The Adams & Westlake Co.

In the Matter of THE ADAMS & WESTLAKE COMPANY and UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, C. I. O. Case No. R-3299.-Decided December 22, 1941 Jurisdiction : railroad equipment manufacturing industry. Practice and Procedure : petition dismissed where showing by petitioning union is insufficient to raise a question concerning representation. Mr. Verve G. Cawley, of Elkhart, Ind., for the Company. Mr. Mose' Kucela, of Mishawaka, Ind., for the United. Mr. Thomas V. Hap per, of Elkhart, Ind., for the Association. Mr. H. 0. Denman-, of Elkhart, Ind., for the I. A. M. Mr. Louis Cokiim, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On October 1, 1941, United Automobile, Aircraft and Agricultural Implement Workers of America, C. I. 0., herein called the United, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of The Adams & Westlake Company, Elkhart, Indiana, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On November 4, 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 Director 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, the United, and upon Adlake Employees Association, herein called the 37 N. L. R. B., No. 137. 829 830 DECISIONS OF NATIONAL ` LABOR RELATIONS BOARD Association, and International Association of Machinists, herein called the I. A. M., labor organizations claiming to represent em- ployees directly affected by the investigation. Pursuant to notice, a hearing was held on November 14, 1941, at Elkhart, Indiana, before Stephen M. Reynolds, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the United, the Association, and the I. A. M. were represented and participated in the hearing. Full opportunity to be heard, to examine and cross-examine wit- nesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed these rulings and finds that no prejudicial errors were committed. The rulings are hereby affirmed. On December 1 and 8, 1941, the Company, the Association, and the United filed briefs which the Board has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF, TIHE COMPANY The Adams & Westlake Company is an Illinois corporation with its principal offices and plant at Elkhart, Indiana, where it is engaged in the manufacture of railroad and other transportation equipment specialties. During its fiscal year ending June 30, 1941, the Company purchased approximately $1,318,000 worth of raw materials, about 90 per cent of which was shipped to it from points outside the State of Indiana. During the same period the Company sold finished prod- ucts valued at approximately $2,766,000, about 90 per cent of which was shipped,by it to points outside the State of Indiana. IT. THE ORGANIZATIONS INVOLVED United Automobile, Aircraft and Agricultural Implement Workers of America is a labor organization affiliated with the Congress of Industrial Organizations. It admits to membership employees of the Company. Adlake Employees Association is an unaffiliated labor organization admitting to membership employees of the Company. International Association of Machinists is a labor organization affiliated with the American Federation of Labor. It admits to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On October 14, 1940, after a check of the Association's membership cards with a pay roll of the Company, conducted by a disinterested THE ADAMS & WESTLAKE COMPANY 831 third person, which showed that the Association represented a major- ity of the employees, the Company recognized the Association as the exclusive representative of its employees for a period of one year.,. Thereafter the Company and the Association met many times to dis- cuss wages, hours of employment, and grievances. At the close of each of these meetings, the representatives of the Company and the Association affixed their signatures to the minutes of the meetings. On September 20, 1941, the Association requested the Company to recognize it as the exclusive representative of its employees for a period of one year from the date of its existing recognition which expired on October 14, 1941. Thereafter the Company and the Association agreed upon a disinterested third person to check the dues records of the Association with a pay roll of the Company. The disinterested party issued a statement following his check showing that the Asso- ciation had as paid-up members 276 of the 437 employees on the Sep- tember 26,1941, payroll of the Company. On September 29,1941, the Company recognized the Association as the exclusive representative of its employees for a period of one year beginning October 14,,1941. On September 30,1941, the United requested the Company to recog- nize it as the exclusive representative of its employees. The Company denied this request stating that it had already recognized the Associa- tion as such representative. On October 21, 1941, the Company and the Association entered into a one-year exclusive bargaining contract. The Association and the Company contend that the recognition of the Association on Septem- ber 29, 1941, and the subsequent contract constitute a bar to the present determination of representatives and urge the dismissal of the petition herein. The I. A. M. did not at any time request the Company to recognize it as exclusive representative of its employees. A statement of the Regional Director, introduced in evidence at the hearing, shows that the United presented 103 membership-applica- tion cards to him bearing the signatures of persons whose names appear on the Company's pay roll of September 26, 1941. At the hearing, the United presented an additional 10 application cards to the Trial Examiner. The'Regional Director also reported that the I. A. M. presented 36 membership-application cards bearing the signatures of persons whose names appear on the September 26, 1941, pay roll. At the hearing, the Association presented 414 membership- application cards to the Trial Examiner bearing the signatures of persons whose names appear on the Company's pay roll of September 26, 1941. There are 437 employees on this pay-roll in the alleged appropriate unit. We do not find, as urged by the Company and the ' The Association had as members at that time 201 employees of the Company. 832 DECISIONS OF 'NATIONAL LABOR RELATIONS BOARD Association, that either the recognition accorded the Association on September 29, 1941, or the contract of October 21, 1941, executed after the petition was filed, constitute a bar to an investigation of representatives. However, the representation showings of the United and the I. A. M. are comparatively small. The showing of the United does not bear out its claim that on September 30, 1941, it represented a majority of the employees in an appropriate unit. On the other hand, the Association has been exclusive bargaining agent of the employees at all times material herein. It had proved its majority and obtained recognition for another year prior to the claim of any other organization for recognition. Under the dircumstances, we are of the opinion, and find, that no question has arisen concern- ing the representation of employees of the Company. We shall, therefore, dismiss the petition of the United. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : - CONCLUSION OF LAW No question concerning the representation of employees of The Adams & Westlake Company, Elkhart, Indiana, has arisen within the meaning of Section 9 (c) of the National Labor Relations Act. ORDER Upon the basis of the above findings of fact and conclusion of law, the National Labor Relations Board hereby orders that the petition for investigation, and certification of representatives of em- ployees of The Adams & Westlake Company, Elkhart, Indiana, filed by United Automobile, Aircraft and Agricultural Implement Work- ers of America, C. I. O., be, and it hereby is, dismissed. Mn. GERARD D. REILLY took no part in the consideration of the above Decision and Order.