Continental Products, Inc.

In the Matter of CONTINENTAL PRODUCTS , INC. pnd WAREHOUSE & DISTRIBUTION WORKERS UNION, LOCAL 2-8, AFFILIATED WITH I. L. W. U. (C. I. 0.) Case No. B-3053.-Decided October 30, 1941 Jurisdiction : wholesale mail-order distribution of auto parts. Investigation and Certification of Representatives : existence of question: re- fusal to recognize union until certified by the Board ; contract for period of two years to be extended for another two years unless terminated by either party at least 30 days prior to date of expiration, no bar to, where union made its claim of representation 2 weeks prior to date of expiration,. and other union does not desire to participate in election ; election necessary. Unit Appropriate for Collective Bargaining : all stock, receiving, and shipping clerks, order pickers, checkers, packers, and full-time inside salesmen, excluding supervisory and clerical employees, and truck drivers ; agreement as to. Karlin and Marks, by Mr. Samuel Arthur Karlimi and Mr. Edward Jacobs, of Chicago, Ill., for the Company. Mr. Sam Lissitz, of Chicago, 111, for the I. L. W. U. Mr. Robert R. Hendricks, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On August 20, 1941, Warehouse & Distribution Workers Union, Local 2-8, affiliated with International Longshoremen's and Ware- housemen's Union,. C. I. 0., herein called the I. L. W. U., filed. with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affecting commerce had arisen con- cerning the representation of employees of Continental Products, Inc., Chicago, Illinois, herein called the Company, and requesting an in- vestigation and certification of. representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On September 10, 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_ au- 36 N. L. R. B., No. 110. 527 528 DECISIONS OF NATIONAL LABOR RELATIONS BOARD thorized the Regional Director to conduct it and_ to provide for an appropriate hearing upon due notice. On September 11, 1941, the Regional Director issued a notice of hearing, and, on September 12, 1941, an order continuing, the hearing to a later date, copies of which were duly served upon the Company, the I. L. W. U., and Retail Clerks International Protective Association, Local 164, affiliated with the American Federation of Labor, herein called the R. C. I. P. A., a labor organization affected by the investi- gation.' Pursuant to notice,, a hearing was held on September 24, 1941, at Chicago, Illinois, before Jack G. Evans, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the I. L. W. U. were represented 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 hearing the J. L. W. U. moved to amend the description of the unit alleged as appropriate in its petition to conform with the unit stipu- lated between the parties at the hearing. This motion was' granted by the Trial Examiner. During the course of the hearing, the Trial Examiner made various rulings on motions and on 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 1. THE BUSINESS OF THE COMPANY The Company, an .Illinois corporation with its principal office and place of business in Chicago, Illinois, is engaged in the wholesale mail- order distribution of auto parts, accessories, and other merchandise. Of the products which the Company distributes, approximately 75 per cent are purchased from manufacturers without the State of' Illinois. Approximately 75 per cent of its sales are made to dealers and retailers located outside the State of Illinois. II. THE ORGANIZATIONS INVOLVED Warehouse & Distribution Workers Union, Local 2-8, is a labor organization affiliated with the International Longshoremen's and Warehousemen's Union, C. I. O. It admits to membership employees of the Company. Retail Clerks International Protective Association, Local 164, is a labor organization affiliated with the A. F. of L. and the Chicago I The R. C. I. P. A. did not appear or participate in the hearing. CONTINENTAL PRODUCTS,- INC. 529 Federation of Labor. It, likewise,,adlmitsemployees of the Company to membership. III. THE QUESTION 'CONCERNING REPRESENTATION On September 5, 1939, the'Company entered into an exclusive recog. nition agreement with the R. C. I. P. A. Under its terms, 't'he agree- ment was to run for a period of two years and, in the absence of a specific request for alteration by either party not later than thirty clays prior to its expiration, the agreement was 'to be -automatically extended for another two years. ' On August'20, 1941, two weeks "prior to the expiration date of the contract, the I. L. W. U. filed its petition herein and, at the same time, notified the Company that it claimed to represent a majority of its employees in an appropriate unit and-re- quested recognition as