Auburn Spark Plug Co., Inc.

National Labor Relations Board - Board Decisions

Jul 27, 1944

57 N.L.R.B. 716 (N.L.R.B. 1944)

In the Matter of AUBURN SPARK PLUG Co., INC. and UNITED AUTO-
MOBILE WORKERS OF AMERICA, A. F. L.
Case No. 3-B-809.-Decided July 2'7,1941
Fraser. Brothers, by Mr. Henry' Fraser, of Syracuse, N. Y., for the
Company.
Messrs. Maurice Denby and Norrett Downey, of Auburn, N. Y.,
for the Union.
Mr. Bernard Goldberg, of counsel to the,Board.
- DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE,-CASE
Upon a petition duly filed by United Automobile Workers of
America, A. F. L., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Auburn Spark Plug Co., Inc., Auburn, New York, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Peter J. Crotty,
Trial Examiner. Said hearing was held at Auburn, New York, on
June '27, 1944. The Company and the Union appeared and partici-
pated. All parties were afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bearing-,
on the issues. At the hearing, the Trial Examiner reserved for the
Board a ruling on the Company's motion to dismiss the petition.
For the reasons hereinafter, stated,3the said -motion 'is hereby denied.
The Trial Examiner 's rulings made at the hearing are free from
prejudicial error and are hereby affirmed. All parties were afforded
an, opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
-FINDINOs OF FACT
1. THE, BUSINESS OF THE COMPANY
Auburn Spark Plug Co., Inc., is a New York corporation engaged
in the manufacture .of spark plugs, screw machine products, and
57 N. L. R. B., No. 119.
716 - -
AUBURN SPARK ,. PLUG CO., IN C. 717 =
aeronautical parts at its plant in Auburn, New York. From, Janu-
ary 1, 1943. to December 31, 1943, the Company used in. its manu-
facturing processes raw materials valued at approximately $250,000,
of which at least 50., percent was, shipped to it- from points,outside the ,
-State of New York. `--During thes'saine period, the Company manu-.
factured finished products valued at about $500,000, of which' more
than 25 percent was shipped to points outside the State. of New
York.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
IT. THE ORGANIZATION INVOLVED
United Automobile Workers of America, affiliated with the Ameri-
can Federation of Labor, is a labor organization iidmitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
1 _
The Company has refused to grant recognition to the Union as, the
exclusive bargaining representative of its production and maintenance
employees until the Union has been certified by the Board in an ap-
propriate unit.
A statement of a Board agent, introduced into'evidence at the hear-
ing, indicates that the Union represents a,substantial number of em-
ployees in the unit hereinafter found appropriate.'
We find that a question affecting- commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2' (6) and_ (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with the stipulation of the par-
ties', that all production and maintenance employees, including all in-
' The Field Examiner reported that the Union submitted 200 authorization cards ; and
that 196 cards were dated in March 1944, and 4 were undated. Ile also reported that the
Company refused to submit the pay-roll for his inspection. He thereupon estimated the
number of employees in the'unit petitioned for as 280. At the hearing the Company's pay-
roll for the week ending June 18,, 1944, was admitted in evidence. According to this
pay-roll, the Trial Examiner reported, there are 228 employees in the unit sought by the
Union. -
The Company, in support of its motion to dismiss, contends that the refusal of the
Trial Examiner to permit it to examine the authorization cards, and to cross-examine the
witnesses and parties offering them in evidence constitutes a denial of "due process" under
the Constitution. As we have frequently stated, authorization or membership, cards are
required, not as proof of the precise number of employees who desire to be represented byya
labor organization, or as a basis for determining the appropriate representative, but simply
to provide a reasonable safeguard against the indiscriminate institution of representation
proceedings by labor organizations which might have little or no membership in the unit
claimed to be appropriate. See Matter of H. G. Hill Stores, Inc. Warehouse, 39 N. L R. B.
874; Matter of Atlas Po,oder Company, Zapon Division, 43 N. L R. B. 757; Matter of The-
Regina Corporation, 57 N. L. R. B. 4. A similar motion in Matter of Auburn Spark
Plug Co. Inc., 50 N. L. R. B. 511, involving the same parties, was likewise denied.
J
718 DECISIONS - OF -NATIONAL LABOR RELATIONS BOARD
^pectors (other than the chief ' inspector and the, head inspectors),
factory 'or "shop" clerks , weigh clerks, receiving and shipping clerks,
but excluding all supervisors ,, foremen, assistant foremen , salaried-
employees , watchmen , guards, nurses, assistants, to the personnel man-
ager, the•-experimental; engineer , ;tire; 6liief - inspector and' all head-i=n'-
spectors , and all other supervisory employees with authority to hire,
promote, discharge , discipline , or- otherwise effect •ehanges in the sta-
tus of employees , or effectively recommend such action, constitute, a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.2
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representationwhich
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding , the date of the Direction of Elec-
tion herein, subject to the limitations and additiaris • set forth in the
Direction. -
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 Relations
Act, and pursuant to Article III, Section 9, of. National Labor Rela-
tions Board Rules and regulations-Series 3, as amended, it is hereby
DIREcTED that, as part of the investigation to, ascertain representa-
tives for the, purposes of collective bargaining, with Auburn Spark
Plug Co. Inc.;,Auburn, New York, 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, under the direction and supervision
of the Regional Director for the Third Region, acting in,this matter
as agent for the National Labor Relations Board,, and subject to Ar-
ticle III, Sections 10 and 11, of said Rules and Regulations, among
the employees in the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding the
date of this Direction, including employees who did not work during
the said pay-roll period because they were ill or on vacation or tem-
porarily laid off, and'including employees in the armed forces,of the
United States who present themselves in person at the polls, but ex-
cluding those employees who have, since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
election, to determine whether or not they desire to be represented
by United Automobile Workers of America, affiliated with the Amer-
ican Federation of Labor, for the purposes of collective bargaining.
2 This is substantially the same unit found appropriate by the Board - in Matter of Auburn
Spark Plug Co., Inc., 50 N. L. R. B. 511, a proceeding involving the saline parties.