Waterman-Waterbury Co.

In the Matter of I'VATERMAN -WATERBURI COMPANY and UNITED ELECTRICAL, RADIO &, MACHINIJ WORKERS OF AMERICA, LOCAL 1140, C.I.O. In the Matter of WATER'MIAN-WATERBURY COMPANY and MOTOR TRANS- PORT & ALLIED WORKERS INDUSTRIAL UNION, LOCAL. 544, C. I. O. Cases Nos. R-3334 and R-335, respectively.-Decided January 16, 1942 Jurisdiction : heating and toilet equipment manufacturing industry. Investigation and Certification of Representatives : existence of question re- fusal to accord unions reTogmthon until cmtilled by the Board; conflicting claims of rival representatives. contracts, about to expire, no bar to; prior certification of rival repi esenta five by State Labor Concihatoi lccld 110 bat to present proceeding, where no election was held, where the Company did not receive formal notice of 'the hearing by the Conciliator, and -here the prior certification is not specifically urged as it bar, organization which appeals to have disbanded given leave to have its name placed on ballot in view of existing contract which it has with the Company granting it exclusive recognition ; election necessary Unit Appropriate for Collective Bargaining : separate units comprising: (1) all employees in the slipping departnicnt of the Company, including receiving clerks and truck drivers and helpers; (2) all production employees including the janitor, but excluding persons employed in managerial caleicities, clef ical workers, and those having the right to hire or discharge Mr. Sarn. J. Levi,;by Mr Jerome A. T,eeivson, of Minneapolis, Minn., for the Company. Messrs. TJelstein & Hall, by Mr. Ralph Hei. fc,,,c, of Minneapolis, Minn., for the United. Mr. Walter Hagstrorn, of Minneapalis, Minn., for the Motor Transport. Messrs. Nichols, Mullen d Farnard, by Mr. P. L. Farnard, and Mr. Thorn,ris 0. Kachelin aches, and Mr- L. Clair Johnson, all of Minneapolis, Mum., for the Warehouse Employees and the Drivers. Mr. Sidney C. Becker and Mr. George Bock, of Minneapolis, Minn., for the Association. Mrs. Platonia P. Kaldes, of counsel to the Board. 38 N. L. R. B, No. 69. 330 WATERMAN-WATERBURY COMPANY DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE 331 On October 3 and 10, 1941, respectively, United Electrical, Radio & Machine Workers of America, Local 1140,- affiliated with the C. I. 0., herein called the United,' and Motor Transport & Allied Workers Industrial Union, Local 544, affiliated with the C. I. 0., herein called the Transport Workers, filed with the Regional Di- rector for the Eighteenth Region (Minneapolis, Minnesota) petitions each alleging that a question affecting commerce had arisen concern- ing the representation of employees of the Waterman-Waterbury Company, Minneapolis, Minnesota, herein called the Company, and requesting an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On` November 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 said Rules and Regulation, directed an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon clue notice and, acting pursuant to Article III, Section 10 (c) (2), of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered that the cases be consolidated for the purposes of hearing. Pursuant to notice duly served upon the Company, the United, the Transport Workers, the Warehouse Employees Union Local 359, affiliated with the Teamsters; Chauffeurs Joint Council No. 32, which in turn is affiliated with the A. F. of L., herein called the Warehouse Employees, the General Drivers' and Helpers' Union Local 544, affili- ated with the Teamsters, Chauffeurs Joint Council No. 32, which in turn is affiliated with the A. F. of L., herein called the Drivers, and the Waterman-Waterbury Shop Employees Association, herein called the Association, the latter three being labor organizations claiming to represent or having claimed to represent employees directly af- fected by the investigation, a hearing was held in Minneapolis, Min- nesota, before Henry W. Lehmann, the Trial Examiner duly desig hated by the Chief Trial Examiner. The Company, the United, the Transport Workers, the Warehouse Employees, and the Drivers, were represented and participated in the hearing., Full opportunity to be heard, to examine and cross-examine witnesses, and, to intro- 'The Association was also represented at the hearing by one of its officers who stated that the Association had been disbanded 332 DECISIONS OF NATIONAL LABOR RELATIONS BOARD duce 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 the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. On December 6, 1941, the Warehouse Employees and the Drivers filed a brief which the Board has duly considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Waterman-Waterbury Company is a Minnesota corporation having its principal office in Minneapolis, Minnesota. It is engaged in the design, manufacture, sale, and distribution of warm-air furnaces and appurtenances, schoolroom heaters, and chemical and septic toilets. The Company employs approximately 75 persons. During 1940, the Company purchased raw materials and supplies valued at approximately $370,000 of which approximately 80 percent was pur- chased from sources outside the State of Minnesota. During the same period, the total value of products sold by the Company was approximately, $730,000, of which approximately 43 percent rep- resented sales to customers outside the State of Minnesota, and approximately 27 percent represented sales to the United States Government. II. THE ORGANIZATIONS INVOLVED United Electrical, Radio & Machine Workers of America, Local 1140, and Motor Transport & Allied Workers Industrial Union, Local 544, are labor organizations affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. The Warehouse Employees Union Local No. 359 and General Drivers & Helpers Union Local 544, both of which are affiliated with the Teamsters, Chauffeurs Joint Council No. 32, are labor organiza- tions affiliated with the American Federation of Labor, admitting to membership employees of the Company. - The Waterman-Waterbury Shop Employees' Association was an unaffiliated labor organization admitting to membership employees of the Company= III. THE QUESTION CONCERNING REPRESENTATION The United and the Transport Workers both requested . the Com- pany to recognize them as the representatives of the production 2 As noted previously, it appears that the Association has recently disbanded. WAT1RMAN-WATERBURY COMPANY 333 employees and the shipping employees respectively. Ina letter dated September 30, 1941, the Company stated that it was willing to recog- nize them providing its contract with the Association for the pro- duction employees and its contract with the Drivers for the shipping employees were both continued in effect until they had terminated. At the hearing the Company contended that these contracts should constitute a bar to a present determination of representatives. Both contracts will expire under their terms on February 1, 1942. In view of the fact that the contracts are about to expire, we do not consider that they are a bar to a present determination of representatives.3 On Sepember 18, 1941, the Minnesota labor Conciliator certified the Drivers as the exclusive representative of the employees of the Company-as well as for the employees of some 900 companies in the City of Minneapolis. The Drivers now urges this certification as a bar to a present determination of represeutatives.4 The Transport Workers participated in the proceeding before the Minnesota Labor Conciliator as a rival organization to the Drivers. .It does not appear that an election was held to determine which representative was desired by the employees., The Company's vice president stated at the hearing before the Board that the Company had not received formal notice of the hearing before the Minnesota Labor Conciliator. He alleged that it had obtained knowledge of the proceedings through accounts published in the local newspapers. We do not believe that this certification constitutes a bar to a present determination of representatives. There were introduced into evidence statements of the Regional Director of the Board and the Trial Examiner showing that the United and the Warehouse Employees each represent a substantial number'.of employees of the Company in the unit which they claim as appropriate,' and that the Transport Workers and, the Drivers 33fatter of Kopperc Conapannl and United Mine Workers of America, Gas and By-Pro- ducts Coke Workers, Davtrict No .70, 31 N. L R B , No 155; Matter of Fada Radio and Electric Company, Inc. and Local 1µ4O of the United Electrical , Radio and Machine Workers of America, C 1. O, 29 N L. R B. 191 4 At the hearing, the Drivers stated that it was offering the certification of the Minne- sota Labor Conciliator "not in the sense that the Board is necessarily bound by the units of the bargaining agencies set forth in that certification , but in the sense that in deter- mining what are the appropriate bargaining agents under the National Labor Relations Act in this particular plant , it should be cognizant of the certification of the State Labor Conciliator in this community " The certification was not then specifically urged as a bar to this proceeding r The statement of the Regional Director showed that the United submitted to him 26 membership cards and that the names of 24 of the 26 signers appeared on the pay roll of the Company for October 29, 1941 , which listed 37 employees in the alleged appropriate unit Of these 26 cards, 2 were dated August 1941, and 24 were dated September 1941 During the course of the hearing the waichouse Employees submitted to the Trial Ex, aminer 12 "authorization of representation " cards , 8 of which were dated November 1941, and 4 of which were undated . The Trial Examiner stated that all 12 names of signers appeared on the above-mentioned pay roll 334 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD each represent a substantial number of employees of the Company in the unit which they claim as appropriate." We find that questions have arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON COMMERCE We find that the questions concerning representation which have arisen, occurring in connection with the operations of the Company described in Section I above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tend to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. v. THE APPROPRIATE UNITS The parties stipulated that (1) all employees in the shipping de- partment of the Company, including receiving clerks' and truck drivers and helpers, constitute a unit appropriate for the purposes of collective bargaining and that' (2) all production employees, in-' cluding the janitor, but excluding shipping-room employees, receiv- ing clerks, truck drivers and helpers, persons employed in managerial capacities, clerical workers, and those having the right to hire or discharge, constitute