Mitchell Manufacturing Co.

National Labor Relations Board - Board Decisions

Sep 10, 1946

70 N.L.R.B. 1268 (N.L.R.B. 1946)

In the Matter Of MITCHELL MANUFACTURING COMPANY, EMPLOYER
and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, A. F.
or L., PETITIONER
Case No. 13-R-3690.-Decided September 10, 1946
Mr. Stanley K. Feinberg, of Chicago, Ill., -for the Employer.
Mr. Daniel D. Carmel, by Messrs. Lester Asher and William F.
Cleary, of Chicago, Ill., for the Petitioner.
Messrs. Sam Kushner and Earl T. McGrew, of Chicago, Ill., for the
Intervenor.
Mrs. Augusta Spaulding, of counsel to the Board.
a
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Chicago,
Illinois, on August.1, 1946, before Kate Wallach, Trial Examiner.
The Trial Examiner's -rulings made at the hearing are free from prej-
udicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF TIIE EMPLOYER
I
Mitchell Manufacturing Company, a Delaware corporation, has its
principal offices and plant at Chicago, Illinois,-where it is engaged
in the assembly and sale of lighting fixtures for use in stores, offices,
and factories.
During 1945, the Employer purchased for its plant raw materials
valued in excess of $50,000, a substantial proportion of which was
purchased outside Illinois. During the same period, the Employer
sold products, finished at its plant, valued in excess of $50,000,, the
majority of which was shipped to points outside Illinois.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act:
70 N L. R B, No. 116
1268
MITCHELL MANUFACTURING COMPANY
11. THE ORGANIZATIONS INVOLVED
1269
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
Local 1121, affiliated with the United Electrical, Radio & Machine
Workers of America, herein called Intervenor, is a labor organization
affiliated with the Congress of Industrial Organizations, claiming to
represent employees of the Employer.
III. TILE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees in the air conditioning de-
partment at the Employer 's Clybourn Avenue plant until the Peti-
tioner has been certified by the Board in an appropriate bargaining
unit.
On April 15, 1941 , the Board issued a Decision and Direction of
Election in Case No . R-2421,1 a prior representation proceeding con-
cerning employees at the Employer's Clybourn Avenue plant , finding
that production and equipment maintenance employees , excluding
building maintenance, clerical, engineering, and supervisory em-
ployees, constituted an appropriate bargaining unit,, and, of May 27,
1941, a Certification of Representatives , certifying the Intervenor as
the exclusive bargaining representative of these employees.
About a year later, the Employer decided to conduct some investi-
gations in the field of air conditioning. An engineer and an assistant
were hired for experimental work. In November 1945, the Employer
hired one new employee to assist the engineer in work upon a sample
air conditioning product.
In February 1946, a labor dispute arose among employees at the
plant. In settlement of this dispute, the Employer recognized the
Petitioner as the exclusive bargaining representative of employees in
the machine shop at the plant, and, on February 12, 1946, entered into
a contract with the Petitioner covering these employees. On February
13, 1946, the Employer entered into an exclusive bargaining contract
with the Intervenor covering production and maintenance employees
at the plant , excluding , inter alia, employees in the machine shop.
This contract , which provides for membership in the Intervenor as a
condition of employment after 80 hours of service with the Employer,
purports to be made on behalf of members of the Intervenor then or
thereinafter employed by the Employer at the plant or "at any reloca-
tion or expansion " of the plant. - - -
Sometime after the execution of the contracts noted above, the
Employer, deciding to manufacture air conditioning products , cleared
3 Matter of Mitchell Manufacturing Oompany, 30 N. L. R B. 1211.
1270 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
space in the plant, installed equipment,-and began hiring employees
for the new work. Production began in the department in April 19.46.
Approximately 19 new employees were hired for-the department. No
employees were transferred from other departments for production
work on air conditioning products. The Petitioner organized these
employees, and desired to represent them. The Intervenor, however,
required them to sign authorization cards of the Intervenor as a condi-
tion of employment and demanded that the Employer deduct dues
from their pay checks as 'Members of the Intervenor. On June 10,
1946, the Petitioner filed its petition in,this proceeding.
The Intervenor contends that employees in the air conditioning
department constitute an integral part of its production and imzainte-
nance unit and that its contract of February 13, 1946, constitutes a liar
to a determination of representatives among them at this time.2 titre
