Jensen Radio Manufacturing Co.

In the Matter Of JENSEN RADIO MANUFACTURING COMPANY and UNITED ELECTRICAL, RADIO & MACHINE WORKERSr OF AMERICA, -AFFILIATED WITH CONGRESS OF INDUSTRIAI: ORGANIZATIONS - - Case No. R-2,374.-Decided March 28, 1941 Jurisdiction : radio equipment manufacturing industry., Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees including receiving and shipping-room employees, janitors, and an electrical maintenance employee, but excluding office, sales, clerical, factory clerical, and supervisory employees. Mr. Otto Jaburek, of Chicago, Ill., for the Company. Mr. Ernest DeMaio and Mr. Robert Kirkwood, of Chicago, Ill., for the Union. Mr- Robert D. Allen, of counsel to the Board.' DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On February 3, 1941, United Electrical, Radio & Machine Workers of America, affiliated with the Congress of Industrial 'Organizations, herein called the Union, filed with, the Regional Director for the Thirteenth Region (Chicago, Illinois) 'a petition alleging that a question affecting commerce had arisen, concerning the representation of employees of Jensen Radio Manufacturing Company, Chicago, Illinois, herein called the Company, and requesting an investigation and' certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On February 21, 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 investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon clue notice. 30 N. L. R. B., No. 99. 648 JENSEN. RADIO MANUFACTURING COMPANY 649 On February 24,- 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to notice, a hearing was held on March 6, 1941, at Chicago, Illinois,, before Charles F.,McErlean, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the Union were represented by counsel and participated in the hear- ing. 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 thil,t 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 Jensen Radio Manufacturing Company is a Nevada corporation with its principal office and place of business in Chicago, Illinois, where it is engaged in the manufacture, sale, and distribution of radio loud speakers, amplifiers, and 'public address and sound equip- ment. During the period from March 1, 1939, , through February 29, 1940, the Company purchased raw materials having a value of $534,120. Approximately 80 per cent in value of such raw materials were purchased' outside the State of Illinois. During the same period the Company manufactured products having a value of $943,000, of which approximately 47 per cent, in terms of value, were shipped to points outside.the State of Illinois. The Company admits that it is engaged in interstate commerce within the meaning of the-Act. II. THE ORGANIZATION INVOLVED United Electrical , Radio & Machine Workers of America, affiliated with the Congress of Industrial Organizations , is a labor organiza- tion admitting to membership employees of the Company III. THE QUESTION CONCERNING REPRESENTATION On February 3, 1941, the Union requested that the Company recog- nize it as the exclusive bargaining representative of employees in the unit which the Union claims to be appropriate. The Company, on February 4, 1941, refused to grant such recognition on the ground that it did not believe that the Union represented a majority. 650 DECISIONS OF NATIONAL 'LABOR RELATIONS BOARD It appears from a statement made by the Trial Examiner at the hearing, that the Union represents a substantial number of employees in the unit hereinafter found to be appropriate.' _ We find that a question has arisen concerning representation of employees of the Company. IV. THE EFFECT OF THE QU17STION CONCERNING REPRESENTATION UPON COM1IERCE 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 commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The parties stipulated at the hearing that all production and main- tenance employees of the Company, including receiving and shipping- room employees, janitors, and electrical maintenance employee Bur- dette, should be included in the appropriate unit, and that office, sales, clerical, and supervisory employees should be excluded. The Union asked that the four factory clerical employees be excluded from the appropriate unit, while the Company asked that they be included. The record shows that none of the four factory clerical employees engage in any actual production work, their duties being entirely of a clerical nature. We shall exclude them from the appropriate unit. We find that all production and maintenance employees of the Company, including receiving and shipping-room employees, jani- tors, and electrical maintenance employee Burdette, but excluding office, sales, clerical, factory clerical, and supervisory employees, con- ` stitute 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. 'The Trial Examiner stated that 117 cards designating the Union as collective bargain- ing representative had been submitted to him by the Union, that the signatures thereon appear to be genuine original signatures , that 104 cards were dated in 1941, 2 were undated, and the balance were dated in 1940, that the Company submitted its pay roll of March 5, 1941, which contained 219 names, and that of the 117 cards, 95 appeared 'to be signed by persons whose names appeared on this payroll JENSEN RADIO MANUFACTURING COMPANY 651 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 Union asked that eligibility of employees to vote in such election as the Board might order, be determined by the Company's pay roll next preceding the date of the hearing. The Company asked that we follow our usual practice in this connection. We shall use as the date for. determining eligibility of employees to vote the pay-roll period immediately preceding the date of this Direction of Election, subject to such limitations and additions as are set forth in the Direction. 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 Jensen Radio Manufacturing Company, Chicago, Illinois, 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, including receiving and shipping-room employees, janitors, and elec- trical maintenance employee Burdette, but excluding office, sales, clerical, factory clerical, and supervisory 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, 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 Jensen Radio Manufacturing Company, Chicago, Illinois, 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 Thir- 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 all production and maintenance employees 652 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of Jensen Radio Manufacturing Company, Chicago, Illinois, who were employed by the Company during the pay-roll period immedi- ately preceding the date of this Direction, including receiving and shipping-room employees, janitors, electrical maintenance employee I3urdette, and those 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 office, sales, clerical, factory cleri- cal, and supervisory employees, and those who have since quit or been discharged, for cause, to determine whether or not they desire to be represented by United Electrical, Radio & Machine Workers. of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining.