Save Electric Corp.

National Labor Relations Board - Board Decisions

Sep 20, 1943

52 N.L.R.B. 767 (N.L.R.B. 1943)

In the Matter of SAVE ELECTRIC CORPORATION and LOCAL 380, UNITED
WHOLESALE AND PRODUCTION EMPLOYEES, AFFILIATED WITH UNITED
RETAIL, WHOLESALE AND DEPARTMENT STORE EMPLOYEES (CIO)
Case No. R-5939.-Decided September 20, 1943
Mr. Earl Smith, of Toledo, Ohio, for the Company.
Messrs. Edward Lamb and John Irwin, of Toledo, Ohio, for the
C. I. O.
Mr. Joseph A. Robie, of Toledo, Ohio, for the A. F. of L.
Miss Viola James, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition filed by Local 380, United Wholesale and
Production Employees, affiliated with United Retail, Wholesale and
Department Store Employees and the Congress of Industrial Organi-
zations, herein called the C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees
of Save Electric Corporation, Toledo, Ohio, herein called the Company,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Louis Plost, Trial Examiner. Said hearing
was held at Toledo, Ohio, on August 31, 1943. The Company, the
C. I. 0., and American Flint Glass Workers' Union of North America
Branch No. 553, affiliated with the American Federation of Labor,
herein called the A. F. of L., appeared and participated. All parties
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
The Trial Examiner's rulings made at the hearing are free from
prejudical error and are hereby affirmed. All parties were afforded
opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
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767
768 DECISIONS OF N"ATIGN''AL LABOR RELATION'S BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Save Electric Corporation, an Ohio corporation, is engaged at its
Toledo, Ohio, plant in the manufacture of incandescent lamps. The
principal raw materials used by the Company consist of tungsten,
copper, brass, nickel, and steel. During the year 1942, approximately
90 percent of the raw materials used at the plant, valued in excess
of $200,000, was purchased from points outside the State of Ohio.
During the same period, 90 percent of the finished products, valued
in excess of $500,000, was sold and shipped to points outside the State
of Ohio. The Company admits that it is engaged in commerce within
the meaning of the National Labor Relations 'Act.
II. THE ORGANIZATIONS INVOLVED
Local 380, United Wholesale and Production Employees, affiliated
-with United Retail, Wholesale and Department Store Employees
and the Congress of Industrial Organizations, and American Flint
Glass Workers' Union of North America, Branch No. 553, affiliated
with the American Federation of Labor, are labor organizations,
each admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 23, 1943, the C. I. O. notified the Company in writing that
it represented a majority of the Company's employees, and requested
recognition as the exclusive bargaining representative. The Com-
pany refused the request because of an existing contract with the
A. F. of L.
A statement of a Field Examiner of the Board introduced into
evidence at the hearing, indicates that the C. I. O. represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate:
The Company and the A. F. of L. are parties to an existing bar-
gaining contract, effective until September 6, 1943, and thereafter,
unless a 30-day notice of termination is given by either party. Inas-
much as the C. I. O.'s request for recognition was given shortly before
the expiration of the original term and prior to the beginning of the
automatic renewal period, the contract is not a bar to an election at
this time.' '
3 The Field Examiner reported that the C . I. 0. submitted 257 designations , 247 of which
bore apparently genuine original signatures ; 161, dated variously from April through
July 1943, bore the names of persons on the Company 's pay roll of July 30, 1943, which
lists 270 persons in the alleged appropriate unit.
E A previous petition filed by the C. I. 0. was dismissed by the Board "without prejudice
to the filing of a new petition near the close of the contract period " Matter of Save Electric
Corporation, 49 N. L R. B. 1030.
SAVE ELECTRIC CORPORATION 769
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In substantial agreement with the parties, we find that all employees
of the Company at its Toledo, Ohio, plant, including watchmen-
porters, but excluding office employees and all supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed, during the pay-
roll period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.
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 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Save Electric
Corporation, Toledo, Ohio, an election by secret ballot shall be con-
ducted 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 Eighth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, among the
employees in the unit found appropriate in Section IV, above, 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
temporarily laid off, and including the employees in the armed forces
of the United States who present themselves in person at the -polls,
but excluding any who have since quit or been discharged for cause,
770 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to determine whether they desire to be represented by Local 380, United
Wholesale and Production Employees, affiliated with United Retail,
Wholesale and Department Store Employees and the Congress of In-
dustrial Organizations, or by American Flint Glass Workers' Union
of North America, Branch No. 553, affiliated with the American Fed-
eration of Labor, for the purposes of collective bargaining, or by
neither.