Standard Felt Co.

National Labor Relations Board - Board Decisions

Jul 9, 1942

42 N.L.R.B. 237 (N.L.R.B. 1942)

In the Matter of STANDARD FELT Co , DIVISION OF HUNTINGTON LAND'
AND IMPROVEMENT COMPANY and TEXTILE WORKERS UNION OF
AMERICA, LOCAL 99, C. I. O.
Case No _ R-3964.Decided July 9, 1942
Jurisdiction : felt manufacturing industry
Investigation and Certification of Representatives : existence of question re-
fusal to accord petitioner recognition until certified by the Boai d , election
necessary
Unit Appropriate for Collective Bargaining : all production and maintenance
employees excluding office workers and supervisory employees
Mr Harold S. Cook, of Alhambra, Calif., for the Company.
Mr. Wm. W Johnke, of Los Angeles, Calif., for the Union.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Textile Workers Union of America,
Local 99, C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Standard Felt Co, Division of Huntington Land and
Improvement Company, Alhambra, California, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Charles M Ryan, Trial Ex-
aminer Said hearing was held at Los Angeles, California, on June
19, 1942 The Company and the Union appeared, participated, and
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
prejudicial error and are hereby affirmed
Upon the entire record in the case, the Board makes the following.
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
Standard Felt Co. is engaged in business under a registered trade
name and is an operating division of Huntington Land and Improve-
42NLRB,No 53
237
238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ment Company, a California corporation. It is engaged in the State
of California in the manufacture of wool and woolen cotton felt
During 1941, the Company purchased materials valued at approxi-
mately $635,000, of which approximately $127,000_ represented pur-
chases shipped from points outside the State of California During
the same period, the Company manufactured and sold felt, piano felt,
and piano hammers, valued at approximately $1,430,000, of which
$1,129,000 represented sales of finished products which were shipped
to points outside the State of California The Company admits that
it is engaged in commerce within the meaning of the Act
II THE ORGANIZATION INVOLVED
Textile Workers Union of America, Local 99, is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, ad-
mitting to membership employees of the Company.
III THE QUESTION CONCERNING REPRESENTATION
On or about May 9, 1942, the Union notified the Company that a
majority of the Company's employees had chosen it as their collective
bargaining agent, and requested a conference covering collective
bargaining negotiations The Company refused unless and until the
Union is certified by the Board
A report prepared by the Regional Director and introduced in
evidence at the hearing indicates that the Union represents a sub-
stantial number of the employees of the Company in the unit herein-
after found to be appropriate-
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 National Labor
Relations Act
IV. THE APPROPRIATE UNIT
The Union contends that all production and maintenance em-
ployees of the Company, excluding office workers and supervisory
employees, constitute a unit appropriate for the purposes of collec-
tive bargaining The Company contends that the maintenance em-
ployees should not be included in the group of production employees
on the giound that the maintenance employees engage in a type of
work different from that of the production employees
1 The Regional Director reported that the Union submitted 73 duplicate initiation cards
dated between November 1'940 and May , 1942 Of the 73 cards submitted, 66 bear ap-
parently genuine original signatures of-persons whose names appear on the Company's
pay roll of May 18, 1942 There are approximately 145 employees in the unit
STANDARD FELT CO 239
There are appioxlmately 15 or 20 maintenance employees They
do all mechanical repairing, take tale of the grounds, keep the equip-
ment in condition, undertake any construction work or repairs that
are of a minor character, and move heavy equipment The Union has
extended its organizational effoits among these employees, they are
eligible to membeiship in the Union and no other labor organization
is seeking to repiesent them It appears, moreover, that in 1937 a
consent election was held by the Board among the employees in the
pioduction and maintenance departments of the Company (Case
No XXI-R-397) We shall include maintenance employees in the
appropriate unit 2
We find that all pioduction and maintenance employees of the
Company, excluding office workeis and supervisory employees, con-
stitute a unit appropiiate foi 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 conceimng representation which
has aiisen be iesolved by an election by secret ballot among the
employees in the appropriate unit who were employed during the pay-
ioll period immediately preceding the date of our Direction of
Election herein, subject to the limitations and additions set forth
in said Direction
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Boaid by Section 9 (c) of the National Labor Re-
lations Act, and pursuant to Article III, Section 8, of National Labor
Relations Boaid Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain repte-
sentatives for the piu poses of collective bargaining with Standard
Felt Co, Division of Huntington Land and Improvement Company,
Alhambra, Califoinia, an election by secret ballot shall be conducted
as early as possible but not later than thirty (30) days from the
date of this Diiection, 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 the
employees in the unit found appropriate in-Section IV, above, who
2 See Matter of Sun Tent -Luebbert Co and Tewttle Workers anon of Amerwa , Local
99,0IO , 37NLRB899
240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
were employed during the pay-roll period immediately pieceding
the date of this Direction, including employees who did not work
during said pay-roll period because they weie ill or on vacation or
in the active military service or tiaining of the United States, or
temporarily laid off, but excluding employees who have-since quit
or been discharged for cause, to determine whether or not they
desire to be iepresented by Textile Workers Union of America,
Local 99, C 1 0, for the purpose of collective bargaining
c
In the Matter Of STANDARD FELT Co, DIVISION OF HUNTINGTON LAND
AND IMPROVEMENT COMPANY and TEXTILE WORKERS UNION OF AMER-
ICA, LOCAL 99, C I 0
Case No R-3964
CERTIFICATION OF REPRESENTATIVES
August 8, 1942
On July 9, 1942, the National Labor Relations Board issued its
Decision and Direction of Election in the above-entitled pioceeding.1
Puisualit to the Direction of Election, an election by seciet ballot was
conducted on July 24, 1942, under the direction and supeivision of
the Regional Director fox the Twenty-first Region (Los Angeles, Call-
folnia) On July 25, 1942, the Regional Director, acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, issued and duly seived upon the
pai ties an Election Repoit. No objections to the conduct of the bal-
lot or to the Election Report have been filed by any of the pasties
As to the balloting and its i esults, the Regional Diiector 1 epos ted
as follows
Total on eligibility list-------------------------------------- 153
Total ballots cast------------------------------------------ 134
Total ballots challenged ------------------------------------- 2
Total blank ballots__________________________________________ 0
Total void ballots------------------------------------------- 0
Total Valid votes cast--------------------------------------- 132
Votes cast for Textile Woikeis Union of America, Local 99,
C I 0--------------------------------------------------- 80
Votes cast against Textile Woikeis Union of America, Local 99,
C I 0--------------------------------------------------- 52
By virtue of and pursuant to the power vested in the National
Labor Relations Boaid by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY CERTIFIED that Textile Workers Union of Ameilca, Lo-
cal 99, C I 0, has been designated and selected by a majority of all
production and maintenance employees of Standard Felt Co , Division
1 42 N L R B 237
42NLRB,No53a
472814-d2-N o1 42--16 241
fi
242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of Huntington Land and Improvement Company, Alhambi a, Cali-
fornia, excluding office workers and supervisory employees, as their
representative for the purposes of collective bargaining and that,
pursuant to Section 9 (a) of the National Labor Relations Act, Textile
Workers Union of America, Local 99, C. 10., is the exclusive repre-
sentative of all such employees for the purposes of collective bargain-
ing in respect to rates of pay, wages, hours of employment, and other
conditions of employment.