Houdaille-Hershey Corp.

National Labor Relations Board - Board Decisions

Aug 27, 1942

43 N.L.R.B. 726 (N.L.R.B. 1942)

In the Matter Of HOUDAILLE -HERSHEY CORPORATION and , UAW-CIO,
LOCAL 850
Case No. R-.1130.Decided August 27, 1942
Jurisdiction : automobile, airplane, and tank parts,manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition because of conflicting claims of rival
organization; elcctionnecessary.
Unit Appropriate for, Collective Bargaining : production and maintenance em-
ployees, including employees of the tool department, tool store clerks not exer-
cising supervisory functions, shipping,' receiving, and production clerks, but
excluding office and supervisory employees, employees in the time-study, draft-
ing, and engineering departments, watchmen, departmental clerks, personnel
clerks, tool control clerks, and tool store clerks exercising supervisory functions.
Mr. Francis V. Cole; for the Board.
Mr. Edward D. Fla7ierty, of Buffalo, N. Y., for the Company.
Mr. Maurice Sugar, of Detroit, Mich., and Leider,'Witt, and Cammer;
by Mr. Allen Brotsky; of New York City, for the UAW-CIO.
Mr. Daniel B.'Sliortal and 111r. of -Buffalo, N. Y.,
for the I. A. M.
Mr. William C. Baisinger, Jr., of counsel to the Board.
DECISION
AND '
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Automobile Workers of America,
affiliated with the C: I. 0., Local 850, herein called the UAW-CIO,
alleging that a question affecting commerce had arisen concerning the
representation of the employees of the -Houdaille-Hershey Corpora-
tion, Buffalo, New York, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Peter Crotty, Trial Examiner. Said hearing was held
at Buffalo, New York,•on August 6, 1942. The Company, the UAW-
CIO, and International Association of Machinists, affiliated with the
A. F: of L., herein called the I. A. M., appeared; participated and were
afforded full opportunity to be heard, to examine and cross-examine
witnesses and to 'introduce evidence bearing on the issues. At the
opening of the .hearing the Trial Examiner reserved ruling upon a
43 N. L. R. B., No. 110.
726
HOUDAILLE-HERSHEY CORPORATION 727
motion by the I. A. M. that the petition be dismissed on the grouild• ' --
that unfair labor practices of the Company- found by the Board in a.
Decision and Order issued July 22, 1942,1 have not yet,been .dissi-
pated. Said motion is hereby denied.2 The Trial Examiner's rulings.;
made at the hearing are free from prejudicial error and are hereby.
affirmed.
Upon the entire record in the case, the Board lilakes the following :in I
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Houdaille-Hershey Corporation is a Michigan corporation engaged
at a plant in Buffalo,.New York, in the manufacture and sale of auto-
mobile, airplane, and tank parts. During the period from March 1,
1942, to , June 30, 1942, raw materials used by the Company at the
Buffalo plant exceeded $1,000,000 in value. Ten percent of such ma-
terials was shipped to the plant from points outside the State of New
York. During the same period, the sales of finished products exceeded
$2,000,000 in value and 10 percent of such products was shipped to
points outside the State of New York. -
H. THE ORGANIZATIONS INVOLVED
United Automobile Workers of America, affiliated with the C. I. O:,
Lobal 850, is a labor organization. It admits 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
The Company has refused to recognize the UAW-CIO because of=
conflicting claims of the I. A. M. A statement of the Regional Di-
rector, introduced in evidence at the hearing, indicates that the UAW-
CIO represents a substantial number of employees in the unit herein-
' Matter of Houdaille Engineering Corporation and International Union, UAW-CIO,
Local 850," Case No R-3059, and Matter of Houdaille-Hershey Coiporation and Houde
Engineering Corporation and International Union, United Automobile, Aircraft, and Agri-
cultural Implement Workers of America (C. I. 0.), Case No C-2185 Upon the basis of
an agreed statement of facts, the Board therein set aside the results of an election held
on November 25, 1941, in which the UAW-CIO and an independent association participated.
It found that the Company had dominated the association and ordered the respondent
to cease and desist from its unfair labor practices, to disestablish the association, and to
post the usual 60-day notice.
2 The Company's compliance with the Board's order is now complete, except for the
