Peerless of America, Inc.

National Labor Relations Board - Board Decisions

Jul 18, 1940

25 N.L.R.B. 610 (N.L.R.B. 1940)

In the Matter Of PEERLESS OF AMERICA , INC. and REFRIGERATION
FITTERS, LOCAL 508 , A. F. L.
Case No. B-1918.-Decided July 18, 1940
Jurisdiction : refrigeration apparatus manufacturing industry.
Investigation and Certification of Representatives : existence of question:
refusal to accord recognition to union and request that certification be
obtained; election necessary.
Unit Appropriate for Collective Bargaining : production employees including
foremen's assistants, general mechanics, sheet-metal workers, shipping clerks,
welders, tube benders, tube benders' helpers, sheet-metal helpers, fin-coil
machine operators, carpenters, and carpenters' helpers.
Mr. A. H. Witt, of Los Angeles, Calif., for the Company.
Mr. F. A. McKenney, of Los Angeles, Calif., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 20, 1940, Refrigeration Fitters, Local 508, herein
called the Union, filed with the Regional Director for the Twenty-
first Region (Los Angeles, California) a petition alleging that a
question affecting commerce had arisen concerning the representation
of employees of Peerless of America, Inc., Los Angeles, California,
herein called the Company, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On June 13, 1940, 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 Reg-
ulations-Series 2, as amended, ordered an investigation and author-
ized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
On June 19, 1940, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the Union,
Los Angeles Industrial Union Council, and upon Los Angeles Central
25 N. L. R. B., No. 71.
610
PEERLESS OF AMERICA, INC. 611
Labor Council. Pursuant to the notice, a hearing was held on
June 25, 1940, at Los Angeles, California, before Sumner Marcus,
the Trial Examiner duly designated by the Board. The Company
was represented by the manager of its Los Angeles plant and the
Union by its business agent; both participated in the hearing. Full
opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing oil the issues was afforded all
parties. During the course of the hearing the Trial Examiner made
several rulings on motions and on objections to the admission of
evidence. The Board has reviewed the rulings -of the Trial Exam-
iner 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
I. THE BUSINESS OF THE COMPANY
Peerless of America, Inc., is engaged in the manufacture of re-
frigeration and air-conditioning coils, expansion valves, and other
appurtenances for air-conditioning and refrigeration. Its principal
offices are in Chicago, Illinois, and it maintains plants in New York
City; Dallas, Texas; and Los Angeles, California. This proceeding
is concerned only with the plant at Los Angeles.
During 1939 the Company purchased raw materials for the Los
Angeles plant valued at approximately $80,000, 90 per cent of which
were shipped to the Los Angeles plant from points outside the State
of California. During the same period the Company sold products
manufactured at the Los Angeles plant valued at approximately
$167,000, of which approximately 28 per cent were shipped from
the Los Angeles plant to points outside the State of California. Ap-
proximately 50 persons are employed in the Los Angeles plant.
H. THE ORGANIZATION INVOLVED
Refrigeration Fitters, Local No. 508, is a labor organization affil-
iated with the American Federation of Labor, admitting to mem-
bership all production employees in the Los Angeles plant of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
In March 1940 the Union requested the Company to bargain with
it as the exclusive representative of the employees in the Los
Angeles plant. The Company refused to bargain with the Union
until the Board certified that it had been designated as representative
of the majority of the employees in the Los Angeles plant.
612 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question has arisen concerning the representation
of employees of the Company.
,IV. THE EFFECT OF TIIE 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 commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company and the Union agreed at the hearing that the ap-
propriate unit should consist of all production employees in the
Los Angeles plant of the Company, including foremen's assistants,
general mechanics, sheet-metal workers, shipping clerks, welders, tube
benders, tube benders' helpers, sheet-metal helpers, fin-coil machine
operators, carpenters, and carpenters' helpers. We see no reason
for departing from such unit.
We find that all production employees in the Los Angeles plant
of the Company, including foremen 's assistants , general mechanics,
sheet-metal workers, shipping clerks, welders, tube benders, tube
benders' helpers, sheet-metal helpers, fin-coil machine operators, car-
penters, and carpenters' helpers, constitute a unit appropriate for
the purpose of collective bargaining, and that said unit will insure
to employees of the Company full benefit of their right to self-or-
ganization and to collective bargaining and otherwise effectuate
the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ,ballot. We shall direct that the employees of
the Company eligible to vote in the election shall be those in the
appropriate unit who were employed during the pay-roll period
immediately preceding the date of our Direction of Election herein,
including employees who did not work during such pay-roll period
because they were ill or on vacation and employees who were then
or have since been temporarily laid off, but excluding those employees
who have since quit or been discharged for cause.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
PEERLESS OF AMERICA, TNC.
CONCLUSIONS OF LAW
613
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Peerless of America, Inc.,, Los Angeles,
California, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All production employees in the Los Angeles plant of the Com-
pany including foremen's assistants, general mechanics, sheet metal
workers, shipping clerks, welders, tube benders, tube benders' helpers,
sheet-metal helpers, fin-coil machine operators, carpenters, and car-
penters' helpers, constitute a unit 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
Relations Act 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 Peerless of America, Inc., Los Angeles, California, 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 Twenty-
first 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 the production employees in the Los
Angeles plant of the Company who were employed during the pay-
roll period immediately preceding the date of this Direction of
Election, including foremen's assistants, general mechanics, sheet-
nietal workers, shipping clerks, welders, tube benders, tube benders'
helpers, sheet-metal helpers, fin-coil machine operators, carpenters,
carpenters' helpers, employees who did not work during such pay-
roll period because they were ill or on vacation, and employees who
were then or have since been temporarily laid off, but excluding
employees who have since quit or been discharged for cause, to de-
termine whether or not they desire to be represented by Refrigeration
Fitters, Local No. 508, affiliated with the American Federation of
Labor, for the purposes of collective bargaining.
Mn. WILLIAM M. LEISERSON took no part in the consideration of
the above Decision and Direction of Election.
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