The Corbitt Co.

National Labor Relations Board - Board Decisions

Sep 19, 1942

44 N.L.R.B. 208 (N.L.R.B. 1942)

In, the Matter of THE.,CoRBITr Coi'ip--^,NY--and UNITED AuIODIUBILE,
AIRCRAFT ,AG'RICULTURAL. IMPLEMENT • WORKERS OF -AMERICA.. AF-
IFZLIATED WITH-THE.-CONGRESS -OF INDUSTRIAL ORGANIZATIONS,-.
Case No. R-4199.-Decided September 19, ^194^,0
Jurisdiction : truck assembling industry,,
Investigation and Certification of Representatives : existence of question: re-
fusal to accord, union recognition; contract nearing its expiration date, and
which by its terms might be "reopened for adjustment" by -either party upon
thirty days' notice, held no bar ; election necessary.
Unit Appropriate for, Collective Bargaining : all employees,: :excluding super-
visory, and general office, employees ; stipulation as to -
Messi's. 'J,• P. Zotlico f er and J. H. Zollico ff e'-, of Henderson, N. C.,
for the Company.
Mr,' James P.' Ilar'den; `of Henderson, N. C., for the Unimi ,
Mr. Herman, J. DeKoven, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by United Automo-
bile, Aircraft , Agricultural Implement Workers 'of America , affiliated
with the Congress of Industrial Organizations , herein called the'Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of The Corbitt Company , Henderson,
North Carolina , herein called the Company , the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
-before Jacob Blum, Trial Examiner . Said hearing was held at Hen-
derson , North Carolina , on August 25 ,' 1942. The Company and the
Union appeared and participated . All parties were afforded full op-
portunity 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 prejudical error and are
hereby affirmed.
Upon the entire record in the case, the Board makes the following:
44 N L R B,, No .36
208 1
THE CORBITT• COMPANY
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
209
The - Corbitt Company, 'a Delaware corporation, is engaged in the
as'sembling' of trucks at Henderson,, North Carolina: • The 'Company
annually receives materials; valued 'at 'approxi'mately $4,000,000, all
'of which are shipped from points outside the State of -North Carolina,
and annually assembles trucks, valued 'at approximately $5,000,000,
all of which are shipped to'points outside the State of North Carolina.
The Company admits that it is engaged in commerce within the
meaning of the National-Labor Relations Act..
II.' THE 'ORGANIZATION INVOLVED
United Automobile, Aircraft, Agi.icultural Implement Workers of
America, affiliated wit h•. the, Congress of Industrial Organizations, is
a labor organization and admits to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
1. In November 1941, a committee composed of one or two employees
from each department of the Company's plant, herein called the Com-
mittee,,was selected, by the employees to negotiate a contract with the
Company covering terms and conditions of employment. On Novem-
ber 21, 1941, the Committee and the Company entered into a contract
effective until November 20, 1942, and to continue in effect from year
to year thereafter, unless written notice of intent to "reopen the agree-
ment for further negotiations or revision" be given by either party 30
days prior to'the expiration -date. The contract further provided that
it "may be opened' for mutual 'adjustment of any clause" by 30 days'
notice by' either party. In this contract, the Company recognized the
Committee as' the exclusive bargaining agent of all the production
employees, excluding foremen.
On July 10,1942; the Union advised the Company that it represented
practically all the employees and wished to meet with the Company
for the purpose'of revising the aforementioned contract. The Com-
pany refused to negotiate with the Union on the ground that under
the existing contract with its employees it could not deal with anyone
but the Committee. On July 22, 1942, the Committee notified the
Regional Director that it did not claim any interest in the question
concerning representation in the instant proceeding and did not wish
its name to appear on the ballot in any election which might be held.
' The Company contends that the contract constitutes a bar to a pres-
ent determiii tiOn of representati^res. Since the contract 'is nearing
4S74JS-42-N of 44--44
210
i
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
its expiration date, and, further; since by its terms it may be "reopened"
for adjustment" by either party upon 30 days' notice, we find that it
does not constitute a bar to a present determination of representatives.
A statement of the Acting Regional Director introduced in evidence
indicates,that the, Union represents a substantial number of employees