expiration of the posting period, which began on July 31, 1942
728 DECISIONS OF' NATIONAL LABOR, RELATIONS BOARD •
after found to be appropriate.3 The UAWIT-CIO, the IAM, and the
Company stipulated that both unions, having shown substantial inter-
est, are entitled to a place on the ballot.
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
The UAW-CIO and the IAM stipulated that the following bargain-
ing unit is appropriate :
All production and maintenance employees including employees of
the tool department but excluding office and supervisory employees,
"confidential clerks" and employees in the time-study, drafting and
engineering departments, and further excluding watchmen.4 The
Company took no position as to the appropriate unit, except insofar
as a dispute arose as to the definition of "confidential clerks."
The UAW-CIO and the IAM contend that the term "confidential
clerks" describes personnel clerks, and tool control clerks, and that
they should be excluded, but that departmental clerks, tool store
clerks, and shipping and receiving clerks should be included. The
Company contends that-all the foregoing groups of employees, as well
as production clerks who, the Company states, are on the office pay,
roll, should be excluded. i
We shall exclude personnel clerks and tool control clerks, as to
whose duties the parties are agreed. Inasmuch as the record indicates
that departmental clerks are secretaries to the foremen and as such,
are familiar with the foremen's cohfidential affairs, including any
relating to labor matters, we shall exclude them. As to 12 of the tool
store clerks, the parties,agree that they may be excluded as,they ex-
ercise supervisory functions. We shall exclude them.
The record•affords no basis for the contention that the remaining
tool store clerks or any of the production clerks and shipping and
receiving clerks are confidential employees with reference to labor
matters. We shall include them in the unit.
'The statement of the Regional Director shows that the UAW-CIO submitted 1835
application -for-membership cards, 1508 of which bear names which appear on the Com-
pany 's pay roll of April 18, 1942; that 1367 of said cards bear what appear to be genuine
original signatures ; and that 556 are dated 1942, 369 are dated 1941 , 3 are dated 1940,
and 439 are undated There are approximately 2200 employees in the appropriate unit
A check made by the Tirol Examiner shows that the IAi\I submitted to him 108 appli-
cation cards for membersh p in the IAiI , of which 76 bear apparently genuine and original
signatures of persons whose names appear on the Company ' s p iy roll Thirteen of the
108 cards are duplicates and 19 are not on the Company 's pay roll All of said cards
were signed during the months of July and August 1942 '
4In the Hatter of Houde Engineering Corporation and International Union, UAW-CIO,
Local 850, 36'N. L R. B 587, the Board found appropriate an+identical unit, except'that
it included watchmen. -
HOUDAILLE-HERSHEY CORPORATION 729
We find that all production and maintenance employees of ;the
Company, including employees of the tool department, tool store
clerks who do not exercise supervisory functions, shipping and re-
ceiving clerks, and production clerks, but excluding office and super-
visory employees, employees in the time-study, drafting, `and engi-
neering departments, watchmen, departmental clerks, personnel clerks,
tool control clerks and tool store clerks, who exercise supervisory
functions, 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 the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of our 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 Re-
lations 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 investig,,ytion. to ascertain representa-
tives for the purposes of collective-bargaining with Houdaille-Hershey
Corporation, Buffalo, New York, an election by secret ballot shall
be-conducted as early as possible, but not later than (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 Article
111, Section 9, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed 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 employees who have since quit or been discharged
for cause, to determine whether they desire to be represented, by
United Automobile Workers of America, affiliated with the C. I. O.,
Local 850, or by International Association of Machinists, affiliated
with the A. F. of L., for the purposes of collective bargaining, or by
neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.