Electric Vacuum Cleaner Co., Inc.

National Labor Relations Board - Board Decisions

Apr 15, 1946

67 N.L.R.B. 332 (N.L.R.B. 1946)

In the Matter of ELECTRIC VACUUM CLEANER COMPANY, INC. and
INTERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT 54
Cone No. 8-R-2-042.-Decided April 15, 1946
Mr. Frank S. Hajek, of Cleveland, Ohio, for the Company.
Mr. Carl Ruhndorff, of Washington, D. C., and Messrs. Howard
Paunch and John Toth., of Cleveland, Ohio, for the Machinists.
Messrs. Jesse Gallagher, Carl Hubbel, and James P. McWeeny, of
Cleveland, Ohio, for the Federal.
Mr. Donald B. Brady, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Association of Machin-
ists, District 54, herein called the Machinists, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Electric Vacuum Cleaner Company, Inc., Cleveland, Ohio,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before John A.
Hull, Jr., Trial Examiner. The hearing was held at Cleveland, Ohio,
on March 4, 1946. The Company, the Machinists, and Federal Labor
Union 18907, herein called Federal, appeared and participated. All
parties were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. At the close of the hearing, Federal moved to dismiss the peti-
tion. The Trial Examiner reserved ruling on this motion for the
Board. The motion is denied. The Trial Examiner's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Electric Vacuum Cleaner Company, Inc., a division of General
Electric Company, is a New York corporation with its principal office
67 N. L. R. B., No. 46.
332
ELECTRIC VACUUM CLEANER COMPANY, INC. 333
and plant in East Cleveland, Ohio, where it is engaged in the manufac-
ture, sale and distribution of vacuum cleaners, parts, and accessories.
During the year 1945 the Company purchased raw materials valued
at in excess of $2,000,000 of which, approximately 75 percent was
received from points outside the State of Ohio. During the same
period approximately 90 percent of its finished products, valued at
in excess of $5,000,000 was shipped to points outside the State of Ohio.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists, District 54, is a labor
organization, admitting to membership employees of the Company.
Federal Labor Union 18907 is a labor organization, affiliated with
the American Federation of Labor, admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Machinists
as the exclusive bargaining representative of its employees in view of
the contract with Federal.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Machinists represents a substantial number of
employees 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 meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find substantially in accord with the agreement of the parties
that all employees in the Motor Department, Assembly Department,
Stock and Store Department, Sewing Department, Service Depart-
ment. Packers Department, Shipping and Receiving Department,
including truckers, sweepers, janitors, watchmen, inspectors, and
painters, but excluding all printers, pressmen, bookbinders, molders,
pattern-makers, uniformed guards, filers and burrers, office employees,
and all employees covered by other craft unions affiliated with the
American Federation of Labor and The International Association of
Machinists and all supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status
i The Field Examiner reported that the Machinists submitted 462 cards of which 341
cards bore the names of employees listed on the Company's pay roll of December 27, 1945
Federal relies on its contract as evidence of its interest herein The record re%eats theie
are approximately 600 employees in the appropriate unit.
334 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein,
subject to the limitations and additions 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations 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 Electric
Vacuum Cleaner Company, Inc., Cleveland, Ohio, 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, tinder the direction and
supervision of the Regional Director for the Eighth Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, among 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 said pay-roll period because they were ill or on
vacation or temporarily laid off, and including employees in the
armed forces of the United States who present themselves in person
at the polls, but excluding 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 they desire to be repre-
sented by International Association of Machinists, District 54, or by
Federal Labor Union 18907, affiliated with the American Federation
of Labor, for the purposes of collective bargaining, or by neither.