another unit appropriate for the purposes of collective bargaining.? The United and the Warehouse Employees disagree, however, as to whether five, "working foremen" and a part- time janitor, who is the janitor's son, should be included or eA- eluded from the unit of production employees. The Warehouse Employees would include the "working foremen" and the janitor's son, while the United would exclude them; the Company takes no position. The "working foremen" have all been included in past col- lective bargaining agreements between the Company and the Asso- ciation. They appear to have no right to hire or discharge employees. They work almost entirely in production although they spend some time in "parcelling-out" work.8 Inasmuch as they have been in- cluded in previous collective bargaining agreements and spend the , The Regional Directoi s statement shoves that the Transport workers submitted to line 15 membership cards and that the names of 11 of the 15 iseie on the Compaimv's pap roll for October 29, 1941, which contained the names of 11 persons in the alleged appiopuate unit Of the 15 cards submitted, 1 3 were dated August 1941 and 2 were undated The Drivers submitted to the Trial Examiner 14 "authorization of representation" cards, 7 of which were dated November 1941 and 7 were undated These cards contained the signatures of 13 persons whose names appeased on the above-mentioned pav roil 7 The parties stated at the hearing- that the production employees include employees ni the welding, sheet-metal, and mounting departmeiita, and in the machine and paint shops 9 One of these five "working foremen ' acts as an assistant to the plant superintendent. WATERMAN-WATERBURY COMPANY 335 major portion of their time in production' work, we will include then in the unit. The record indicated that the janitor's son is a regular part-time employee who assists his father in general maintenance work. Inasmuch as his interests lire closely allied to those of the janitor, whom the parties would include in the unit , and since he is a regular part-time employee, we will include him in the unit. We find that (1) all employees in the shipping department of the Company, including receiving clerks and truck drivers and helpers constitute a unit appropriate for the purposes of collective bargaining and that (2) all production employees, including the janitor and the part-time janitor, but excluding shipping -room em- ployees, receiving clerks, truck drivers and helpers, persons employed in managerial capacities , clerical workers , and those having the right to hire or discharge constitute another unit appropriate for the purposes of collective bargaining . We further find that such units 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 . questions which have arisen can best be resolved by elections by secret ballot. As noted previously, the Association appears to have disbanded. However, in view of the fact that-it has an existing contract with the Company which grants , to it exclusive recognition as the sole bargaining representative for the employees in the production unit hereinabove found to be appropriate, we hereby grant leave to the Association to have its name placed on the ballot for the production unit by filing a written application to that effect with the Regional Director for the Eighteenth Region within 10 days of the date of this Decision -and Direction of Election ; upon such filing its name shall be placed upon the ballot. We shall direct that those eligible to vote in the elections shall be those employees in the appropriate units who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject to such limitations and addi- tions 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. Questions affecting commerce have arisen concerning the rep- resentation of employees of the Waterman-Waterbury Company, 336 DECISIONS OF NATIONAL LABOR RELATIONS BOARD - Minneapolis, Minnesota, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All employees in the shipping department of the Company, including receiving clerks, and truck drivers and helpers constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. All production employees of the Company, including the janitor and the part-time janitor, but excluding shipping-room employees, receiving clerks, truck drivers and helpers, clerical workers, persons employed in managerial capacities and those having the right to hire or discharge constitute another trait appropriate for the purposes of collective bargaining within the meaning of Section 9 (b)' of the National Labor Relations Act. DIRECTIONS OF ELECTIONS 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 purpose of collective bargaining with Waterinan-Waterbury Commpany, Minneapolis, Minnesota, elec- tions by secret ballot shall be conducted as soon as possible, but not later than thirty (30) days from the date of this Direction of Elec- tions, under the direction and supervision of the Regional Director for the Eighteenth 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 employees of the Com- pany in each of the two following groups 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 exclud- ing employees who have since quit or have been discharged for cause : 1. All employees in the shipping department of the Company, including receiving clerks, and truck drivers and helpers to determine whether they desire to be represented by the Motor Transport and Allied Workers Industrial Union, Local 544, affiliated with the C. I. 0., or by the General Drivers and Helpers' Union, Local 544, affiliated with the Teamsters, Chauffeurs Joint Council No. 32, which in turn is affiliated with the A. F. of L., for purposes of collective bargaining, or by neither. 