Sprague Electric Co.

National Labor Relations Board - Board Decisions

Jul 26, 1944

57 N.L.R.B. 691 (N.L.R.B. 1944)

In the-Matter of SPIiA6UE ELECTRIC COMPANY and UNITED ELECTRICAL,
RADjo,AND M9cxrRt.E Woumws OF AMERICA (CIO)
Case No. 1-R-1864.-Decided July 26, 1944
Mr. William J. Nolan, of Boston, Mass., and Mr. Ralph. A. Lind,
of New -York City,,for the Company.
David Scribner, by Mr. Frederick R. Livingston, of New York City,
and Messrs. Gerard Steinberg and Leo Potegal, of North Adams,
Mass. , -for the C., I. O.
Mr. Andrew J. Dilk of Adams, Mass., and Mr. John N. Aberti, of
North Adams, Mass., for the Independent.
Mrs. Catherine--W. Goldi qn, of counsel to the Board.
DECISION
AND
DIRECTION OF,, ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Electrical, Radio and Machine-
Workers of America ( CIO), herein called the C . I. 0., alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of ' Sprague Electric Company ,' North Adams,,
Massachusetts , herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Leo J. Halloran , Trial Examiner . Said hearing was held at,,
North Adams, Massachusetts , on June 8 , 1944. At the hearing the-
Trial Examiner granted a motion to intervene made by Independent
Condenser Workers Union Number 2, herein called the Independent..
The Company , the C . I. 0., and the Independent , appeared and par-
ticipated . The Independent moved to dismiss the petition; 2 and.
the Trial Examiner referred the motion to the Board. For reasons
hereinafter stated, the motion is hereby denied. All parties were-
'At the hearing, a motion was granted to amend the caption and formal papers in the
proceeding so that the Company would be designated by its correct name rather•than by its
for mer name of "Sprague Specialties Company." -
s The Independent based its motion to dismiss on three grounds : (1), that the C: I O.
had not made a substantial showing of'representation ; (2) that the filing of the petition
was not timely; and (3 ) that an existing contract between the Independent and the.
Company operates as a bar to this proceeding. -
57 N L R. B., No. 112. - -
691
N
692 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 prejudicial
error and are hereby affirmed. All parties were afforded an oppor-
tunity, to. file briefs- with the-, Board. , .
Upon the entire record in the case,-the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Sprague Electric Company, a 'Massachusetts corporation with-its
principal office in North Adams, Massachusetts, where it operates three
plants; -is engaged in the manufacture of electronic devices for Army
and Navy Service. During 1943, the Company purchased raw mate-
rials' amounting 'in value to approximately $2,000,000, 90 percent of
which was shipped from points outside the Commonwealth of Massa-
chusetts. During 'the same period the Company-sold finished products
amounting in value to approximately $8;000;000, 90 percent of which -
was shipped to points outside the Commonwealth of Massachusetts.
The Company's entire production is devoted to the war effort.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Electrical, Radio and Machine Workers of America, of-.
filiated with the Congress of Industrial Organizations, is a labor
organization admitting to membership employees of the Company.
Independent Condenser Workers Union Number 2 is an unaffiliated
labor organization admitting to membership employees of the
Company.
III . THE QUESTION CONCERNING REPRESENTATION
On February 18, 1944, the C. I. O. notified the Company that it-
represented a majority of the Company's employees; and on March
2, 1944, the Company refused to recognize the, C. I. O. as the exclusive
bargaining representative of its employees because of its contractual
relationship' with the Independent. Thereafter, on April 7, 1944, the
C. I. O. filed its petition in this proceeding. '
The contractual relationship between the Company and the Inde-
pendent has existed since 1937. The contract, urged by the Company
and the Independent as a bar to a present determination of representa-
tives, was executed.- on March 25, 1942. This contract recognized the
Independent as the exclusive bargaining representative of the Com-
SPRAGUE ELECTRIC COMPANY l 693
pany's employees, granted a general' wage increase, and provided that
it should remain in effect for 1 year and from year to year thereafter,
subject to the right of either party to terminate the agreement at, the
end of-any yearly period by written notice before March 1, or at any
time by mutual agreement. Following the execution of the contract,
the Company and the Independent met regularly and considered
grievances and conditions of employment. The agreements resulting
from their negotiations were customarily posted on bulletin boards
in the plants, but-were. never embodied in a formal document signed
by the parties. On April 18, 1944, however, the Company and the
Independent executed an agreement, supplementary to the contract
of March,25, 1942, which contained provisions regarding wages, hours,
seniority, and other terms and conditions of employment.
The Company and the Independent contend that the contract of
March 25, 1942, was automatically renewed in March 1944, and that,
supplemented by the agreement of April 18,,1944, it constitutes a bar
to "this proceeding. However, the C. I. O.'s claim of representation
was presented prior to the effective date of the automatic renewal
clause of the contract of March 25, and prior to the execution of the
agreement of "April 18:,, 'Accordingly, we find that the contract between
the Company • and the Independent cannot operate to bar a present
investigation concerning representation." - -
A statement of a Board,agent, introduced into evidence at the hear-
ing, indicates that the C. I. O. represents a substantial number of -
employees in the unit hereinafter found appropriate.4
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"
We find, substantially in accordance with an agreement of the
parties, that all employees of the Company's plants at North Adams,
Massachusetts, -including watchmen and sample department em-
ployees, but excluding engineering department employees, laboratory
department employees, office and clerical employees, executives, fore-
men, assistant foremen, and all other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees or effectively 'recommend such
, See Matter of Mid West Body and )Mfg. Division Electrographio Corporation, 56
N. L. R. B . 1537. 5
The Field Examiner reported that the C. I. O. submitted 1,032 authorization cards ;
that the cards were dated between March 1943 and March 1944. There are approximately
2,700 employees in the appropriate unit. -
The Independent relies upon its contract to establish its interest in'the proceeding.
1694 DECISIONS - OF NATIONAL ,. LABOR • RELATIONS BOARD
•.action ,5 constitute a unit ' appropriate for the purposes of collective
,-.bargaining s within the meaning of Section 9 ^ (b) of the Act. .
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that.the-questionMconcernilig 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.7 _
DIRECTION OF ELECTION
By virtue, of and pursuant to the power vested in the National Labor
lRelations 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 3, as amended, it is hereby
DIRECTED that, as part. of •th6-investightk9n to ascertain representa-
,-tives for the purposes of collective bargaining with Sprague Electric
Company, North Adams, Massachusetts, 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 supervi-
sion of the Regional Director for the First 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. in
work during said pay-roll period because they were ill or on vacation
or temporarily laid'off, and including 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 -and
have not been rehired or reinstated prior to the date of the election,
to determine whether they desire to be represented by United Elec-
trical, Radio and Machine Workers of America, affiliated with the
Congress of .Industrial Organizations, or by Independent Condenser
Workers Union Number 2, for the purposes of collective bargaining,
or by neither. • .
S The parties agree that persons designated on the pay roll as supervisors , but in fact
;performing the duties ordinarily performed by group leaders , do not possess supervisory
authority within the above definition , and that the unit described contemplates their
inclusion. .
This unit is substantially the same as that covered by the contract between the Company
, and the Independent.
7 The C. I. 0. requests that it appear on the ballot by the name United Electrical, Radio
and Machine Workers of America ( CIO), and by the abbreviation UE-CIO. The Independ-
ent requests that it appear on the ballot by the name Independent Condenser workers
i'Union Number 2 and , by the abbreviation I.- C. W. No. 2. The requests are hereby, granted.