Mack Manufacturing Corp.

National Labor Relations Board - Board Decisions

Oct 17, 1940

27 N.L.R.B. 917 (N.L.R.B. 1940)

In the Matter Of MACK MANUFACTURING CORPORATION and UNITED AU-
TOMOBILE WORKERS OF AMERICA, AFFILIATED WITH THE C.. I. 0.
Case No. B-2069.-Decided October 17,1940
Jurisdiction : automobile truck and motor bus manufacturing industry.
Investigation- and Certification of Representatives: existence of question: re-
fusal to accord recognition to union ; election necessary.
Employees called into active service with the National Guard or con-
scripted for military training prior to date of the election held eligible to vote.
Unit Appropriate for Collective Bargaining : all production and 'maintenance
employees including stock handlers and inspectors, but excluding direct offi-
cers of the management (such as officers and directors of the Company), fac-
tory managers and assistant factory managers, directors and assistant directors
of purchases, superintendents and assistant superintendents, general foremen,
assistant foremen, and group leaders, time-study men, draftsmen, designing,
planning and estimating engineers, plant protection employees (but not mainte-
nance or fire protection employees), all clerical and office employees, and
cafeteria employees.
Chadbourne, Wallace, Parke & Whiteside, by Mr. Horace G. Hitch-
cock, of New York City, for the Company.
Liebman, Robbins, Pressman cC Leider, by Mr. Harold I. Cammer,
of New York City, for, the Union.
Miss Grace McEldowney, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 25, 1940, United Automobile Workers of America, herein
called the Union, filed with the Regional Director for the Fourth
Region (Philadelphia, Pennsylvania) a petition alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Mack Manufacturing Corporation, Allentown, Pennsyl-
vania, herein called the Company,•and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act. On
August 21, 1940, the National-Labor Relations Board, acting pursuant
27 N. L. R. B., No. 150.
917
918 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to Section 9 (a) of the Act and Article III, Section 3, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
ordered an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due notice.
On September 19, 1940, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
Union, and Employees Independent Association, herein called the
Association, a labor organization named in the petition as claiming to
represent employees of the Company. Pursuant to the notice, a hear-
ing was held on September 26, 1940, at Allentown, Pennsylvania;
before Samuel G. Zack, the Trial Examiner duly designated by the
Board. The Company and the Union were represented by counsel and
participated in the hearing. No appearance was entered for the Asso-
ciation. Full opportunity to be,heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues was afforded
the parties.
During,the hearing the Trial Examiner granted a motion of counsel
for the Union to conform the petition to a stipulation of the parties
in so far as the description of the proposed unit was concerned. The
Trial Examiner made several other rulings on motions and on objec-
tions to the admission of evidence. The Board has reviewed the rul-
ings-of the Trial Examiner and finds that no prejudicial errors were
committed. The rulings are hereby affirmed..
Upon, the- entire record- in the proceeding, the -Board makes the
following :
FINDINGS-OF FACT
I. THE-BUSINESS OF-THE COMPANY
Mack Manufacturing Corporation 1 is a Delaware corporation
which manufactures automobile trucks and' motor busses at its fac-
tory at Allentown, Pennsylvania. In 1939 its gross purchases of raw
materials, consisting of coal, wood, steel, aluminum, iron, copper,
brass, petroleum products, leather, curled hair, textile products,
paints, and solvents, amounted to $5,097,101.49. Approximately 75
percent of these materials were shipped to the factory from points
outside the State of Pennsylvania, and 89 per cent of the finished
products of the factory were shipped out of the State. ' Sales, which
are handled, through Mack International Motor Truck Corporation
and Mack Motor' Truck Company, amounted in 1939 to ' approx-
imately $26,865,447.
'The Company, which ,was organized in 1911 , was known until 1936 as International
Motor Company. ,
MACK MANUFACTURING CORPORATION- 919 -
H. THE ORGANIZATION INVOLVED 2
United Automobile Workers of America is a labor organization
affiliated with the Congress of Industrial Organizations, which ad-
mits to membership in its local union, Local No. 677, employees of
the Allentown plant of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
After receiving its charter in July 1939, Local 677 s proceeded to
organize the employees of the Company's Allentown factory. In
July 1940 the petition in the present proceeding was filed, a previous
petition, filed in March 1940, having been withdrawn. The Union
then requested a consent election, but because of events in connec=
tibn with the previous petition the Company, refused, preferring to
leave the matter to the determination of the Board.
At the hearing a statement prepared by the Regional Director was
introduced in evidence, showing that the Union represented a sub-
stantial number of employees in its proposed unit.4 The' statement
did not indicate the extent to which maintenance workers had desig-
nated the Union as their representative, since this group ,was not
originally included in the Unit .5 It is apparent, however, that the
Union represents a substantial number of employees, not only in the
unit proposed by the Union in its petition, but in the unit herein'
after found appropriate by the Board. '
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described ' in Section I above, has a close, intimate , and .substantial
'relation to trade, traffic, and commerce among the several States
And tends to lead to labor disputes. burdening and obstructing com-
merce and the'free flow of commerce. '
a'As noted above, the Association , although served with notice , did not file an appear-
ante at the hearing. The record contains no information regarding it. Joseph Sandy,
the chairman of Local 677, in his testimony regarding the Union stated that during his 20
years with the Company he had known of no other labor union in the plant.
a Local 677 and the Union are hereinafter both referred to as the Union.