2. All production employees of the Company, including the janitor WAmERMAN-WATEiRBU'RY COMPANY 337 and part-time janitor, but excluding shipping-room employees, re- ceiving clerks, truck drivers and helpers, clerical workers, persons employed in managerial capacities and those having the right to hire or discharge to determine whether they desire to be represented by the United Electrical Radio and Machine Workers of America, Local 1140, affiliated with the C. I. 0., or by the Warehouse Employees Union, Local 359, affiliated with the Teamsters, Chauffeurs Joint Council No. 32, which in turn is affiliated with the American Fed- eration of Labor for purposes of collective bargaining, or by neither of these organizations. MR. GERARD D. REILLY took no part in the consideration of the above DECISION and DIRECTION of ELECTIONS. 438861-42-vol. 38-23 In the Matter Of WVATERMAN-WATERBURY CO. and UNITED ELECTRICAL RADIO AND MACHINE WORKERS OF AMERICA, LOCAL 1140, C. I. O. In the Matter Of WATERMAN-WATERBURY CO. and) MOTOR TRANSPORT AND ALLIED WORKERS INDUSTRIAL UNION, LOCAL 544, C. I. O. Cases Nos. R-3334 and R-3335, Respectively CERTIFICATION OF REPRESENTATIVES February 13, 1943 On January 16, 1942, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled proceedings.' Pursuant to the Direction of Elections, elections by secret ballot were conducted on January 30, 1942, under the direction and supervision of the Regional Director for the Eight- eenth Region (Minneapolis , Minnesota). On January 31, 1942, the Regional Director , acting pursuant to Article III, Section 9, of Na- tional Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties Election Reports on the ballots. No objections to the conduct of the ballots or the Erec- tion Reports have been filed by the parties. As to the balloting and its results , the Regional Director reported as follows : Shipping Unit Total number e]igible--------------------------------------- 13 Total ballots cast------------------------------------------- 13 Votes cast for Motor Transport and Allied Workers Industrial Union, Local 544, affiliated with the C. I. 0----------------- 8 Votes cast for General Drivers and Helpers' Union, Local 544, affiliated with Teamsters, Chauffeurs Joint Council No 32, affiliated with the A. F. of L--------- --------------------- 4 Votes cast for neither organization--------------------------- 0 Total ballots challenged------------------------------------- 1 Total void ballots-__ --------------------------------- 0 Total blank ballots------------------------------------------ 0 Total valid votes east---------------------------------------- 12 1 37 N. L. R -B 330. 38 N L. R B, No. 69a. 338 WATERMANf-WAPERBURY CO. Production Unit Total number eligible --------------------------------------- 31 Total ballots cast------------------------------------------- 30 Votes cast for the United Electrical , Radio and Machine Workers of America, Local 1140, affiliated with the C. I. 0------------ - 18 Votes cast for the Warehouse Employees Union, Local 350, affiliated with the Teamsters, Chauffeurs Joint Council No 32, which in turn is affiliated with the A. F. of L----------------- 9 Votes cast for neither organization--------------------------- 0 Total ballots challenged------- ------------------------------ 3 Total void ballots-------------------------------------------- 0 Total blank ballots------------------------------------------ 0 Total valid ballots cast --------- * ----- ---------- -------------- 27 339 Since the counting of the challenged ballots in either election would not affect the results of the elections, it is unnecessary to make any determination with respect thereto. 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, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS-HEREBY CERTIFIED that Motor Transport and Allied Workers Industrial Union, Local 544, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of all employees in the shipping department of the Waterman-Waterbury Company, Minneapolis, Minnesota, including receiving clerks and truck drivers and helpers as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, Motor Transport and Allied Workers Industrial Union, Local 544, affiliated with the Congress of Industrial Organizations, is the exclu- sive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. IT IS HEREBY CERTIFIED that United Electrical, Radio and Machine Workers of America, Local 1140, affiliated with the Congress of Indus- trial Organizations, has been designated and selected by a majority of all production employees of Waterman-Waterbury Company, Minne- apolis, Minnesota, including, the janitor and part-time janitor, but excluding shipping-room employees,, receiving clerks, truck drivers and helpers, clerical workers, persons employed in managerial capaci- ties and those having the right to hire or discharge, as their.repre- sentative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, United Electrical, Radio and Machine Workers of America, Local 1140, affiliated with the Congress of Indus- trial Organizations, is the exclusive representative of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment; and other conditions of employment.