Brightman Nut & Manufacturing Co.

In the Matter of WILLIAM SENN, FRANK SENN, IDA SENN AND LELIA SENN, INDIVIDUALLY,AND AS COPARTNERS, DOING BUSINESS AS BRIGHT- MAN NUT & MANUFACTURING COMPANY and INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA (C. I. 0.) - Case No. R-2370.-Decided March 29, 1941 Jurisdiction : nut manufacturing industry. ' . Investigation and Certification of Representatives : existence of question : refusal to accord union recognition until certified by the Board ; contract terminable on 30 days' written notice by either party thereto, no bar; election necessary. Unit Appropriate for Collective Bargaining : tool-making, and maintenance em- ployees, excluding supervisory and clerical employees ; agreement as to. Mr. Frank Senn and Mr. Wilbert Sehwer, of Sandusky, Ohio, and Mr.' Fred Perkins, of Cleveland, Ohio, for the Company. Mr. Richard E. Reisinger, of Cleveland, Ohio, and Mr. Frank C. Sheepers, of Sandusky, Ohio, for the UAW-CIO. - - Mr. Peter G. Noll, of Norwood, Ohio, for the UAW-AFL. Mr. Louis Cokin, of counsel to the Board. DECISION' AND DIRECTION OF ELECTION STATEMENT OF THE CASE On January 2, 1941, International Union, Automobile Workers of America, (C. I. 0.), herein called the UAW-CIO, filed with the Regional Director for the Eighth Region ( Cleveland , Ohio) a peti- tion alleging that a question affecting commerce had arisen concern- ing the representation of employees of William Senn , Frank Senn, Ida Senn and Lelia Senn , individually and as copartners, doing busi; ness as Brightman Nut & Manufacturing Company, ' Sandusky, Ohio, herein called the Company , and requesting an investigation and cer- tification of representatives pursuant to Section 9,(e) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On Febru- ary 20, 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 Regula- 1 Incorrectly designated in some of the formal papers as Brightman Nut & Manufacturing Company. This was corrected by motion at the hearing. 30 N. L R. B. No. 102. -663 664 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tions-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. - On February 28, 1941, the Regional- Director issued a notice of hearing, copies of which were duly served upon the Company, the UAW-CIO and the United Automobile Workers of America, Local No. 211, affiliated with 'the American Federation of Labor, herein- called the UAW-AFL, a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on March 5, 1941, at Sandusky, Ohio, before Max W. Johnstone, the Trial Examiner duly designated by the Chief Trial Examiner- The Company was represented by counsel, the UAW-CIO and UAW-AFL by their representatives; all partici- pated in the hearing. 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 the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Pursuant to notice duly served upon all the parties, a hearing was held for the purposes of oral argument before the Board on March 18, 1941, in Washington, D. C. The UAW-CIO and the UAW-AFL were represented by counsel and participated in the argument. Upon the entire record in the base, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY - The Company is a partnership consisting of William Senn, Frank Senn, Ida Senn and Lelia Senn operating at plant at Sandusky, Ohio, where it is engaged in the processing and production of standard and special ferrous and non-ferrous semi-finished nuts or internally threaded parts. During 1940 the Company purchased raw materials valued at about $150,000, approximately 20 per cent of which were shipped to it from points outside the State of Ohio. During the same period the Company sold finished products valued at about $500,000, approximately 60 per cent of which represented goods sold by it to points outside the State of Ohio. H. THE ORGANIZATIONS INVOLVED International Union, United Automobile Workers of America, is a labor organization affiliated with the Congress of Industrial Or- ganizations. It admits to membership employees of the Comhaiy. WILLIAM SENN ET AL. 665 United Automobile Workers of America, Local No. 211, is a labor organization affiliated with the American Federation of Labor. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION 'On December 17, 1940, the UAW-CIO claiming to represent a majority of the employees requested the Company to recognize it as the exclusive representative of its employees. On December 24, 1940, the Company replied that it would not grant exclusive recognition to the UAW-CIO until it was certified by the Board. On February 12, 1940, the Company and the UAW-AFL entered into an exclusive bargaining contract, following a consent election re- sulting in a vote of 43 for the UAW-CIO and 52 for the UAW-AFL. The contract provided that it "shall be effective after its execution and ... shall continue in full force from time to time unless and until terminated, modified, or amended." ' It further" provided that "this agreement may be terminated by either party hereto on thirty days notice in writing given by the employees to the Company or given by the Company to the Executive Shop Committee." By its terms the contract provided that employees who are not members of the UAW-AFL shall be laid off before the lay-off of any member of the UAW-AFL, that members of the UAW-AFL shall be given pref- erence in the hiring of employees, and that persons not members of the UAW-AFL shall be hired only when competent members of the UAW- AFL are not available. The UAW-AFL contends that the contract constitutes a bar to a present determination of representatives by the Board. It is apparent by the terms of the contract that it is ter- minable on 30 days' notice of either party thereto., We find that the contract does' not constitute a bar to the present determination of rep- resentatives. A statement of a Field Examiner of the Board, introduced in evi- dence at the hearing, shows that the UAW-CIO and the UAW-AFL each represent a substantial number of employees in the unit alleged by each to be appropriate 2 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 2 The Field Examiner's statement shows that 74 employees whose names appear on the Company's pay roll of January 11, 1941, have 'signed membership application cards in the UAW-CIO. There were approximately 156 employees on the January 11, 1941, pay roll in the alleged appropriate unit. The Field Examiner further reported that under a pref- erential agreement in effect between the Company and the UAW-AFL, all employes are dues-paying members of the UAW-AFL. 666 DECISIONS OF NATIONAL LABOR RELATIONS BOARD described in Section I above, has a close, intimate, and substantial rela- tion 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 Company, the UAW-AFL, and the UAW-CIO agreed at the hearing, and we find, that all production, tool-making, and mainte- nance employees at the Sandusky plant of the Company, excluding supervisory and clerical employees, constitute an appropriate unit for the purposes of collective bargaining.' We find further that- such 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 the representation of em- ployees of the Company can best be resolved by an election by secret ballot. We find that the employees of the Company eligible to vote in the election shall be those employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the additions and limitations set forth in the Direction hereinafter. Upon the basis of the above findings of fact and upon the entire rec- ord 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 William Senn, *Frank Senn, Ida Senn and Lelia Selin, individually and as copartners, doing business as Bright- man Nut & Manufacturing Company, Sandusky, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production, tool-making, and maintenance employees at the Sandusky plant of the Company, excluding supervisory and clerical employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations 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 Relations Act, 8 This is apparently the same unit covered by the ,contract between the UAW-AFL and the Company. WILLIAM SENN ET AL. 667 and pursuant to Article TII, Section 8, of National Labor Relations Board Rules and Regula„.ons-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 William Senn, 'Frank Senn, Ida Senn and Lelia Senn, indi- vidually and as copartners, doing business as Brightman Nut & Manu- facturing Company, Sandusky, Ohio, 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 Eighth 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, tool-making, and maintenance employees at the Sandusky plant of the Company who were employed during the pay-roll period immedi- ately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vaca- tion or absent because called for military service and employees who were then or have since been temporarily laid off, but excluding super- visory and clerical employees and employees who have since quit or been discharged for cause, to determine whether they desire to be rep- resented by International Union,' United 'Automobile Workers of America, affiliated with the Congress of Industrial Organizations, or by United Automobile Workers of America, Local No. 211, affiliated with the American Federation of Labor, for the purpose of collective bargaining, or by-neither.