In support of its claim to represent 1,519 of the 2,200 employees in the unit described
in the petition , the Union submitted to the Regional Director 1,571 membership applica-
tion cards , of which 1,344 bore the signatures of persons whose names appeared on the
Company's pay roll for the week ending July 20, 1940.
See Sec. V , infra. •
920 DECISIONS 'OF• NATIONAL LABOR RELATIONS BOARD
V. THE APPROPRIATE UNIT
'In the original petition the proposed unit was described as "all
production employees, including stock handlers and excluding office
and clerical workers, superintendents, supervisors, foremen, group
leaders, watchmen, time-study employees, draftsmen, designing, en-
gineering, confidential employees, inspectors and cafeteria em-
ployees, of the company's plant at Allentown, Pensylvania." At
the hearing, however, the Union amended its petition to, include
maintenance workers within the alleged appropriate unit. Although
the' Company originally objected to the proposed exclusion of in-
spectors, it finally was agreed that both inspectors and warehousemen
should be included, and the parties then entered into a stipulation
regarding the unit. We see no reason to depart from the wishes of
the parties in this regard.
We find that all production and maintenance employees of the
Company at its plant at Allentown, Pennsylvania, including stock
handlers and inspectors, but excluding direct officers of the manage-
ment (such as officers and directors of the Company), factory manag-
ers and assistant factory managers, directors and assistant directors
of purchases, superintendents and assistant superintendents,, general
foremen, assistant foremen, and group leaders, time-study men,
draftsmen, designing, planning and estimating engineers , plant pro-
tection employees (but not maintenance, or fire protection employees),
all; clerical and, office employees, and cafeteria employees, constitute
a unit appropriate for the purpose of collective bargaining, and that
said unit will insure to employees of the Company the full benefit
of their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation -which has
arisen can best be resolved by an election by secret ballot.
The Union requested that either the pay roll of July 20, 1940, the
date nearest the filing of the petition, or the pay roll of the week of
the hearing, including employees laid off during the preceding 4
weeks, be used to determine' eligibility to -vote. The Company ex-
pressed the belief that the pay roll nearest the date of the election
should be used. The Union also reqeusted, without objection by the
Company, that provision be made to include among those eligible
to vote any employees who have been or may be called into active
service with the National Guard or conscripted for military training
prior to the date of the election. Under the circumstances, and
since such employees will be entitled to reinstatement on their return
MACS MANUFACTURING CORPORATION - 921
to civilian life,6 we believe that they are entitled to participate in
the choice of representatives. In accordance with our usual prac-
tice, we shall direct that the employees eligible to vote shall be those
within the appropriate unit during the-pay-roll period immediately
preceding the Direction of Election, subject to such limitations and
additions as are set forth in the Direction.
Upon the basis of the foregoing findings of fact and upon the
entire record in the proceedings, the Board makes the following :
CONCLUSIONS OF LAW
-,1. A question affecting commerce has arisen concerning, the repre-
sentation of employees of Mack Manufacturing Corporation, Allen-
town, Pennsylvania, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company at
its plant at Allentown, Pennsylvania, including stock handlers and
inspectors, but excluding direct officers of the management (such
,as officers and directors of the Company), factory managers and
assistant factory managers, directors and assistant directors of pur-
chases, superintendents and assistant superintendents, general fore=
men, assistant foremen, and group leaders, time-study men, drafts-
men, designing, planning and estimating engineers, plant protection
employees (but not maintenance or fire protection employees), all
clerical and office employees, and cafeteria employees, constitute a
unit appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Act.
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, 49 Stat. 449, 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 purposes of collective bargaining
with Mack Manufacturing Corporation, Allentown, Pennsylvania,
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
of Election, under, the direction and supervision of the Regional
Director for the Fourth Region, acting in this matter as agent for the
National Labor Relations'Board, and subject to Article III, Section
6 See Selective Training and Service Act of 1940 and Public Resolution No. 96, 76th
Congress.
922 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
'9, of said Rules and Regulations, among all production and mainte-
nance employees of the Company at its-plant at Allentown, Pennsyl-
vania, including,stock handlers and inspectors, who were employed
during the pay-roll period immediately preceding the date of this
Direction of Election, and including employees who did not work
during such pay-roll period because they were ill or on vacation or
who' were then ' or have since been temporarily laid off, or who had
then or have since been called into active service pursuant to the
Selective Training and Service Act of 1940 or to Public Resolution
No. 96, 76th Congress, but excluding direct officers of the manage-
ment (such as officers and directors of the Company), factory man-
agers, and assistant factory managers, directors and assistant di-
rectors of purchases, superintendents and assistant superintendents,
general foremen, assistant foremen, and group leaders, time-study
men, draftsmen, designing, planning and estimating engineers, plant
protection employees (but not maintenance or fire protection em-
ployees), all clerical and office employees, cafeteria employees, and
employees who shall have since quit or been discharged for cause,
to determine whether or not they desire to be represented by United
Automobile Workers of A herica for the purposes of -collective
bargaining.