Peerless Novelty Co.

National Labor Relations Board - Board Decisions

Nov 15, 1941

37 N.L.R.B. 622 (N.L.R.B. 1941)

In the Matter Of PEERLESS NOVELTY COMPANY and INTERNATIONAL
UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, LOCAL 731,
AFFILIATED WITH THE A. F. L.
Case No. R-3301.Decided November 15. 1941
Jurisdiction : sun visors and novelties manufacturing, selling, and distributing
industry -
Investigation and Certification of Representatives : existence of question: re-
fusal to recognize the union as the exclusive representative of its employees
until and unless the Board certifies it as such representative; election
necessary.
Unit Appropriate for Collective Bargaining : all hourly and piece-rated em-
ployees, watchmen, firemen, maintenance men, and inspectors, excluding time-
keepers, office employees, all foremen and assistant foremen, supervisory em-
ployees above the rank of assistant foreman, employees having the right to
hire and fire, and engineers
Mr. Leo C. Lillie, of Grand Haven, Mich., for the Company.
Mr. Edward T. Donahue, of Spring Lake, Mich., for the Union.
Mr. George A. Koplow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 6, 1941, International Union, United Automobile
Workers of America, Local 731, affiliated with the A. F. L., herein
called the Union, filed with the Regional Director for the Seventh
Region (Detroit, Michigan) a petition alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Peerless Novelty Company, Grand Haven, Michigan, herein called
the Company, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, herein called the Act. On October 28, 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
National Labor Relations Board Rules and Regulations-Series 2, as
amended, ordered an investigation and authorized the Regional Di
37 N. L R. B., No 102
622
PEERLESS NOVELTY COMPANY 623
rector to conduct it and to provide for an appropriate hearing upon
due notice.
On November 6, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
the Union. Pursuant to notice, a hearing was held on November 18,
1941, at Grand Haven, Michigan, before Harry N. Casselman, the
Trial Examiner duly designated by the Chief Trial Examiner. The
Company and the Union were represented by counsel and partici-
pated 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. During the course, of the hearing
the Trial Examiner made several rulings regarding the admission
of exhibits. The Board has reviewed these rulings and finds that no
prejudicial errors were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following;
FINDINGS, OF FACT
1. THE BUSINESS OF THE COMPANY
Peerless, Novelty Company,, a Michigan corporation with its prin-
cipal plant and office at Grand Haven, Michigan, is engaged in the
manufacture, sale, and distribution of sun visors. and a variety of
novelties. In the manufacture of its products, during 1940 the Com-
pany used a variety of raw materials, amounting in value to approxi-
mately $150,000, of which approximately 90 per cent were shipped
to the plant from points outside the State of Michigan. During 1940
the total value of finished products of the Company was approxi-
mately $300,000; of which approximately 90 per cent were shipped
to points outside the State of Michigan. The Company admits that
it is engaged in commerce within the meaning of Section 2 (6) and
(7) of the Act.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile Workers' of America,
Local 731, affiliated with the American Federation of Labor, is a
labor organization admitting to its membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive repre-
sentative of its employees until and unless the Board certifies it as
such representative.
There was introduced into evidence a statement of the Regional
Director showing that the Union represents a substantial number of
624 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees of the Company in • the unit hereinafter found to be
appropriate.'
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING nl.Pl E.RNTA'I ION 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 commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company and'the Union stipulated and we find that all hourly
and piece rated employees, watchmen, firemen, maintenance men, anal
inspectors at the Company's plant at Grand Haven, Michigan, ex-
cluding timekeepers, office employees, all foremen and assistant fore-
men, supervisory employees above the rank of assistant foreman, all
employees having the power to hire and fire, and engineers, constitute
a unit appropriate for the purposes of collective bargaining. We
further find 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 will 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
parties request that for the purpose of determining eligibility to
vote in an election, the Board use the pay-roll date of September 5,
1911, which was the pay-roll date last preceding the filing of the
petition, but expressed no reason for this preference. We see no
reason for departing from our usual practice, and shall therefore
direct that those eligible to vote in the election shall be the employees
in the appropriate unit who were employed by the Company during
the pay-roll period immediately preceding the date of our Direction
of Election, subject to the limitations and additions set forth in
the Direction.
1 The Regional Director stated that the Union had submitted to him 94 official applica-
tions for membership cards, of which 84 were dated in August 1941 and 10 in September
1941 Seventy-five of the 94 cards bore apparently genuine original signatures of persons
within the unit claimed by the Union as appropriate , whose names were on the October 16,
1941 , pay roll of the Company , There are approximately 100 to 129 employees in the unit
hereinafter found to be appropriate.
PEERLESS NOVELTY COMPANY 625
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 donserce.has arisen concerning the repre-
-sentation of employees of Peerless Novelty Company, Grand Haven,
Michigan, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the Act.
2. All hourly and piece=rated employees, watchmen, firemen, main-
tenance men, and inspectors at the Company's plant at Grand Haven,
Michigan, excluding timekeepers, office employees, all foremen and
assistant foremen, supervisory 'employees above the rank of assistant
foreman, employees having the power to hire and fire, and engineers,
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, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it
is hereby
DIREcrED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Peerless Novelty Company, Grand Haven, 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 of Election,
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, Section 9, of said
Rules and Regulations, among all hourly and piece-'rated employees,
watchmen, firemen, maintenance men, and inspectors at the Com-
pany's plant'at Grand Haven, Michigan, 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 in the active military service
or training of the United States or temporarily laid off, but excluding
timekeepers, office employees, all foremen and assistant foremen,
supervisory employees above the rank of assistant foreman, all em-
ployees having the power to hire and fire, engineers, and those who
have since quit or been discharged for cause, to determine whether
or not they desire to be represented by International 'Union, United
Automobile Workers of America, Local 731, affiliated with the
A. F. L., for the purposes of collective bargaining.