Standard Plating Works

National Labor Relations Board - Board Decisions

Aug 20, 1940

26 N.L.R.B. 871 (N.L.R.B. 1940)

In the Matter of STANDARD PLATING WORKS and METAL POLISHERS,
BUFFERS, PLATERS, AND HELPERS INTERNATIONAL UNION, A. F.
OF L.
Case No. R-1996.-Decided August 20, 19/0
Jurisdiction : electro-plating industry
Investigation and Certification of Representatives : stipulationTas to existence
of question concerning representation and the necessity for an election to
resolve the question.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees excluding foremen, supervisors, and clerical employees; stipulation as to.
Mr. Robert R. Rissman, for the Board.
Mr. Verne G. Cawley, for the Company.
Mr. Ray Kelsay, for the Union.
Miss Marcia Hertzmark, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 26, 1940, Metal Polishers, Buffers, Platers, and Helpers
International Union, A. F..of L., herein called the Union, filed with
the Regional Director for the Thirteenth Region (Chicago, Illinois)
a petition alleging that a'question affecting commerce had arisen
concerning the representation of employees of Standard Plating
Works, Goshen, Indiana, herein called the Company, and requesting
an investigation and certification of representatives pursuant to
Section 9 (c) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. On August 7, 1940, 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 Relations
Board Rules and Regulations-Series 2, as amended, ordered an
investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice.
On August 8, 1940, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
On August 9, 1940, the Company, the Union and counsel for the Board
entered into a Stipulation and-Agreement providing as follows:
26 N. L. R. B., No. 92 '
871
872 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
STIPULATION AND AGREEMENT
IT IS HEREBY STIPULATED AND AGREED, by and between Stand-
ard Plating Works, Incorporated, hereinafter called the com-
pany, Metal Polishers, Buffers, Platers, and Helpers International
Union, A. F. of L., hereinafter called the union, and Robert R.
Rissman, Attorney, National Labor Relations Board, that:'
On July 26, 1940, the union filed with the National Labor Rela-
tions Board, Region Thirteen, a petition, alleging that a question
affecting commerce had arisen concerning the representation of
the employees of the company, and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat. 449, hereinafter called
the Act.
On August 7, 1940, the National Labor Relations Board, here-
inafter called the Board, acting pursuant to Section 9 (c) of the
Act, Article III, Section 3, of the National Labor Relations Board
Rules and Regulations-Series 2; as amended, ordered an investi-
gation and authorized the Regional Director to conduct it and to
provide for an appropriate hearing upon due notice.
On August 8, 1940, the Regional Director issued a Notice of
Hearing, which was duly served upon the company and the union.
The hearing was scheduled for 10:00 o'clock A.M. August 15,
1940, at the County Court House, Goshen, Indiana.
II
4. The company is an Indiana corporation, having its principal
place of business at Goshen, Indiana. The company owns and
operates a plant at Goshen, Indiana, hereinafter called the plant,
where it is now and has been at all times mentioned herein en-
gaged in the electro-plating business.
2. In the course and conduct of its business and in the opera-
tion of the plant the company purchases raw materials, consisting
in part of copper,. nickel, zinc and chrome. For the year ending
December 31, 1939, the total value of raw materials purchased
by the company was approximately $15,000.00. Approximately
90% of the raw materials were transported to plant from States
of the United States other than the State of Indiana. The com-
pany is a job shop, and manufactures no metal parts.
3. For the year ending December 31, 1939, the total value
of electro-plating work done by the company was approximately
$72,000.00. The company caused approximately 10% of such
work to be transported from the plant in Indiana to purchasers
and users located in States other than the State of Indiana. ,
STANDARD PLATING WORKS
III
873
Metal. Polishers, Buffers, Platers, and Helpers International
Union, A. F. of L., is a labor organization within the meaning of
Section 2, Subdivision (5) of the Act.