do not agree. Where, after the execution of a contract covering pro-
duction and maintenance employees at its plant, an employer enters
into a wholly new business venture-and-hires new employees for a new
type of production department, and alabor organization, other than
the contracting labor organization, also claims to represent these new
employees, we believe that the contract, even though it provides for an
expanding unit, does not constitute a bar to a cleterminatiort of repre-
sentatives among such employees upon petition of the rival union.3
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
1V. THE APPROPRIATE UNIT ; THE DETERMINATION OF REPRESENTATIVES,
The Petitioner contends that employees in the air conditioning
department at the Employer's Clybourn Avenue plant, excluding
clerical and supervisory employees, constitute an appropriate bargain-
ing unit. The Intervenor contends that these employees constitute an
integral part of the larger production and maintenance unit and that
the separate unit urged by the•Petitioner is not appropriate for bar-
gaining purposes.
The plant consists of it number of manufacturing departments,
located on five floors'of°the plant building. The stockroom occupies
the basement floor. The entrance for employees, the tool and die shop,
and the machine shop occupy the first floor. The shipping room, the,
air conditioning department, and a department limited to the use of
e we find it unnecessary to resolve the conflicting testimony concerning conversations
which may have taken place between representatives of the Employer and the Intervenor
regarding the coverage of employees to be hired for the air conditioning department after
the period when the contract was executed.
' Matter of Rheem Manufacturing Company, 57 N L. R. B. 254.
MITCHELL MANUFACTURING COMPANY 1271
Roy Plating Company,' a subsidiary company, occupy the second floor.
A general office, a department for the assembly and manufacture of
i portable floor and table lamps, and a separate section devoted to the'
manufacture of portable lighting specialties occupy the third floor. A
departmef t devoted exclusively to the manufacture of commercial and
industrial fluorescent lighting fixtures occupies the fourth floor.
The general manager of factory operations is in charge of all depart-
ments. Under him a plant superintendent is responsible for coordi-
nating the work of certain manufacturing departments. The super-
intendent of the air conditioning department, however, reports directly
to the general manager. This department occupies a completely parti-
tioned space on the second floor of the building. Employees in the
department are not transferred to-or from other departments of the
plant. Except for the spraying of parts and some coil work, the entire
manufacture of air conditioning equipment is performed in the
department. Material for and products made and packed in the
department, however, pass through the plant shipping department,
which serves all departments in the plant.
We believe that employees in the air conditioning department may,
under these circumstances, constitute part of the production and main-
tenance unit or may properly constitute a separate bargaining unit.
We will conduct an election among employees in the air conditioning
department, excluding clerical employees and supervisory employees
within our customary definition of that term, to determine whether
they desire to be represented by the Petitioner or by the Intervenor or
by neither, and we will predicate, in part, our appropriate unit find-
ings upon the results of this election.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Mitchell-Manufacturing Company,
Chicago, Illinois, 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 Direc-
tor for the Thirteenth Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Sections
10 and 11, of National Labor Relations Board Rules and Regulations-
Series 3, as amended, among employees of the Employer in the air
conditioning department at its Clybourn Avenue plant, 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-
All products of Roy Plating Company are used by the Eniplover. Employees of Roy
Plating Company are not included in the Intervenor's production and maintenance unit.
1272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
roll period because they were ill or on vacation or temporarily, laid off,
and including emp]oyees-in the armed forces of the United, States who
present themselves in person at the polls, but excluding clerical em-
ployees, all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action, and 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 represented by International Brotherhood of
Electrical Workers; A. F. of L., or by Local 1121, affiliated with the
United Electrical, Radio Machine Workers of America, CIO, for the
purposes of collective bargaining, or by neither.
MR. JAMES J. REYNOLDS, JR., took no part in the consideration of the
above Decision and Direction of Election.