Leviton Manufacturing Co., Inc.

In the Matter of LEVITON MANUFACTURING CO., INC., and INTERNA- TIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION No. 3, AFFILIATED WITH AMERICAN FEDERATION OF LABOR Case No. B-0707.-Decided July 17,1941 Jurisdiction : electrical appliance industry. Investigation and Certification of Representatives : existence of question: Com- pany refused to accord union recognition because it did not believe that union represented majority; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees at one of the Company's plants, excluding salesmen, clerical employees and supervisory employees of rank of working foremen or higher. Mr. Max Winograd, of Providence, R. I., for the Company. Mr. John J. Kapp and Mr. John T. Kelly, of Hillsgrove, R. I., for the Union. Mr. Charles W. Schneider, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On May 6, 1941, International Brotherhood of Electrical Workers, Local Union No. 3, affiliated with the American Federation of Labor, herein called the Union, filed with the Regional Director for the First Region (Boston, Massachusetts) a petition, and on June 10, 1941, an amended petition, alleging that a question affecting commerce had arisen concerning the representation of employees of Leviton Manu- facturing Co., Inc., Hillsgrove, Rhode Island, herein called the Com- pany, and requesting an investigation and certification of represent- atives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On June 23, 1941, the Na- tional Labor Relations Board, herein called the Board, acting pur- suant 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 con- duct it and to provide for an appropriate hearing upon due notice. On June 27, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. 33 N. L. R. B., No. 98. 505 506 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Pursuant to notice, a hearing was held on July 7, 1941, at Apponaug, Rhode Island, before Albert J. Hoban, the Trial Examiner duly desig- nated by the Chief Trial Examiner. The Company and the Union were represented by counsel and participated 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 iulings 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 I. THE BUSINESS OF THE COMPANY Leviton Manufacturing Co., Inc., is a New York corporation engaged in the manufacture, sale, and distribution of electrical devices and appliances. In the conduct of its business it operates two plants, one at Brooklyn, New York, and one at Hillsgrove, Rhode-Island. Only the Hillsgrove plant is involved in this case. Since the establishment of the Hillsgrove plant in about September 1940, the Company has there used raw materials valued in excess of $50,000, more than 50 per cent of which were shipped to the Hillsgrove plant from points outside the State of Rhode Island. During the same period the Company manufactured, sold, and distributed from the Hillsgrove plant finished products valued in excess of $50,000, more than 50 per cent of which were shipped to points outside the State of Rhode Island. H. THE ORGANIZATION INVOLVED International Brotherhood of Electrical Workers, Local Union No. 3, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. M. THE QUESTION CONCERNING REPRESENTATION About March 31, 1941, the Union requested the Company to recog- nize it as statutory representative of the Company's employees at the Hillsgrove plant. The Company stated at the hearing that it does not believe that the Union represents a majority of the Hillsgrove employees or is authorized to bargain for them. A report of the Re- gional Director submitted into evidence shows that the Union repre- LEVITON MANUFACTURING CO., INC. , 507 sents a substantial number of employees in the alleged appropriate unit., 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 tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. ' V. THE APPROPRIATE UNIT The Union requests an appropriate unit composed of all the produc- tion and maintenance employees of the Company's Hillsgrove plant, excluding salesmen, clerical employees, and supervisory employees of the rank of working foremen or higher. The Company declined to state its position regarding the appropriate unit. We find that all production and maintenance, employees of the Hillsgrove plant of the Company, excluding salesmen, clerical em- ployees, and supervisory employees of the rank of working foremen or higher, constitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to the 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 which has arisen concerning the repre- sentation of employees of the Company can best be resolved by an election by secret ballot. In accordance with our usual practice we shall direct that the employees of the Company eligible to vote in the election shall be those in the appropriate unit employed by the Company during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to such limitations and additions as are set forth in the Direction hereinafter. 1 The Regional Director reported that the Union submitted to him 194 application cards bearing apparently genuine original signatures ; 159 of which are the names of persons on the Company's June 3, 1941 , pay roll , which lists 362 employees One card was undated. The remainder were variously dated from February to June 1941 . At the hearing the Union submitted to the Trial Examiner 39 additional application cards dated from June 10 to July 2, 1941 ; 37 bearing, signatures of persons whose names were on the Company's pay roll. 508 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Leviton Manufacturing Co., Inc., Hills- grove, Rhode Island, within the meaning of Section 9 (c) and Sec- tion 2 (6) and (7) of the Act. 2. All production and maintenance employees at the Hillsgrove plant of the Company, excluding salesmen, clerical employees, and supervisory employees of the rank of working foremen or higher, con- stitute 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 Re- lations 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 Leviton Manufacturing Co., Inc., Hillsgrovy, Rhode Island, 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 Elec- tion, under the direction and supervision of the Regional Director for the First 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 em- ployees of Leviton Manufacturing Co., Inc., Hillsgrove, Rhode Is- land, who were employed by it 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 vacation or in the active military service or training of the United States, or temporarily laid off, but excluding salesmen, clerical em- ployees, and supervisory employees of the rank of working foremen or higher, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Brotherhood of Electrical Workers, Local Union No. 3, affiliated with the American Federation of Labor, for the purposes of collective bargaining.