees but states that it regards them as production workers. None of the foregoing employees have authority to, hire, discharge, or discipline, other employees. Each of them is subject to the Wages and Hours Act and punches the time clock, as do other em- ployees throughout the plant with the exception of the foreman of each department.' It appears that each of the foregoing employees was covered by the contract between the Company and the C. I. 0., which expired January 3, 1941. We are of the opinion that the foregoing employees should be included in the appropriate unit. We find that all the production and maintenance employees and clerical employees directly connected with production at the Hart- ford City, Indiana, plant of the Company, exclusive of supervisory employees and office clerical employees, constitute a unit appropriate for the purposes of collective bargaining and that such unit will insure to employees of the Company the full benefit to their right of self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES The Company, the A. F. of L., and the C. I. 0. all request that the Board hold an election. We find that the question which has arisen concerning the representation of employees of the Company can best be resolved by an election by secret ballot. The C. I. 0. requests that a current pay roll be used for the pur- pose of determining eligibility to vote. The Company and the A. F. of L. express no preferences. The C. I. 0. contends that nine employees' who were laid off at various times between January and June 1940, are not eligible to vote. The A. F. of L. urges that all persons, including the' nine in question, whose names appear on a seniority list supplied by the Company, other than those persons who have quit or been discharged for cause, are entitled to participate in the election. The Company takes no position as to these employees. The Company has adopted s By special arrangement, Nora Blair is permitted to keep her own time. Darta Benedict, Jennie Briggs, Ruth Egly , Halena Flint, Katherine Moore, Dorothy Perry, Violet Waters, Gaynell Winget, and Dorothy Philabaum. THE JOHNSTON GLASS COMPANY, INC. 633 no policy as to the length of time an employee who has been- laid off would be considered eligible for future employment, and it con- templates an increase in business which will necessitate the recall, within a short time, of all employees who have been laid off. The Company has two peak periods, the first of which is from February to May and the second of which is from September to December. We are of the opinion that the nine employees who were laid off at various times between, January and June 1940 are eligible to" vote in the election. We shall direct that persons eligible to vote shall be the employees in the appropriate unit whose names appear upon the Company's pay roll immediately preceding the date of this Direction of Election, with such inclusions and exclusions as are set forth in the Direction hereinafter. 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 Johnston Glass Company, Inc., Hart- ford City, Indiana, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. - 2. All the production and maintenance employees and clerical em- ployees directly connected with production in the Hartford City, Indiana, plant of the Company, exclusive of supervisory and office clerical employees constitute a unit appropriate for the purposes of collective bargaining 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, 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 The Johnston Glass Company, Inc., Hartford City, Indiana, 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 Eleventh 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 the production 634 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and maintenance employees and clerical employees directly connected with production of The Johnston Glass Company, Inc., at the Hart- ford City, Indiana plant, whose names appear on the Company's pay roll immediately preceding the date of this Direction of Election, including any employees who did not work during said 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 supervisory and office clerical employees and employees who, have since quit or been discharged for cause, to determine whether or not they desire to be represented for the purposes of collective bargaining by Federal Labor Union No. 22379, of the American Federation of Labor, or Federation of Glass, Ceramic and Silica Sand Workers of America, affiliated with the C. I. 0., or by neither.