in the unit,hereinafter 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 Rela-
tions Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all em-
ployees of the Company, excluding supervisory and general office em-
ployees, constitute a unit appropriate for 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 concerning 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 Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
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 tb,,.Ar'ticle III, Section .8, of National Labor Relativais
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Corbitt Com-
pany, Henderson, North Carolina, 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 supervision
of the Regional Director for the Fifth 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 were employed
during the pay-roll period immediately preceding the date of this
' As of August 21, 1942, there were approximately 165 employees in the unit hereinafter
found apps opuate The Acting Regional Director reported that the Union presented 138
authorization cards, all of which bole apparently genuine signatures ; that all the cards
bore dates in July 1942; and that 127 of the cards bore the signatures of persons
appealing on the Company's pay, roll for the period ending July 18, 1942.
THE CORBITT COMPANY 211
Direction, including employees who did not work during said pay-roll
period because they were ill or on vacation or in the active military
service or training 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 represented by United
Automobile, Aircraft, Agricultural Implement Workers of America,
affiliated with the Congress of Industrial Organizations, for the pur-
poses.of collective bargaining.
MR. WM. M. LEISERSON took no part in the consideration of the above
Decision and Direction of Election.
In- the Matter of THE CORBITP CoAIrncy and UNITED AUTO31013ILE.
AIRCRAFT, AGR [CULTURAL IMPLEMENT' WORKERS 'OF ADIERICA, AFFIL-
- IATED WITH TIli,,,(ONGRESS OF INDT,S'rRIAL OROANTZ \TIONS .
Case No. R-4199
CERTIFICATION OF ,REPRESENTATIVES
October 9, 19,412 °
On September, 19, 1942, the National Labor Relations Board is-
sued aDecision and Direction of, Election in the above-entitled pro-
ceeding.' Pursuant to the Direction of Election, an election by
secret ballot was conducted on September 25, 1942, under the direc-
tion and supervision of the Acting Regional Director for the Fifth
Region (Baltimore, Maryland). On September 28, 1942, the Acting
Regional Director, acting pursuant toArticle III, Section 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, issued and duly served upon the parties an Election Re-
port. No' objections to the conduct of the ballot or to the Election
Report have been filed by any of the parties.
As to the balloting and its results, the Acting Regional Director
reported as follows :
Total on eligibility list ----------------- - -- --------------------- 148
Total ballots cast----------------------------------------- • 147
Total ballots challenged---------------------------------- 0
Total blank ballots--------------------'------------------- 0
Total void ballots----------------------------------------- 0
Total valid votes counted---------------------------------- 147
Votes cast for United Automobile, Aircraft, Agricultural Im-
plements Workers of America, affiliated with the Congress
of Industrial Organizations------------------------------ 117
Votes cast against United Automobile, Aircraft, Agricultural
Implement Workers of America, affiliated with the Con-
gress of Industrial Organizations------------------------ 30
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act. 49 Stat. 449. and pursuant to Article III, Seetinons 8 and
144N L R B 204
4-4N.L R B, No 36)a
212
THE CORBITT COMPANY 213
9, of National Labor Relations Board Rules and Regulations-Series
2, as amended,
IT IS HEREBY CERTIFIED that United Automobile, Aircraft, Agricul-
tural Implement Workers of America, affiliated with the Congress
of Industrial Organizations, has been designated and selected by a'_
ma'j'ority of, all, employees of^Ahe Company,,,excluding supervisory
and general office employees, as their representative for the purposes
of collective bargaining, and that, pursuant to Section 9 (a) of the
National Labor Relations Act, United Automobile,' Aircraft, Agri-
cultural Implement Workers of America, affiliated with the Congress
of Industrial Organizations, is, the- exclusive representative of all
such employees for the purposes of collective bargaining in, respect
to rates of pay, wages,hours of employment, and other conditions of
employment.
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