Singer Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 20, 1938

8 N.L.R.B. 434 (N.L.R.B. 1938)

In the Matter of SINGER MANUFACTURING COMPANY and UNITED
ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, LOCAL
No. 917
Case No. R-848.-Decided July 20,1938
Sewing Machine Manufacturing Industry-Investigation of Representatives:
controversy concerning representation of employees: controversy concerning ap-
propriate unit ; refusal by employer to recognize petitioning union-Unit Ap-
propriate for Collective Bargaining : production and maintenance employees,
excluding clerical and supervisory employees , timekeepers and technicians ; con-
troversy as to inclusion of inspectors in-Representatives : proof of choice:
comparison of pay roll with union membership cards-Certification of Repre-
sentatives : upon proof of majority representation.
Mr. Lee Loevinger, for the Board.
Burlingame, Nourse c Pettit, by Mr. Arthur E. Pettit, . of New
York City, and Jones, Obenchain . Butler, by Mr. Roland Obenchain,
of South Bend, Ind., for the Company.
Mr. James Pascoe, of Fort Wayne, Ind., for the United.
Mr. William F. Guffey, Jr., of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On\May 31, 1938, United Electrical, Radio and Machine Workers
of America, Local No. 917, herein called the United, filed with the
Regional Director for the Thirteenth Region (Chicago, Illinois) a
petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Singer Manufacturing
Company, South Bend, Indiana, herein called the Company, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On June 7, 1938, 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 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,
8 N. L. R. B , No. 50.
434
DECISIONS AND ORDERS 435
By stipulation of counsel for all parties entered into on May 25,
1938, hearing on the petition was waived and it was agreed that
there should be considered as the record on the petition the record
as made at a hearing in a case based upon a complaint against the
Company 1 held pursuant to due notice on May 23, 24, and 25, 1938,
at South Bend, Indiana, before George Bokat, the Trial Examiner
duly designated by the Board. The Board and the Company were
represented by counsel and the United was represented by Mr.
James B. Pascoe, international representative of the United, and
all participated in- the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues was afforded all parties. On the basis of that
stipulation the record as made in the previous case is considered in
every respect as though made at a, hearing on the petition. During
the course of the hearing the Trial Examiner made several rulings
on motions and on objections to the admission of evidence. There-
after, on July 12, 1938, oral argument on the petition was had before
the Board in Washington, D. C. The Company and the United
appeared and presented arguments. The Company was permitted
to file its memorandum brief. 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 Or TIIE COMPANY
Singer Manufacturing Company is a corporation incorporated in
February 1873, under the laws of the State of New Jersey, having
its principal place of business at Elizabeth, New Jersey.
The Company is engaged directly and through various subsidiary
and affiliated corporations in the manufacture, assembly, sale, and
distribution of domestic and industrial sewing machines, electric
motors, sewing machine cabinets, vacuum cleaners, electric irons,
electric shears, and other household and industrial electrical appli-
ances.
The Company is and at all times in question has been operating a
plant located at South Bend, Indiana, herein called the South Bend
plant, engaged in the manufacture and distribution of wooden cabi-
nets and in the installation of motors and other equipment in the
cabinets.
The raw material moving from points outside the State of Indiana
into the South Bend plant aggregates approximately 860 carloads
Case No. XIII-C-621 . Stipulation referred to appears at page 345 of the record.
11721.3-39-vol. 8 --29
436 NATIONAL LABOR RELATIONS BOARD
annually, including 620 carloads of coal. The materials and finished
products moving from the South Bend plant to points outside the
State of Indiana aggregate approximately 680 carloads annually.
II. THE ORGANIZATION INVOLVED
United Electrical, Radio and Machine Workers of America, is a
labor organization affiliated with the Committee for Industrial Or-
ganization, herein called the C. I. 0., admitting to its membership
all employees of any manufacturer of electrical machinery and prod-'
ucts, instruments, tools and dies, light and medium machinery, ma-
chine tools and allied products, as well as all employees engaged in
the service, repair, and installation of electrical machinery and
equipment, and employees of all electric light and power utilities.
Local No. 917 is a unit of the United admitting to membership all
employees of the Company's South Bend plant within the jurisdic-
tion of the United.
III. THE QUESTION CONCERNING REPRESENTATION
During the latter part of 1936 employees of the Company's South
Bend plant started to organize. On or about December 15, 1936,
certain of these employees received a charter from United Automo-
bile Workers, herein called the U. A. W. Temporary officers were
elected and on or about March 2, 1937, the first regular election of
permanent officers was held. At this time the local organization
was known as U. A. W., Local No. 200, herein called Local No. 200.
