The Rudolph Wurlitzer Co.

National Labor Relations Board - Board Decisions

Jun 18, 1942

41 N.L.R.B. 1074 (N.L.R.B. 1942)

In the Matter of THE RUDOLPH WURLITZER COMPANY and PIANO AND
MUSICAL INSTRUMENT WORKERS, CARPENTERS UNION No. 2553 OF
DEKALB, ILLINOIS
Case No. 8,3914.Decided June 18, 1942
Jurisdiction : musical instruments and war materials manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord petitioner recognition ; election necessary ; stipulation that a
certain pay roll be used to determine eligibility denied effect insofar as it
deprived persons in the armed forces of the right to vote.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at one of the Company's plants, excluding office and clerical em-
ployees, plant superintendent, foremen, assistant foremen, working foremen,
other supervisory employees, truck drivers, factory guards, watchmen, oilers,
engineers, and firemen.
Fyffe c Clark, by Mr. A. J. Smith, of Chicago, Ill., for the Company.
Moses, Kennedy, Stein do Bachrach, Mr. Stanley J. Morris, and Mr.
Jack Jacobs, of Chicago, Ill., and Mr. Howard Bennett, of Indianap-
olis, Ind., for Local 2553.
Mr. Victor Handschug, of DeKalb, Ill., for the Independent.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Piano and Musical Instrument Workers,
Carpenters Union No. 2553 of DeKalb, Illinois, herein called Local
2553, alleging that a question affecting commerce had arisen concerning
the representation of employees of The Rudolph Wurlitzer Company,
DeKalb, Illinois, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Isaiah S. Dorfman, Trial Examiner. Said hearing was held
at Chicago, Illinois, on June 2, 1942. The Company, Local 2553, and
Independent Musical Workers Association of DeKalb, Illinois, herein
called the Independent, appeared, participated, and were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
41 N. L. It. B, No. 200.
1074
THE RUDOLPH WURLITZER COMPANY , 1075
and to introduce evidence bearing on the issues. The Trial Exam-
iner'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
1. THE BUSINESS OF THE COMPANY
The Rudolph Wurlitzer Company is an Ohio corporation operating
a plant at DeKalb, Illinois, where it is engaged in the manufacture of
pianos, accordions, other musical instruments, and war materials.
During the 12-month period preceding May 1, 1942, the Company
purchased raw materials valued in excess of $1,000,000 for use at its
DeKalb plant, approximately 90 percent of which was shipped toi it
from outside Illinois. During the same period, the Company manu-
factured finished products at its DeKalb plant valued in excess of
$3,000,000, over 85 percent of which was shipped out of Illinois.
H. THE ORGANIZATIONS INVOLVED
Piano and Musical Instrument Workers, Carpenters Union No. 2553
of DeKalb, Illinois, is a 'labor organization affiliated with the Ameri-
can Federation of Labor, admitting to membership employees of the
Company.
Independent -Musical Workers Association of DeKalb, Illinois, is
an unaffiliated labor organization, admitting to membership employees
of the Company.
III: THE QUESTION CONCERNING REPRESENTATION
On May 16, 1942, Local 2553 requested the Company to recognize
it as exclusive representative of the employees at the'DeKalb plant.
The Company denied this request. All parties stipulated that Local
2553 and _the Independent each represents a substantial number of
employees in the unit hereinafter found to be appropriate.
On October 26, 1941, the Company and the Independent entered
into an exclusive contract which provides that it shall "continue in
existence so long as the Independent represents a majority of the
employees within the unit." Neither the Company nor the Independ-
ent asserts that the contract is a bar to a present determination of
representatives.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Sections 9 (c) and 2 (6) and (7) of the National Labor Relations
Act.
1076 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
Local 2553 and the Independent agreed at the hearing that all pro-
duction and maintenance employees at the DeKalb plant of the Com-
pany, excluding office and clerical employees, plant superintendent,
foremen, assistant foremen, working foremen, other supervisory em-
ployees, truck drivers, factory guards, watchmen, oilers, engineers,
and firemen constitute an appropriate unit. The Company stated
that it had no objection to this unit.
We find that all production and maintenance employees at the
DeKalb plant of the Company, excluding office and clerical employees,
plant superintendent, foremen, assistant foremen, working foremen,
other supervisory employees, truck drivers, factory guards, watchmen,
oilers, engineers, and firemen 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 find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot. All parties stipu-
lated at the hearing that "the Board in any election which it may direct
in this proceeding, shall direct that such election be conducted among
the employees who were employed at the plant during the pay-roll
period ending May 1, 1942, including employees who did not work
during that pay roll period because they were ill, excluding only per-
sons employed during said pay-roll period who have since quit or
been discharged for cause or have been inducted into the armed forces
of the country."
We shall deny effect to the stipulation insofar as it deprives persons
in the armed forces of the right to vote.'
On April 4, 1942, the Board issued a Decision and Order 2 requiring
the Company either to reinstate six previously discharged employees
or to place them on a preferential hiring list. Thereafter the Cir-
cuit Court of Appeals for the Seventh Circuit entered a decree on
consent enforcing the Board's order. Because of lack of available
work, the Company has placed these six employees upon a preferen-
' In Matter of Cudahy Packing Company and Local 55, United Packinghouse Won kers
of America, of Pack inghouse Workers Organizing Committee , CIO (29 N. L R B 830),
the Board enunciated the policy that employees in the active military service or training
of the United States should be eligible to vote even though such persons were not work-
ing during the par - roll period selected as determiuptive of eligibility In Matter of
Wilson and Co , Inc and Packnghouse Workers Organizing Committee , Local No 20,
affiliated with the CIO ( 37 N L R B 944 ), the Board stated that its administrative
experience had demonstrated the impracticability of providing for mail balloting for such
persons, but reasserted the policy above mentioned , construing it to apply to those em-
ployees in the g.oup who appear in person at the polls to cast a ballot
2 40 N L R B 202
THE RUDOLPH WURLITZER COMPANY 1077
tial hiring list. Local 2553 and the Independent ask that these six
persons be deemed eligible to vote in the election. The Company
contends that inasmuch as these persons were not on the May 1, 1942,
pay roll and were not laid off after that date, they should not be
allowed to vote in the election: We find' that such employees are
eligible to vote in the election because of their continuing status as
employees.
We shall direct that the employees of the Company eligible to
vote in the election shall be those in the appropriate unit who were
employed during the pay-roll period ending May 1, 1942, subject to
the limitations and additions set forth in the Direction of Election
herein.
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 part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Rudolph
Wurlitzer Company, DeKalb, Illinois, 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 super-
vision of the Regional Director for the Thirteenth 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 ending May 1,
1942, including any such employees who did not work during such
pay-roll period because they were ill or in the active military service
or training of the United States, and the six employees whom the
Board heretofore ordered reinstated or placed upon a preferential
hiring list, but, excluding any who have since quit or been discharged
for cause, to determine whether they desire to be represented by
Piano and Musical Instrument Workers, Carpenters Union No. 2553
of DeKalb, Illinois, affiliated with the American Federation of Labor,
or by Independent Musical Workers Association of DeKalb, Illinois,
for the purposes of collective bargaining, or by neither.