Richardson Co.

National Labor Relations Board - Board Decisions

Jan 11, 1938

4 N.L.R.B. 835 (N.L.R.B. 1938)

In the Matter Of RICHARD SON COMPANY and LOCAL UNION No. 442,
U. A. W. A.
Case No. R-385.-Decided January 11, 1938
Battery and Parts Manufacturing-Investigation of Representatives: con-
troversy concerning representation of employees : rival organizations ; refusal
of employer to recognize petitioning union as exclusive bargaining agent until
question of representation is determined-Unit Appropriate for Collective
Bargaining : production and maintenance employees-Election Ordered
Mr. Walter B. Ch,elf, for the Board.
Cllr. Carl Lehmann, of Cincinnati, Ohio, for the Company.
Mr. Ralph Riddle, of Indianapolis, Ind., for the U. A. W. A.
Mr. Hugh J. Gormley, of Indianapolis, Ind., for the Federal
Union.
Mr. J. Mark Jacobson, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 14, 1937, Local Union No. 442, United Automobile
Workers of America, herein called the U. A. W. A., filed with the
Regional Director for the Eleventh Region (Indianapolis, Indiana)
a petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Richardson Company,
Indianapolis, Indiana, herein called the Company, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On October 8, 1937, the National Labor Relations
Board, herein called the Board, acting pursuant to Section 9 (c)
of the Act, and Article III, Section 3, of the National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended, ordered
an investigation and authorized the Regional Director to conduct
it and to provide for an appropriate hearing upon due notice.
On October 20, 1937, the Regional Director issued a notice of hear-
ing and on October 26, 1937, a notice of change of time of hearing,
copies of which were duly served upon the Company, upon the
U. A. W. A., and upon Federal Labor Union No. 21,197, American
835
836 NATIONAL LABOR RELATIONS BOARD
Federation of Labor, herein called the Federal Union, a labor organ-
ization purporting to represent employees directly affected by the
investigation. Pursuant to the notices, the hearing was held on
November 2 and 3, 1937, at Indianapolis, Indiana, before Lawrence J.
Kosters, the Trial Examiner duly designated by the Board. The
Board and the Company were represented by counsel; the U. A. W. A.
and the Federal Union, by their agents. All participated in the
hearing. Full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues was af-
forded all the 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 Examiner 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
During the hearing counsel for the Company read into the record
the following stipulation concerning the business of the Company :
The Richardson Company is und has been, since March 1,
1898, a corporation organized under and existing by virtue of the
laws of the State of Ohio, with its principal office located at
Lockland, Ohio, and has since that time qualified to do business
in the State of Indiana, and other states, as a foreign corpora-
tion, and operates various plants in Melrose, Illinois; Indianap-
olis, Indiana ; and New Brunswick, New Jersey. During the
month of May 1933, it started the operation of its plant located
at 20th and Olney Streets, Indianapolis, Indiana, and has since
employed from 200 to 275 employees in said plant.
The general business of the Company is the manufacture and
sale of molded products and at its Indianapolis plant it manu-
factures chiefly battery cases, covers and vents. The raw ma-
terials chiefly used in its manufacturing operations at thel
Indianapolis plant are as follows : Reclaimed rubber, crude rub-
ber, sulphur, asphalt, clay, fillers, softeners, lime and other ma-
terials. More than 50 per cent of its raw materials have been
shipped to its said plant from points outside the State of
Indiana by common carriers, either rail or independent truck
operators.
More than 50 per cent of its finished products are shipped by
it direct from said plant to customers located outside the State
of Indiana. The bulk of its said finished products is further
processed or assembled by its customers and by them shipped
throughout the states of the United States. Most of the Com-
DECISIONS AND ORDERS 837
pany's finished products are shipped direct to its customers by
common carriers, either rail or independent truck operators.
The Company employs salesmen who travel throughout the
United States receiving orders for goods produced by the Com-
pany at its various plants including its Indianapolis plant and
the Company has advertised its products in various trade jour-
nals having a nation-wide circulation.
II. THE ORGANIZATIONS INVOLVED
Local Union No. 442, United Automobile Workers of America, is
a labor organization affiliated with the Committee for Industrial
Organization. It admits to membership production employees of
the Company, and excludes supervisory, clerical, and maintenance
employees and watchmen.
Federal Labor Union No. 21,197 is a labor organization affiliated
with the American Federation of Labor. It admits to membership