exclusive representative of all the employees in such unit. The Company informed the I. L. W. U. of its contract with the R. C. I. P. A.'; expressed doubt whether, in view of such con- tract, it was in a position to recognize the I. L. W. U.; and refused to recognize the I. L. W. U. until such time as it should Abe certified by the Board. As noted above, the R. C. I. P. A. did not appear or participate. in ,the hearing. In a letter' addressed to -the Trial Examiner herein, which was received in evidence, the R. C. I. P. A. stated that "it does -not wisli to participate in the election now being conducted by the National'Labor Relations Board." _ Under the circumstances, we find ,that the "agreement constitutes no bar to a present determination of representatives. A statement of the Regional Director introduced into evidence at .the hearing discloses that the I. L. W. U. represents a substantial number of employees in the unit alleged as appropriate.,2 We find that a question has arisen concerning the representation of employees 'of the Company. . 1V. 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. 2 The Regional Director reported that the I. L. W. U. submitted 76 applications for membership, 73 of which were dated August 1941, 2 dated July 1941, and 1 bearing no date ; that the signatures appeared to be genuine; and that 63 of said signatures appeared to'ibe those of employees on the pay-roll of the Company for the period ending August 30, 1941. It was stipulated between the parties at the hearing that there are 83 employees in the alleged appropriate unit. 433118-42-vol. 36--35 , 530 DECISIONS OF NATIONAL LABOR RELATIONS BOARD V. THE APPROPRIATE UNIT The Company and the I. L. W. U. agreed at the hearing, and we find, that all stock, receiving, and shipping clerks, order pickers, checkers, packers, and full-time inside salesmen, excluding supervisory and clerical employees and truck drivers, constitute a unit appropriate for the purposes of collective bargaining. We also find 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 will effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by the holding. of an election by secret ballot. In view of the R. C. I. P. A.'s announcement that it does not wish to participate in the election, we shall not provide a place for it on the ballot. The I. L. W. U. requested that eligibility to vote in any election which might be directed should be determined on the basis of the pay roll for the period ending September 22, 1941, due to the fact that later payrolls will include a number of temporary seasonal (Christmas rush) employees. At the hearing, however, an employee of the Com= pany testified that, during the past year, these temporary employees- numbering from 15 to 20 persons-were taken on during the period between. November 1 and January 1. Since the pay-roll date for the period immediately preceding the Direction of Election herein will fall prior to November 1, the earliest date likely to reflect the increased temporary personnel , we shall follow our usual - practice and direct that the employees of the Company eligible to vote in the election shall be those in the appropriate unit who were employed 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. 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 Continental Products, Inc., Chicago, Illinois, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All stock, receiving, and shipping clerks, order pickers, checkers, packers, and full-time inside salesmen employed by _the Company, but excluding supervisory and clerical employees and truck drivers, CONTINENTAL PRODUCTS, INC. 531 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 Continental Products, Iris., 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 of Election, under the direction and supervision of the Regional Director for the Thirteenth Region, acting in this matter as agent for the_National Labor Relations Board, and subject to Article III, Section 9; of said Rules and Regula- tions, among all stock, receiving, and shipping clerks, order pickers, checkers, packers, and full'-time inside salesmen of Continental Prod- ucts, Inc., Chicago, Illinois, who were--employed during the pay-roll period immediately 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 supervisory and clerical employees and truck drivers, and those employees who ,have since quit or been discharged for cause,, to determine whether or not they desire to be represented by Warehouse & Distribution Workers Union Local 2-8, affiliated with the International Long- shoremen's and Warehousemen's Union, C. I. 0., for the.purposes of collective bargaining. MR. GERARD D. REiLLY took no part in the consideration of the above Decision and Direction of Election.