Mitchell Battery Co.

National Labor Relations Board - Board Decisions

Sep 5, 1941

35 N.L.R.B. 198 (N.L.R.B. 1941)

In the Matter of MITCHELL BATTERY COMPANY and UNITED ELEC-
TRICAL, RADIO AND MACHINE WORKERS OF AMERICA, LOCAL #1140,
AFFILIATED WITH THE C. I. O.
Case No. R-2818.-Decided September 5, 1941
Jurisdiction : storage battery manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal of Company to accord recognition to either of rival unions until cer-
tified by the Board ; contract no bar to, where Company was notified of both
the petitioning union's representation claims and the rival union's desire to
change the existing contract prior to date that contract with rival union
would automatically-renew itself; election necessary.
Unit Appropriate for Collective Bargaining : all production employees including
maintenance men, watchmen, working foremen, but excluding supervisory
employees, office employees, and salesmen ; agreement as to.
Mr. Thomas Vennum and Mr. Lloyd M. MacAloon, of Minneapolis,
Minn., for the Company.
Helstein and Hall, by Mr. Ralph L. Helsteini, of Minneapolis,
Minn., for the United.
Goldie and Sigal, by Mr. Samuel I. Sigal, of Minneapolis, Minn.,
for the I. B. E. W.
Mr. Bliss Daffan and Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On June 19, 1941, United Electrical, Radio and Machine Workers
of America, Local #1140, affiliated with the C. I. 0., herein called
the United, filed with the Regional Director for the Eighth Region
(Minneapolis, Minnesota) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
Mitchell Battery Company, Minneapolis, Minnesota, herein called
the Company, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the National Laboi
Relations Act, 49 Stat. 449, herein called the Act. On July 15, 1941
the National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act and Article III, Section 3, of
35 N L. R. B, No 43.
198
MITCHELL BATTERY COMPANY 199
National Labor Relations Board Rules and Regulations -Series 2, as
amended, ordered an investigation and authorized the Regional Di-
rector to conduct it and to provide for an appropriate hearing upon
due notice.
On July 16, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the United,
and upon International Brotherhood of Electrical Workers, Local
B-160, Battery Branch, herein called the I. B.,E. W., a labor organ-
ization claiming to represent employees directly affected by the
investigation. Pursuant to notice, a hearing was held on July 25
and 30, 1941, at Minneapolis, Minnesota, before Guy Farmer, the
Trial Examiner duly designated by the Chief Trial Examiner. The
Company, the United, and the I. B. E. W. were represented by coun-
sel and participated in the hearing. Full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues was afforded all parties. At the commence-
ment of the hearing the Trial Examiner granted a motion of the
I. B. E. W. to intervene. During the course of the hearing the
Trial Examiner granted motions of the United to amend its petition
as to certain formal matters. The Trial Examiner made several
rulings on other motions and on objections to the admission of evi-
dence. The Board has reviewed all the rulings of the Trial Exam-
iner and finds that no prejudicial errors were committed. The rulings
are hereby affirmed.
On August 15, 1941, the United and the I. B. E. W. filed briefs
which the Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Mitchell Battery Company is a Minnesota corporation with is prin-
cipal place of business at Minneapolis, Minnesota, where it is engaged
in the manufacture and sale of storage batteries. During 1940 the
Company purchased raw materials valued at approximately $180,000,
about 95 per cent of which was shipped to it from points outside the
State of Minnesota. During the same period, the Company sold
finished, products valued at about $250,000, 70 per cent of which was
shipped by it to points outside the State of Minnesota. The Company
admits that it is engaged in commerce within the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
United Electrical, Radio and Machine Workers of America, Local
#1140, is a labor organization affiliated with the Congress of Indus-
200 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
trial Organizations, admitting to membership employees of the
Company.
International Brotherhood of Electrical Workers, Local B-160,
Battery Branch, is a labor organization affiliated with the American
Federation of Labor, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company and the I. B. E. W. have been parties to exclusive
bargaining contracts since 1934. The last agreement between these
parties went into effect on July 15, 1940, and was to remain in full
force and effect until July 15, 1941, and thereafter, unless written
notice should be given by either party thereto within thirty (30) days
prior to the annual expiration date.
On June 13, 1941, the United, claiming to represent 'a majority of
the employees of the Company, requested the Company for a con-
ference for the purpose of collective bargaining. On June 14, 1941,
the I. B. E. W. notified the Company that it desired to amend its
existing contract. The Company advised the United and the I. B.
E. W. that because of their respective claims it would not conduct
negotiations with either until such time as the Board determines the
bargaining representative of the Company's employees.
The I. B. E. W. contends that its contract of July 15, 1940, is a bar
to a present determination of representatives and urges the dismissal
of the petition herein. The United, however, notified the Company
of its claim to a majority prior to the date that the contract would
automatically renew itself, and further, the I. B. E. W. notified the
Company that it desired to change the existing contract. Under
these circumstances, we find that the contract between the Company
and the I. B. E. W. does not constitute a bar to a present determination
of representatives.,
A statement of the Regional Director introduced in evidence shows
that the United represents a substantial number of employees in the
alleged appropriate unit.'
We find that a question has arisen concerning the representation
of employees of the Company.
'Matter of Tennresee Electric Power Company and International Brotherhood of Elec-
trical Workers , 7 N. L. R. B. 24
2 The Regional Director reported that the United presented 25 application -for-member-
ship cards bearing the names of persons who appealed on the Company' s pay roll of July
25, 1941. There are approximately 50 employees in the alleged appropriate unit. The
Regional Director further reported that the I. B. E. W. submitted no evidence of member-
ship among the employees of the Company, but submitted its contract with the Company
as proof of its interest in this proceeding.
MITCHELL BATTEIRY COMPANY
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
UPON COMMERCE
201
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 commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company, the United, and the I. B. E. W. agreed at the hearing,
and we find, that all production employees of the Company, includ-
ing maintenance men, watchmen, and working foremen, but excluding
supervisory - employees, office employees, and salesmen, constitute a
unit appropriate for the purposes of collective bargaining. We fur-
ther find that said unit will insure to employees of the Company the
full benefit of their right to self-organization and to collective bar-
gaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OP REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by the holding of an election by secret
ballot. The parties agreed at the hearing that employees who had
worked 66 days as of the pay-roll period immediately preceding the
date of the Direction herein, should be eligible to vote in the election.
We shall direct that the employees eligible to vote in the election
shall be those employees in the appropriate unit who were employed
during the pay-roll period immediately preceding the date of the
Direction of Election herein and who had worked at least 66 days,
subject to such limitations and additions as are set forth in the
Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Mitchell Battery Company, Minneapolis,
Minnesota, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All production employees of the Company, including main-
tenance men, watchmen, and working foremen, but excluding super-
visory employees, office employees, and salesmen, constitute a unit
202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations 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
,,,mended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Mitchell Battery Company, Minneapolis, Minnesota, 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 direc-
tion and supervision of the Regional Director for the Eighteenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among all production employees of the Company who
were employed during the pay-roll period immediately preceding the
date of this Direction and who had worked at least 66 days, including
maintenance men, watchmen, working foremen, and employees who
did not work during such 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 supervisory employees,
office employees, salesmen, and employees who have since, quit or been
discharged for cause, to determine whether,they desire to be repre-
sented by United Electrical, Radio and Machine Workers of America,
Local #1140, affiliated-with the Congress of Industrial Organizations,
or by International Brotherhood of Electrical Workers, Local B-160,
Battery Branch, affiliated with the American Federation of Labor,
for the purposes of collective bargaining, or by neither.