Howell Electric Motors Co.

National Labor Relations Board - Board Decisions

Dec 20, 1944

59 N.L.R.B. 1171 (N.L.R.B. 1944)

0
In the Matter Of HOWELL ELECTRIC MOTORS COMPANY 1 and INTER-
NATIONAL UNION, UNITED AUTOMOBILE , AIRCRAFT AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA (UAW-CIO)
Case No. 7-R-1878.-Decided December 00, 1944
Miller, Canfield, Paddock, and Stone, by Mr. George E. Miller, of
Detroit, Mich., for the Company.
Maurice Sugar and N. L. Smokler, by Mr. N. L. Smokler, of Detroit,
Mich., for the Union.
Miss Ruth Rusc1t, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a 'petition duly filed 'by International Union, United Auto-,
mobile, Aircraft and Agricultural Implement Workers of America
(UAW-CIO), herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Howell Electric Motors Co., Howell, Michigan, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Sylvester J.
Pheney, Trial Examiner. Said hearing was held at Howell, Michi-
gan, on November 14, 1944. The Company and the Union appeared
and participated. All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing, on the issues. 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 :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Company is a, Michigan corporation engaged in the manufac-
ture of electric motors. Approximately 95 percent of the Company's
business is war work. During the 6 'months' period ending' Septem-
ber 30, 1944, the Company purchased raw materials consisting of
' At the hearing , the Trial Examiner on his own motion corrected the name of the
Company on all formal papers as set forth above.
59 N. L. R. B., No. 209. 1171
1172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
steel, copper wire, and castings amounting to more than $650,000 in
value, of which 50 percent came from sources outside the State of
Michigan. For the same period, the Company sold products amount-
ing to more than $1,700,000 in value, of which 10 percent was shipped
to points outside the State of Michigan.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America, is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of" the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On September 21, 1944, the Union notified the Company that it
represented a majority of the Company's employees and requested
recognition. . The Company refused to bargain with the Union since
the Union's majority status was in doubt.
When a union representative visited the Company, he suggested
that an election be held under the auspices of the State Labor Media-
tion Board. The Company consented and such an election was held
on October 6, 1944.
It was agreed between the parties that all production and mainte-
nance employees, excluding office, clerical, and supervisory employees
should participate in the election. However, a short time prior to
the election, the Union discovered that the Company employed eight
home workers whom the Union believed should -not participate in the
election since they were not subject to the same working conditions.
The Company contended that the home workers were production
workers and should, therefore, be permitted to vote.
. The results of the election were 133 votes for the Union, 131 votes
against it, and the 8 votes of the home workers challenged. At the
meeting between the parties and the State Labor Mediation Board,
the Company argued that the home workers were employees while the
Union maintained that they were independent contractors. The
State Labor Mediation Board was unable to render a decision and
suggested that the present petition be filed.
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.'
2 The Field Examiner reported that the Union submitted designation cards, which bore
the names of 101 persons listed on the Company ' s pay roll of September 30, 1944,,which
contained the names of 297 employees in the appropriate unit. The cards were dated :
45 In August 1944, 34 in September 1944, 3 in October 1944, and 19 undated.
HOWELL ELECTRIC MOTORS COMPANY 1173
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 parties are in substantial accord with respect to the unit, with
the exception of the home workers . It was stipulated that the unit
should be composed of all the Company 's production and maintenance
employees , except for office and clerical employees , superintendents,
foremen , and assistant foremen, regardless of hours spent in produc-
tion per day.
In 1943, when the Company needed help badly, it engaged winders,
who. were former employees and experts , to do some work in their
homes. At the time of the election , the Company had eight home
workers. Since that time, several more have been employed. They
are all married women who are unable to leave their home due to their
household tasks. The Company supplies each home worker with a
table and the necessary tools. The motors are delivered by a company
car to the workers who wind the motors whenever they have the time.
The home workers wind only the small motors because the larger
motors require either a man or a crane to lift them. When the work
is completed , they call the Company so that the motors can be picked
up. Since the home workers are expert winders, they need little super-
vision. However, if any difficulties arise, a forelady is sent to the
home to solve the difficulty. Otherwise , a supervisor inspects the work
in the houses only at irregular intervals . Employees in the plant
who wind motors work on a 48-hour per week schedule and are paid
on an hourly basis whereas the home workers wind motors whenever
they have an opportunity throughout the day, and are paid on a
piece-work rate. Although they are paid on a different principle, both
groups of workers average about the same rate of pay per motor. The
home workers submit time cards, but these are not checked because the
Company knows the approximate time it takes to wind a certain type
of motor. The Company argues that the home workers should be in-
cluded in the bargaining unit since the Company , itself, does not differ-
entiate between the plant and home employees . When a former em-
ployee applies for work which is to be done at home , she has to undergo
a physical examination the same as the plant employees . The Com-
pany pays a Social Security tax on these employees . When the plant
winders received a wage increase , the home workers did also.
Despite the Company's policy of extending equal benefits to the
home workers , so far as possible , their working conditions are entirely
dissimilar to those prevailing at the plant. The Union has not at-
tempted to organize the home workers and, as it contends , it would
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1174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
obviously be difficult for a collective bargaining agent to render any
services to them. We are of the opinion that there is insufficient com-
munity of interest between the home workers and the plant employees,
to warrant the inclusion of the home workers in the unit." In view
of this determination, it is unnecessary to decide whether or not the
home workers are'independent contractors rather than employees, as-
the Union contended.
We find, in accordance with the stipulation of the parties and our
foregoing determination, that all production and maintenance em-
ployees excluding home workers, office and clerical employees, super-
intendents, foremen, assistant foremen, and all other supervisory
employees with authority to hire, promote, discharge, discipline, or-
otherwire effect changes in the status of employees, or effectively recom-
mend 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 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 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 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 Howell Electric
Motors Co., Howell, Michigan, 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 Seventh 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 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
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
8 Matter of Kaplan Brothers , 46 N. L. R. B. 1057.
HOWELL ELECTRIC MOTORS COMPANY 1175
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 or not they desire to be represented by Inter-
national Union, United Automobile , Aircraft and Agricultural Im-
plement Workers of America (UAW-CIO ), for the purposes of
collective bargaining.