During the period of affiliation with U. A. W. attempts to bargain
with the Company were commenced. On April 24, 1937, representa-
tives of Local No. 200 conferred with officers of the Company. At
this conference Local No. 200 announced that it represented a major-
ity of the employees and asked for a collective bargaining agreement.
The Company refused to sign any agreement.
On or about July 20, 1937, Local No. 200 voted to affiliate with the
United. Most of the members signed application cards again, this
time for membership in the United. The officers, books, and all
physical properties remained the same as while affiliated with
U. A. W. On or about July 23, 1937, the United issued a charter to
the organized employees of the Company and the Union then became
known as Local No. 917 of the United.
Many conferences were had for the purpose of collective bargain-
ing but no satisfactory agreement was ever reached. At these con-
ferences the Company stated it was meeting the men as employees
merely and not as representatives of the United.
We find that a question has arisen concerning representation of
employees of the Company.
DECISIONS AND ORDERS 437
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 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 United alleged in its petition that a unit composed of all pro-
duction and maintenance employees, exclusive of technicians, time-
keepers, supervisory and clerical employees, would be appropriate for
the purpose of collective bargaining. The Company declined to com-
mit itself as to what it considered an appropriate bargaining unit.
However, the Company (lid state that inspectors and watchmen were
considered by the Company to be management employees rather than
production employees. At the oral argument respondent stated that
it was not raising any question as to the inclusion of watchmen in
the unit, but reiterated its claim that inspectors were a part of the
management and should not be included in the unit. The United
contended that inspectors are production employees and should be
included in the unit. We think the duties of watchmen place them
within the unit, and since the United expressed no objection to their
inclusion, we shall include them in the unit. The inspectors examine
the products as they come from the workmen, correct minor defects,
and where major defects are found, return the products to the work-
men for correction. We think this is a part of production and we
shall include inspectors in the unit.
We find that the production and maintenance employees of the
Company's South Bend plant, excluding clerical and supervisory
employees, timekeepers, and technicians, constitute a unit appropriate
for the purposes of collective bargaining and that said unit will in-
sure to employees of the Company the full benefit of their right to
self-organization and to collective bargaining and otherwise effectu-
ate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The United alleged in its petition that it represented approximately
689 out of approximately 890 eligible employees. The evidence ad-
duced at the hearing substantiates this allegation. Since there is no
evidence concerning the total number of employees in the appropriate
unit as of the date of the hearing, and since the Company submitted
438 NATIONAL LABOR RELATIONS BOARD
data taken from the pay roll as of March 19, 1938, without objection
from the other parties, we shall consider March 19, 1938, as the
appropriate pay-roll date for purposes of determination of
representatives.
It appears from the record that on March 19, 1938, the Company's
pay roll showed 942 employees. Of this number 890 were engaged
in production and maintenance. The membership cards of the
United include 689 of the 890 production and maintenance em-
ployees on the Company's pay roll as of this date. Hence, it appears
that on this date the United represented more than 77 per cent of all
employees then in the appropriate unit. In addition, the Company
stated several times at various conferences, as well as at the hearing,
that it was not questioning the representation of a majority by the
United.
We find that the United has been designated and selected by a
majority of the employees in the appropriate unit as their represen-
tative for the purposes of collective bargaining. It is, therefore, the
exclusive representative of all the employees in such unit for the
purposes of collective bargaining, and we will so certify.
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 commerce has arisen concerning the repre-
sentation of employees of Singer Manufacturing Company at South
Bend, Indiana, within the meaning of Section 9 (c) and Section 2
(6) and (7) of the National Labor Relations Act.
2. The production and maintenance employees of the Company's
plant at South Bend, Indiana, excluding clerical and supervisory
employees, timekeepers, and technicians, constitute a unit appropri-
ate for the purposes of collective bargaining, within the meaning of
Section 9 (b) of the National Labor Relations Act.
3. United Electrical, Radio, and Machine Workers of America,
Local No. 917, is the exclusive representative of all the employees
in such unit for the purposes of collective bargaining, within the
meaning of Section 9 (a) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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 1, as amended,
DECISIONS AND ORDERS 439
IT IS HEREBY CERTIFIED that United Electrical, Radio and Machine
Workers of America, Local No. 917, has been designated and selected
by a majority of the production and maintenance employees of
Singer Manufacturing Company at its plant at South Bend, Indiana,
excluding clerical and supervisory employees, timekeepers, and tech-
nicians, as their representative for the purposes of collective bar-
gaining and that, pursuant to the provisions of Section 9 (a) of
the Act, United Electrical, Radio and Machine Workers of America,
Local No. 917, is the exclusive representative of all such employees
for the purpose of collective bargaining in respect to rates of pay,
wages, hours of employment, and other conditions of employment.