all employees of the Company, except supervisory and clerical
employees.
III. THE QUESTION CONCERNING REPRESENTATION
At the end of August or beginning of September 1937, a com-
mittee representing the U. A. W. A. met with officials of the Com-
pany; they discussed plant grievances and reserved for a later time
matters pertaining to collective bargaining. On September 7, 1937,
the U. A. W. A. committee presented to the Company a draft of a
proposed exclusive bargaining agreement. Due to the absence of the
Company's vice-president, no negotiations were commenced at that
time. On the same date, the Federal Union sent the Company a
letter and a draft of a proposed exclusive bargaining agreement. On
September 13, 1937, the Company officials held conferences with rep-
resentatives of the U. A. W. A. and the Federal Union and informed
them that the Company was ready to proceed with negotiations in
the nature of collective bargaining as soon as it was determined which
union had the right to conduct such bargaining for its employees.
We find that a question has arisen concerning 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 1, 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.
838 NATIONAL LABOR RELATIONS BOARD
V. THE APPROPRIATE UNIT
The U. A. W. A. in its petition for an investigation and certification
of representatives claimed that all production employees of the Coin-
pany constituted a unit appropriate for the purposes of collective
bargaining . As stated above, the U. A. W. A. excludes from member-
ship maintenance employees as well as supervisory and clerical em-
ployees and watchmen . The Federal Union excludes only supervisory
and clerical employees.
The record does not indicate any important differences between
production and maintenance workers, nor any reasons for the exclu-
sion of maintenance employees from the bargaining unit. Conse-
quently maintenance employees will be included in the unit.
In accordance with our usual practice where no evidence is intro-
duced to indicate that they should be included in the unit with the
production and maintenance employees , we exclude foremen, other
supervisory employees , clerical employees, and watchmen.
We find that the production and maintenance employees of the
Company at its Indianapolis, Indiana, plant , excluding foremen,
other supervisory employees , clerical employees , and watchmen, con-
stitute a unit appropriate for the purposes of collective . bargaining
and that said unit will insure to employees of the Company the full
benefit of their right to self -organization and collective bargaining
and otherwise to effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
No evidence was introduced at the hearing upon the basis of which
we could make a finding that a majority of the employees in the
appropriate unit have designated and selected a representative for
the purposes of collective bargaining . We, therefore , find that an
election by secret ballot is necessary to resolve the question con-
cerning representation.
In accordance with our usual practice , we find that the employees
in the appropriate unit who were employed by the Company in the
pay-roll period immediately preceding the date of the petition herein,
September 14, 1937, excluding those who have since quit or been
discharged for cause , shall be eligible to vote.
On the basis of the above findings of fact and upon the entire
record in the proceeding , the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Richardson Company at its Indianapolis,
Indiana, plant , within the meaning of Section 9 (c) and Section 2
( 6) and ( 7) of the National Labor Relations Act.
DECISIONS AND ORDERS 839
2. The production and maintenance employees of the Company
at its Indianapolis, Indiana, plant, excluding foremen, other super-
visory employees, clerical employees, and watchmen, 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, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1, as
amended, it is hereby
DIRECTED that, as a part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Richardson Company, Indianapolis, Indiana, an election by
secret ballot shall be conducted within fifteen (15) days from the
date of this Direction, under the direction and supervision of the
Regional Director for the Eleventh 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 the production
and maintenance employees of Richardson Company at its Indianap-
olis, Indiana, plant, who were employed by it in the pay-roll period
immediately preceding September 14, 1937, excluding foremen, other
supervisory employees, clerical employees, watchmen, and those who
have since quit or been discharged for cause, to determine whether
they desire to be represented by Local Union No. 442, United Auto-
mobile Workers of America, affiliated with the Committee for Indus-
trial Organization, or Federal Labor Union No. 21,197, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining, or by neither.
MR. DONALD WAKEFIELD SMITH took no part in the consideration
of the above Decision and Direction of Election.
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