The Electric Auto-Lite Co.

National Labor Relations Board - Board Decisions

Nov 21, 1941

36 N.L.R.B. 1156 (N.L.R.B. 1941)

In the Matter of THE ELECTRIC AuTo-LITE COMPANY and OFFICE
WORKERS UNION LOCAL No. 22,544, A.F. OF L.
Case No. R-3156-Decided November 21, 1941
Jurisdiction : automobile electrical equipment manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal of Company to accord union recognition until certified by the Board ;
election necessary.
Unit Appropriate for Collective Bargaining : all employees of the Company in
the printing department, excluding the manager ; agreement as to
Mr. Wm. F. Strum, of Toledo, Ohio, for the Union.
Mr. James P. Falvey, of Toledo, Ohio, for the Company.
Mr. Stanley L. Drexler, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 28, 1941, Office Workers Union, Local No. 22,544, affiliated
with the American Federation of Labor, herein called the Union,
filed with the Regional Director for the Eighth Region (Cleveland,
Ohio) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of The Electric
Auto-Lite Company, Toledo, Ohio, herein called the Company, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On October 9, 1941, 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 Re-
lations 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 October 10, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the parties. Pursuant
to notice, a hearing was held on October 16, 1941, at Toledo, Ohio,
before Harry L. Lodish, the Trial Examiner duly designated by the
36 N L. R. B., No. 236.
1156
THE ELECTRIC AUTO-LITE COMPANY 1157
Chief Trial Examiner . The Company and the Union were repre-
sented and, participated in the hearing. Full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearink- upon the issubs was afforded both 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 entire record in the case, the Board makes the following
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Electric Auto-Lite Company, an Ohio corporation, is engaged
in the manufacture and sale of automobile starting, generating,
ignition, and other electrical equipment at its plant in Toledo, Ohio.
It has one or more manufacturing plants located in Niagara Falls,
New York; Indianapolis, Indiana; Port Huron, Michigan; Oakland,
California; Cincinnati, Ohio; and Sarina, Ontario, Canada: This
proceeding involves only the plant at Toledo, Ohio. The principal
raw materials used by the Company at this plant are copper, brass,
and steel. Approximately 75 per cent of these raw,materials are
obtained outside the State of Ohio and approximately 94 per cent of
the plant's finished products are shipped to places located outside the
State of Ohio. During 1937 the Company purchased raw materials
for its Toledo plant valued at approximately $12,500,000 and obtained
approximately $22,100,000 from the sale of products manufactured at
the Toledo plant. The Company stipulated at the hearing that its
present operations are substantially the same as they were in 1937.1
II. THE ORGANIZATION INVOLVED
Office Workers Union, Local No. 22,554, is a labor organization
affiliated with the American Federation of Labor, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated at the hearing that a question had arisen
concerning the representation of employees of the Company, in that
the Union has requested exclusive recognition as the representative
of the employees in the unit it contends to be appropriate and the
I Cf Matter of The Electric Auto -Lite Company and International Union, United
Automobile Workers of America No 12, 9 N. L R. B 147.
1158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Company has refused such recognition unless and until the Union
is certified by the Board. A statement of a Field Examiner of the
Board, introduced in evidence at the hearing, shows that the Unioii
represents a substantial number of employees in the unit alleged to'
be appropriate .2 1
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, occurring 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
The parties stipulated at the hearing, and we find, that all em-
ployees of the Company in the printing department, excluding the,
manager, constitute a unit. appropriate for the purposes of collective
bargaining. We also find that said unit will insure to employees of
the Company the full benefit of their right to self-organization and
to collective bargaining and otherwise will effectuate the policies of,
the Act.
VI. TIRE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot. The parties stipulated at the hearing that
eligibility to vote in the election should be determined on the basis
of the pay roll for the period ending October 15, 1941. We shall,
accordingly, direct that the employees of the Company eligible to,
vote in the election shall be those in the appropriate unit who were
employed by the Company during the pay-roll period ending October
15, 1941, subject to the limitations and additions set forth in the
Direction of Election.
On the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
2The Field Examiner 's statement indicates that the Union submitted 12 membership
cards bearing the apparently genuine signatures of persons whose names appeared on the
pay roll of the Company in the unit herein found to be appropriate The pay roll contained
16 names
THE ELECTRIC AUTO-LITE COMPANY 1159
CON CLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of The Electric, Auto-Lite Company,- Toledo,-
Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7),
of the National Labor Relations Act.
2. All employees of the Company in the printing department, ex-
cluding the manager, constitute a unit appropriate for the purposes
of collective bargaining within the meaning 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 Rela-
tions 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 a part of the investigation authorized by the
Board to ascertain representatives for the purposes of collective
bargaining with The Electric Auto-Lite Company, Toledo, Ohio, 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 Eighth
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 employees of the Company in the printing
department, who Were employed by the Company during the pay-roll
period ending. October 15, 1941, including employees who did not
work during such 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 the manager and employees who
have since quite or been discharged for cause, to determine whether
or not they desire to be represented by Office Workers Union, Local
No. 22,554, affiliated with the American Federation of Labor, for the
purposes of collective bargaining.