IV
1. On July 25, 1940, representatives of the union met with
representatives of the company, claimed to represent a majority
of the company's employees, and requested recognition as the sole
collective bargaining agent. At the conference on July 25, 1940,
the company advised the union that it desired proof that the union
did represent a majority of the company's employees. The par-
ties thereupon agreed that a petition should be filed with the
National Labor Relations Board, and that an election should be
held, pursuant to an Order of the Board.
2. The union is the only labor organization claiming to represent
any of the company's employees. The union admits to member-
ship all production and maintenance empolyees of the company,
excluding foremen, supervisors and clerical employees.
3. The company and the union agree that all production and
maintenance employees of the company, excluding foremen, super-
visors and clerical employees, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
V
The question concerning representation which has arisen, occur-
ring in connection with the operation of the company, described in
paragraph II, 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.
VI
1. A question affecting commerce ` has arisen concerning
the representation of employees of Standard Plating Works,
Incorporated, within the meaning of Section 9 (c) and Section 2,
Subdivisions (6) and (7) of the National Labor Relations Act.
2. All employees in the. unit set forth in paragraph IV, sub-
paragraph 3, herein, who were employed by the company during
the week ending August 3, 1940, excluding those employees who
between said date and the date of the Direction of Election herein-
after provided for, have quit or been discharged for cause, shall
be eligible to vote in the election provided for in paragraph VIII,
herein . A list of the employees eligible is attached hereto and
made a part hereof and marked Exhibit "A."
874 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
VII
The parties hereto waive their rights to a hearing and the
making of Findings of Fact and Conclusions of Law by the Board,
all pursuant to the provisions of Section 9 (c) of the Act, and all
parties agree that this Stipulation and Agreement, Order Direc-
tion Investigation and Hearing, Petition for Investigation and
Certification of Representatives, pursuant to Section 9 (c) of the
National Labor Relations Act, Notice of Hearing and National
Labor Relations Board Rules and Regulations-Series 2, as
amended, may be introduced in the record in 'this proceeding
by filing same with the Chief Trial Examiner of the Board at
Washington, D. C.
VIII
IT IS FURTHER STIPULATED AND AGREED, by. and between the
parties hereto, that upon the record in this case, this Stipulation
and Agreement, if approved by the Board, and by virtue of and
pursuant to the power vested in the Board by Section 9 (c) of
the Act pursuant to Article III, Section 8 of the National Labor
Relations Board Rules and Regulations-Series 2, as amended,
a Decision and Direction of Election may be entered by the Board,
directing:
That as part of the investigation authorized by the Board to
ascertain representatives for the purposes of collective bargaining
with Standard Plating Works, Incorporated, an election by secret
ballot shall be conducted as early as possible, but not later than
thirty (30) days from the date of the Direction of Election, under
the direction and supervision of the Regional Director for the
Thirteenth Region, acting in this matter as agent for the National
Labor Relations Board, subject to Article III, Section 9, of said
Rules and Regulations, among all production and maintenance
employees of the company who were employed during the pay-
roll period ending August 3, 1940, excluding foremen, super-
visors, clerical employees and `employees who have since quit or
been discharged for cause, to determine whether or not they
desire to be represented for the purposes of collective bargaining
by Metal Polishers, Buffers, Platers, and Helpers International
Union, A. F. of L.
The Board shall thereupon proceed pursuant to Article III,
Sections 8 and 9 of said National Labor Relations Board Rules
and Regulations-Series 2, as amended.
All terms agreed upon are set forth in this Stipulation and
Agreement, and there is no verbal agreement of any kind, which
varies, alters or adds to this Stipulation and Agreement. This
Stipulation and Agreement is subject to the approval of the
National Labor Relations Board. ,
STANDARD PLATING WORKS 875
EXHIBITIA
Ray Butt___________________________, Buffer.
Homer Schroeder____________________ Polisher.
Merl Darr__________________________ Polisher.
Lawrence Copenhaver________________ Buffer.
Albert Riley------------------------ Buffer.
DeWitt McCally____________________ Polisher.
Robert Rockenbaugh________________ Plater.
Fred Price__________________________ Buffer.
Hershel Wysong_____________________ Buffer.
George Myers_______________________ Buffer.
Rollen Hamsher_____________________ Plater.
Daniel Archambeault---------------- Buffer.
Earl Strayer________________________ Polisher.'
Mearle Oswald______________________ Plater.
Dallas Leatherman------------------ Buffer.
James Gonderman-------------------- Plater.
Kenneth Baker______________________ Buffer.
Roy Butt___________________________ Buffer.
Warren Ulery_______________________ Inspector & Packer.
Leon Rosezelle______________________ Handyman.
Vivan Spencer______________________ Millwright.
Delmer Kyle________________________ Polisher.
Richard Hunter_____________________ Plater.
Marion Darr________________________ Plater.
Leonard Tulley______________________ Plater.
Robert Searles______________________ Plater.
Hugh Spencer_______________________ Plater.
Howard Cunningham---------------- Truck Driver.
Cora Borden________________________ Inspector & Packer.
James Mann________________________ Millwright.
Worthie Haney______________________ Inspector & Packer.
Worthie Haney, Jr------------------- Plater.
Arthur Doerscher____________________ Plater.
Charles Wren_______________________ Plater.
G. G. Brydle________________________ Plater.
Forest Robison______________________ Buffer.
Gene Darr__________________________ Plater.
0. Mishler__________________________ Plater.
George Dupree______________________ Plater.
Edsall------------------------------ Helper.
Raymond Davis--------------------- Helper.
The Board hereby approves the stipulation.
Upon the basis of the above stipulation the Board. makes the
following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Standard Plating Works, an Indiana corporation having its principal
place of business at Goshen, Indiana, is engaged in the electro-plating
876 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
business. Its plant is a job shop and the Company manufactures no
metal parts. In the conduct of its business the Company purchases
raw materials consisting 'in 'part of copper, nickel, zinc and chrome.
During 1939 the total value of raw materials purchased by the
Company was approximately $15,000. Approximately 90 per cent
of the raw materials were transported to the Company's plant from
outside the State of Indiana. During the same period the total value
of electro-plating work done by the Company was approximately
$72,000, of which about 10 per cent was shipped to purchasers and
users outside the State of Indiana.
II. THE ORGANIZATION INVOLVED
Metal Polishers, Buffers, Platers, and Helpers International Union,
is a labor organization affiliated with the American Federation of
Labor, admitting to membership production and maintenance em-
ployees of the Company, excluding foremen, supervisors, and clerical
employees.
III. THE QUESTION CONCERNING REPRESENTATION
We find that a question has arisen concerning the 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 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
We find that all production and maintenance employees of the
Company, excluding foremen, supervisors and clerical employees, con-
stitute a unit appropriate for the purposes of collective bargaining
and that said unit will insure to employees of the Company the full
benefits of their right to self-organization and to collective bargaining
and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that an election by secret ballot will best resolve the ques-
tion concerning representation. We shall direct an election among the
employees in the appropriate unit in accordance with the stipulation
of the parties.
STANDARD PLATING WORKS 877
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 Standard Plating Works , Goshen ,' Indiana,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
National Labor Relations Act.
2. All production and maintenance employees of the Company, ex-
cluding foremen , supervisors , and clerical employees, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing 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,
and pursuant to Article III, Section 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that , as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Standard Plating Works , Goshen, Indiana , 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 of Election , under the direc-
tion and supervision of the Regional , Director for the Thirteenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board and subject to Article III, Section 9, of said Rules and
Regulations , among all production and maintenance employees of the
Company who were employed by the Company during the pay-roll
period ending August '3, 1940, excluding foremen, supervisors, and
clerical employees and those employees who have since quit or been
discharged for cause , to determine whether or not they desire to be
represented by Metal Polishers , Buffers, Platers, and Helpers Inter-
national Union, A. F. of L., for the purposes' of collective bargaining.