Viking Refrigerators, Inc.

In the Matter Of VIKING REFRIGERATORS, INC. and CARPENTERS' DIs- TRICT COUNCIL, AFFILIATED WITH 7{HE UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFFILIATED WITH THE AMERI- CAN FEDERATION OF LABOR Case No. R-3034.-Decided October 01, 1941 Jurisdiction : refrigerator manufacturing industry. Investigation and Certification of Representatives : existence of question: agreement as to ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees excluding the superintendent, foremen, and office employees. Mr. George I. Winger, of Kansas City, Mo.; for the Company. Mr. Vernon Malott and Mr. J. 0. Mack, of Kansas City, Mo., for the Council. Mr. Walter Love and Mr. Harold Edwards, of Kansas City, Mo., for the S. W. O. C. Mr. Marvin C. Wahl, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On or about August 11, 1941, Carpenters' District Council, affiliated with the United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, herein called the Council, filed, with the Regional Director for the Seventeenth Region (Kansas City, Missouri) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Viking Refrigerators, Inc., Kansas City, Missouri, herein called the Company, and requesting an investigation and certification of repre- sentatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stai. 449, herein called the Act. On August 30, 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 36 N. L. R. B., No. 55. 313 314 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Director to conduct it and to provide for an appropriate hearing upon due notice. On September 13, 1941, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the Council, and the Steel Workers Organizing Committee, affiliated with the C. I. 0., herein called the S. W. O. C., ,a -labor organization claiming to represent employees directly affected by the investigation. Pur- suant to notice, a hearing was held on September 22, 1941, at Kansas City, Missouri, before Paul Nachtman, the Trial Examiner duly des- ignated by the Chief Trial Examiner. The Company was represented by counsel and the Council and the S. W. O. C. by their respective representatives; all parties participated in the hearing. Full oppor- tunity 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 various rulings with respect to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were made. 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 Viking Refrigerators, Inc., a Missouri corporation, is engaged in the manufacture, sale, and distribution of commercial refrigerators at Kansas City, Missouri. Approximately 90 per cent of the raw materials used by the Company in its operations are purchased and shipped to the Company from States other than the State of Missouri. Approximately 80 per cent of the Company's finished products are shipped to points outside the State of Missouri. The Company admits that it is engaged in commerce within the meaning of the Act. II. THE ORGANIZATIONS INVOLVED Carpenters' District Council, affiliated with the United Brotherhood of Carpenters and Joiners of America, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. Steel Workers Organizing Committee is a labor organization affil- iated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION At the hearing, the parties agreed that a question concerning rep- resentation has arisen by reason of the Company's refusal to negotiate VIKING . REFRIGE'RATORS, INC. 315 with either of the, labor organizations herein involved until. one of them is certified by the Board. There was introduced in evidence a statement prepared by a Field Examiner of the Board from which it appears that the Council and the S. W. O. C., respectively, have substantial representation among the'employees of the Company in the unit hereinafter found to be appropriate. 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 Council contends ' that all production and maintenance em- ployees, including foremen, but excluding the superintendent and office employees, constitute an appropriate unit. The S. W. O. C. agrees with this contention, except that it desires to exclude the foremen. There are two employees who come within the classification of fore- men. The Company does not take any position as to what constitutes an appropriate unit. One of the two foremen involved is in charge of the metal shop and has seven or eight men in his department who are under his super- vision. The other foreman is in charge of the woodworking shop and has from three to six men in his department who are under his super- vision. Both foremen have the power to hire and discharge. Each of them spends only from 10 to 20 per cent of his time in actual produc- tion work. Since their duties are primarily supervisory in nature and their interests more closely aligned with those of management than with the production and maintenance employees, we shall exclude the foremen from the appropriate unit. i The statement 'shows that the Council submitted 25 membership application cards, all of which were dated August 7, 1941 , and bore signatures which appeared to be genuine. Twenty-four of the signatures corresponded with names appearing on the ,Company's August 11 , 1941 , pay roll . The C . I. O. submitted 27 membership application cards, 26 of which appeared to bear genuine original signatures . Twenty-five of the cards were dated between July 22 and 28, 1941 , 1 was dated July 22 , no year being indicated, and 1 was undated . Twenty-five of the apparently genuine signatures corresponded to names appearing on the Company ' s August 11, 1941, pay roll . At the date of the hearing the Company was employing 44 persons. 316 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that all production and maintenance employees of the Company, excluding the superintendent, foremen, and office em- ployees, constitute a unit appropriate for the purposes of collective bargaining, and that such unit will insure to employees of the Com- pany the full benefit of their right to self-organization and to collec- tive 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 those eligible to vote in the election shall be the em-' ployees within the appropriate unit who were employed by the com- pany during the pay-roll period immediately preceding the date of the Direction of Election, subject to such limitations and additions as are set forth in the Direction. On 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 Viking Refrigerators, Inc., Kansas City, Missouri, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company, ex- cluding the superintendent, foremen, and office 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 Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Reg'ulatidns-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 Viking Refrigerators, Inc., Kansas City, Missouri, an election by secret ballot shall be conducted as soon 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 Seven- teenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules VIKING REFRIGERATORS, INC. 317 and Regulations, among all production and maintenance employees of the Company who were employed by the Company during the pay- roll period immediately preceding the date of this Direction of Elec- tion, 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 the superintendent, foremen, office employees, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Carpenters' District Council, affiliated with the United Brotherhood of Carpenters and Joiners of America, affiliated with the American Federation of Labor, or by Steel Workers: Organizing Committee, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither. MR. GERARD D. REna.Y took no part in the consideration of the above Decision and Direction of Election.