Peerless Novelty Co.

In the Matter Of PEERLESS NOVELTY COMPANY and INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, LOCAL 731, AFFILIATED WITH THE A. F. L. Case No. R-3301.Decided November 15. 1941 Jurisdiction : sun visors and novelties manufacturing, selling, and distributing industry - Investigation and Certification of Representatives : existence of question: re- fusal to recognize the union as the exclusive representative of its employees until and unless the Board certifies it as such representative; election necessary. Unit Appropriate for Collective Bargaining : all hourly and piece-rated em- ployees, watchmen, firemen, maintenance men, and inspectors, excluding time- keepers, office employees, all foremen and assistant foremen, supervisory em- ployees above the rank of assistant foreman, employees having the right to hire and fire, and engineers Mr. Leo C. Lillie, of Grand Haven, Mich., for the Company. Mr. Edward T. Donahue, of Spring Lake, Mich., for the Union. Mr. George A. Koplow, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On September 6, 1941, International Union, United Automobile Workers of America, Local 731, affiliated with the A. F. L., herein called the Union, filed with the Regional Director for the Seventh Region (Detroit, Michigan) a petition alleging that a question affect- ing commerce had arisen concerning the representation of employees of Peerless Novelty Company, Grand Haven, Michigan, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Re- lations Act, 49 Stat. 449, herein called the Act. On October 28, 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 Di 37 N. L R. B., No 102 622 PEERLESS NOVELTY COMPANY 623 rector to conduct it and to provide for an appropriate hearing upon due notice. On November 6, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to notice, a hearing was held on November 18, 1941, at Grand Haven, Michigan, before Harry N. Casselman, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the Union were represented by counsel and 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 regarding the admission of exhibits. The Board has reviewed these rulings 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 Peerless, Novelty Company,, a Michigan corporation with its prin- cipal plant and office at Grand Haven, Michigan, is engaged in the manufacture, sale, and distribution of sun visors. and a variety of novelties. In the manufacture of its products, during 1940 the Com- pany used a variety of raw materials, amounting in value to approxi- mately $150,000, of which approximately 90 per cent were shipped to the plant from points outside the State of Michigan. During 1940 the total value of finished products of the Company was approxi- mately $300,000; of which approximately 90 per cent were shipped to points outside the State of Michigan. The Company admits that it is engaged in commerce within the meaning of Section 2 (6) and (7) of the Act. II. THE ORGANIZATION INVOLVED International Union, United Automobile Workers' of America, Local 731, affiliated with the American Federation of Labor, is a labor organization admitting to its membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive repre- sentative of its employees until and unless the Board certifies it as such representative. There was introduced into evidence a statement of the Regional Director showing that the Union represents a substantial number of 624 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 nl.Pl E.RNTA'I ION 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 Company and'the Union stipulated and we find that all hourly and piece rated employees, watchmen, firemen, maintenance men, anal inspectors at the Company's plant at Grand Haven, Michigan, ex- cluding timekeepers, office employees, all foremen and assistant fore- men, supervisory employees above the rank of assistant foreman, all employees having the power to hire and fire, and engineers, constitute a unit appropriate for the purposes of collective bargaining. We further 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 an election by secret ballot. The parties request that for the purpose of determining eligibility to vote in an election, the Board use the pay-roll date of September 5, 1911, which was the pay-roll date last preceding the filing of the petition, but expressed no reason for this preference. We see no reason for departing from our usual practice, and shall therefore direct that those eligible to vote in the election shall be the employees in the appropriate unit who were employed by the Company during the pay-roll period immediately preceding the date of our Direction of Election, subject to the limitations and additions set forth in the Direction. 1 The Regional Director stated that the Union had submitted to him 94 official applica- tions for membership cards, of which 84 were dated in August 1941 and 10 in September 1941 Seventy-five of the 94 cards bore apparently genuine original signatures of persons within the unit claimed by the Union as appropriate , whose names were on the October 16, 1941 , pay roll of the Company , There are approximately 100 to 129 employees in the unit hereinafter found to be appropriate. PEERLESS NOVELTY COMPANY 625 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 donserce.has arisen concerning the repre- -sentation of employees of Peerless Novelty Company, Grand Haven, Michigan, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All hourly and piece=rated employees, watchmen, firemen, main- tenance men, and inspectors at the Company's plant at Grand Haven, Michigan, excluding timekeepers, office employees, all foremen and assistant foremen, supervisory 'employees above the rank of assistant foreman, employees having the power to hire and fire, and engineers, 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 DIREcrED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Peerless Novelty Company, Grand Haven, Michigan, 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 Seventh 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 hourly and piece-'rated employees, watchmen, firemen, maintenance men, and inspectors at the Com- pany's plant'at Grand Haven, Michigan, who were employed during the pay-roll period immediately preceding the, date of this Direction, including employees who did not work during said 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 timekeepers, office employees, all foremen and assistant foremen, supervisory employees above the rank of assistant foreman, all em- ployees having the power to hire and fire, engineers, and those who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International 'Union, United Automobile Workers of America, Local 731, affiliated with the A. F. L., for the purposes of collective bargaining.