Mitchell Battery Co.

In the Matter of MITCHELL BATTERY COMPANY and UNITED ELEC- TRICAL, RADIO AND MACHINE WORKERS OF AMERICA, LOCAL #1140, AFFILIATED WITH THE C. I. O. Case No. R-2818.-Decided September 5, 1941 Jurisdiction : storage battery manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal of Company to accord recognition to either of rival unions until cer- tified by the Board ; contract no bar to, where Company was notified of both the petitioning union's representation claims and the rival union's desire to change the existing contract prior to date that contract with rival union would automatically-renew itself; election necessary. Unit Appropriate for Collective Bargaining : all production employees including maintenance men, watchmen, working foremen, but excluding supervisory employees, office employees, and salesmen ; agreement as to. Mr. Thomas Vennum and Mr. Lloyd M. MacAloon, of Minneapolis, Minn., for the Company. Helstein and Hall, by Mr. Ralph L. Helsteini, of Minneapolis, Minn., for the United. Goldie and Sigal, by Mr. Samuel I. Sigal, of Minneapolis, Minn., for the I. B. E. W. Mr. Bliss Daffan and Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 19, 1941, United Electrical, Radio and Machine Workers of America, Local #1140, affiliated with the C. I. 0., herein called the United, filed with the Regional Director for the Eighth Region (Minneapolis, Minnesota) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Mitchell Battery Company, Minneapolis, Minnesota, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Laboi Relations Act, 49 Stat. 449, herein called the Act. On July 15, 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 35 N L. R. B, No 43. 198 MITCHELL BATTERY COMPANY 199 National Labor Relations Board Rules and Regulations -Series 2, as amended, ordered an investigation and authorized the Regional Di- rector to conduct it and to provide for an appropriate hearing upon due notice. On July 16, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the United, and upon International Brotherhood of Electrical Workers, Local B-160, Battery Branch, herein called the I. B.,E. W., a labor organ- ization claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on July 25 and 30, 1941, at Minneapolis, Minnesota, before Guy Farmer, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the United, and the I. B. E. W. were represented by coun- sel 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. At the commence- ment of the hearing the Trial Examiner granted a motion of the I. B. E. W. to intervene. During the course of the hearing the Trial Examiner granted motions of the United to amend its petition as to certain formal matters. The Trial Examiner made several rulings on other motions and on objections to the admission of evi- dence. The Board has reviewed all the rulings of the Trial Exam- iner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. On August 15, 1941, the United and the I. B. E. W. filed briefs which the Board has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Mitchell Battery Company is a Minnesota corporation with is prin- cipal place of business at Minneapolis, Minnesota, where it is engaged in the manufacture and sale of storage batteries. During 1940 the Company purchased raw materials valued at approximately $180,000, about 95 per cent of which was shipped to it from points outside the State of Minnesota. During the same period, the Company sold finished, products valued at about $250,000, 70 per cent of which was shipped by it to points outside the State of Minnesota. The Company admits that it is engaged in commerce within the meaning of the Act. II. THE ORGANIZATIONS INVOLVED United Electrical, Radio and Machine Workers of America, Local #1140, is a labor organization affiliated with the Congress of Indus- 200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD trial Organizations, admitting to membership employees of the Company. International Brotherhood of Electrical Workers, Local B-160, Battery Branch, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company and the I. B. E. W. have been parties to exclusive bargaining contracts since 1934. The last agreement between these parties went into effect on July 15, 1940, and was to remain in full force and effect until July 15, 1941, and thereafter, unless written notice should be given by either party thereto within thirty (30) days prior to the annual expiration date. On June 13, 1941, the United, claiming to represent 'a majority of the employees of the Company, requested the Company for a con- ference for the purpose of collective bargaining. On June 14, 1941, the I. B. E. W. notified the Company that it desired to amend its existing contract. The Company advised the United and the I. B. E. W. that because of their respective claims it would not conduct negotiations with either until such time as the Board determines the bargaining representative of the Company's employees. The I. B. E. W. contends that its contract of July 15, 1940, is a bar to a present determination of representatives and urges the dismissal of the petition herein. The United, however, notified the Company of its claim to a majority prior to the date that the contract would automatically renew itself, and further, the I. B. E. W. notified the Company that it desired to change the existing contract. Under these circumstances, we find that the contract between the Company and the I. B. E. W. does not constitute a bar to a present determination of representatives., A statement of the Regional Director introduced in evidence shows that the United represents 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. 'Matter of Tennresee Electric Power Company and International Brotherhood of Elec- trical Workers, 7 N. L. R. B. 24 2 The Regional Director reported that the United presented 25 application -for-member- ship cards bearing the names of persons who appealed on the Company's pay roll of July 25, 1941. There are approximately 50 employees in the alleged appropriate unit. The Regional Director further reported that the I. B. E. W. submitted no evidence of member- ship among the employees of the Company, but submitted its contract with the Company as proof of its interest in this proceeding. MITCHELL BATTEIRY COMPANY IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE 201 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 Company, the United, and the I. B. E. W. agreed at the hearing, and we find, that all production employees of the Company, includ- ing maintenance men, watchmen, and working foremen, but excluding supervisory - employees, office employees, and salesmen, constitute a unit appropriate for the purposes of collective bargaining. We fur- ther find that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bar- gaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OP REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by the holding of an election by secret ballot. The parties agreed at the hearing that employees who had worked 66 days as of the pay-roll period immediately preceding the date of the Direction herein, should be eligible to vote in the election. We shall direct that the employees 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 and who had worked at least 66 days, 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 Mitchell Battery Company, Minneapolis, Minnesota, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production employees of the Company, including main- tenance men, watchmen, and working foremen, but excluding super- visory employees, office employees, and salesmen, constitute a unit 202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as ,,,mended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Mitchell Battery Company, Minneapolis, Minnesota, 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 direc- tion and supervision of the Regional Director for the Eighteenth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Section 9, of said Rules and Regulations, among all production employees of the Company who were employed during the pay-roll period immediately preceding the date of this Direction and who had worked at least 66 days, including maintenance men, watchmen, working foremen, and 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 supervisory employees, office employees, salesmen, and employees who have since, quit or been discharged for cause, to determine whether,they desire to be repre- sented by United Electrical, Radio and Machine Workers of America, Local #1140, affiliated-with the Congress of Industrial Organizations, or by International Brotherhood of Electrical Workers, Local B-160, Battery Branch, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither.