Superior Electrical Products Co.

National Labor Relations Board - Board Decisions

Mar 17, 1938

6 N.L.R.B. 19 (N.L.R.B. 1938)

In the Matter Of SUPERIOR ELECTRICAL PRODUCTS Co. and ' METAL
POLISHERS , BUFFERS, PLATERS AND HELPERS INTERNATIONAL UNION7
LOCAL No. 13
Case No. R-601.-Decided March 17, 1938
Electrical Appliances Manufacturing-Investigation of Representatives: peti-
tion for, dismissed where filed by labor organization whose members approved
the existing contract of the rival organization ; no controversy concerning
representation.
Mr. Joseph A. Hoskins, for the Board.
Anderson cce Whittington, by Mr. C. J. Anderson, of St. Louis, Mo.,
for the Metal Polishers.
Mr. Morris J. Levin, of St. Louis, Mo., for the United.
Miss Ann Landy, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On May 14, 1937, Metal Polishers, Buffers, Platers and Helpers
International Union, Local No. 13, herein called the Metal Polishers,
filed _ with the Regional Director for the Fourteenth Region (St.
Louis, Missouri ) a petition alleging that a question affecting com-
merce had arisen concerning the representation of employees of
Superior Electrical Products Company, St. Louis, Missouri, herein
called the Company, and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On Decem-
ber 6; 1937, 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 Regula-
tions-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.
On January 11, 1938, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, upon
the Metal Polishers and upon the United Electrical, Radio and
19
20 NATIONAL LABOR RELATIONS BOARD
Machine Workers of America, Local No. 1117 , herein called the
United, a labor organization claiming to represent employees directly
affected by the investigation.
The United filed an intervening petition in which it requests the
Board to certify that the plant unit, including all production em-
ployees, is the unit appropriate for the purposes of collective bar-
gaining and that the United is the representative that has been
designated by employees in said unit as their representative.
On January , 19, 1938, the Regional Director issued an amended
notice of hearing, copi'e's of "wliich -%were ' chil'y served on all "the'parties.
Pursuant to the notices , a hearing was held on January 21 , 24 and 25,
1937 , at St. Louis, Missouri , before Joseph F. Keirnan , the Trial
Examiner duly designated by the Board. The Board, the Metal
Polishers and the United were represented by counsel and partici-
pated in the hearing . Full opportunity to be heard , to examine
and to cross -examine witnesses , and to introduce evidence bearing
on the issues was afforded all parties . During the course of the
hearing the Trial Examiner made several rulings on motions and on
objections to the admission of evidence . 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 ' enti're record in the case , the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Company is a Missouri corporation , having its principal office
and manufacturing plant in St. Louis, Missouri. It is engaged in
manufacturing electrical household appliances, such as flat irons,.
toasters , heaters and waflie irons . Gross sales for the year 1937
amounted to $400,000. The Company employs approximately 125
employees, 115 of, whom are in production work., The principal raw
materials used are steel and aluminum and iron casting, 60 per cent
of such materials being obtained from points outside of the State
of Missouri. Ninety per cent of the finished products are sold in
States other than Missouri and in foreign countries . The Company
admits the interstate character of its business.
II. THE ORGANIZA 'T'IONS INVOLVED
Metal Polishers , Buffers , Platers and Helpers International Union
Local ' No. 13, is a labor organization affiliated with the American
Federation of Labor, admitting to its membership all employees of
the Company engaged in metal polishing, buffing, plating and
grinding.
DECISIONS AND ORDERS 21.
United Electrical, Radio and Machine Workers of America, Local
No. 1117, is a labor organization affiliated with the Committee for
Industrial Organization, admitting to its membership all production
employees of the Company, excluding office workers and clerical and
supervisory employees.
IH. WHETHER A QUESTION CONCERNING REPRESENTATION HAS ARISEN
In 1933 the Metal Polishers attempted to organize the metal pol-
'ishers, buffet•s^,and.platerskemployed.by the,. Company., A strike;'was
then called, which ended without achieving any success. In the
spring of 1937, the Metal Polishers renewed its efforts to secure
membership in the plant. On May 10, 1937, its organizers contacted
Haas, president of the Company, and asked him to recognize the
Metal Polishers as the representative of the majority of employees
in the metal polishing department. At the time Haas was already
negotiating with the United and therefore refused to pass upon the
claim made by the Metal Polishers. Ten days later the petition in
this proceeding was filed.
On June 23, 1937, the United called a strike. All employees, in-
cluding those in the metal polishing department, walked out and
did not return until, after a contract, was signed, between the Com-
pany and the United. During the strike members of both unions
in the metal polishing department participated in the picketing and
attended meetings held by the United. Frank David, member of
the Metal Polishers for twenty-eight years, and seemingly its most
zealous and influential representative among the Company's em-
ployees, testified that he, together with approximately two-thirds
of the employees in the metal polishing department, attended the
meeting where the terms of the contract were submitted and ap-
proved. This testnnony was not disputed. The committee, coin-
posed of representatives of each department, was selected to nego-
tiate with Haas. Frank David and Elmer Lawrence represented
the iiietal polishing department. The committee succeeded in securing
a written contract signed by Haas for the Company.
This contract, executed on August 2, 1937, recognized the United
as the exclusive bargaining agency for all the production employees
of the Company. It contained provisions relating to hours, wages
and conditions of employment. It includes an increase in the hourly
rates for metal polishers in accordance with their request. The
contract is to remain in effect for one year from the date of its
execution. The grievance committee created by the agreement has
adjusted several claims since its establishment, some of which arose
in the metal polishing department.
22 NATIONAL,L:KBOR'_ RELATIONS , BOARD
Under the facts of this base, we cannot find justification for or-
dering an election or certification at this time. The contract with the
United, covering matters which would be the subject of collective
bargaining between the Company and its employees, remains in effect
until August 2, 1938. The duration of the contract is not for such
a long period as to be contrary to the policies or purposes of the
Act. The evidence shows that a majority of the employees in the
metal polishing department, whom the Metal Polishers claims,to rep-
resent, favored the execution of the contract and participated in nego-
tiations for it. Under these circumstances we will not proceed with
an investigation of representatives until such time as the contract
is about to expire and a question then exists as to the proper repre-
sentative for collective bargaining with respect to the negotiations
of a new agreement.
We will, therefore, dismiss the present petitions without preju-
dice to renewal at a reasonable time before the expiration of the
agreement with the United.
Upon the basis of the above findings of fact and upon the entire
record in this case, the Board makes the following :
CONCLUSION OF LAW
No question concerning representation of employees of,, Superior
Electrical Products Company exists within the meaning of Section
9 (c) of the National Labor Relations Act.
ORDER
Upon the basis of the foregoing findings of fact and conclusion
of law, the National Labor Relations Board hereby dismisses the
Petition for Investigation and Certification filed by Metal Polishers,
Buffers, Platers and Helpers International Union, Local No. 13 and
the intervening petition filed by United Electrical, Radio and Ma-
chine Workers of America, Local 1117.