Union Hardware & Metals Co.

National Labor Relations Board - Board DecisionsMay 9, 1941

31 N.L.R.B. 710 (N.L.R.B. 1941)

In the Matter Of UNION HARDWARE & METALS COMPANY and INTER- NATIONAL LONGSHOREMEN & WAREHOUSEMEN'S UNION , LOCAL 1-26, C. I. O. Case No. R-2476.-Decided May 9, 1941 Jurisdiction : wholesaling, warehousing, and hardware selling industry. Practice and Procedure : petition dismissed where the' union seeking certifica- tion has not made a sufficient showing of present representation in the agreed unit to raise a question concerning representation in such unit. Mr. Felix H. McGinnis, of Los Angeles, Calif., for the Company. Mr. Elmer Mevert and Mr. Charles Pfeiffer, of Los Angeles, Calif., for the International. Mary M. Persinger, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE I - On March 7, 1941, International Longshoremen & Warehousemen's Union, Local 1-26, C. I. 0., herein called the International, filed with the Regional Director for the Twenty-first Region (Los An- geles, California) a petition alleging that a question affecting com- merce had arisen concerning the representation of employees of Union Hardware & Metals Company, Los Angeles, California, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Re- lations Act, 49 Stat. 449, herein called the Act. On April 4, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article VIII, 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 April 7, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Inter- national. Pursuant to the notice, a hearing was held on April 15, 31 N. L. R. B., No. 120. 710 UNION HARDWARE & METALS COMPANY 711 1941, at Los Angeles, California, before W. G. Stuart Sherman, the Trial Examiner duly designated by the Chief Trial Examiner. The -Company was represented by counsel, the International by its repre- sentatives; both participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing upon the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and 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 Union Hardware &' Metals Company is a California corporation engaged in the wholesaling, warehousing, and selling on a brokerage basis of paint, glass, toys, juvenile vehicles, house furnishings, build- ers' hardware, sporting goods, cutlery, automotive and electrical supplies,, contractors' equipment, plumbing supplies, china and glass- ware, ammunition and steel, brass, copper, cordage,, and wire products. During the year 1940 articles amounting in value to approximately $5,000,000, were purchased by the Company, approximately 75 per cent of such articles being obtained by it outside the State of Califor- nia. During the same year the Company's sales amounted to $7,897,- .000, over 2 'per cent of such sales being made to customers located outside the State of California. II. THE -ORGANIZATION INVOLVED International Longshoremen & Warehousemen's Union, Local 1-2G, C. I. 0., is a labor organization, affiliated with the Congress of Indus- trial Organizations, admitting to membership employees of the Company. ' â€¢III. THE QUESTION! CONCERNING REPRESENTATION The Company employs approximately 532 employees. The Com- pany and the International are in agreement regarding the appro- priate unit in this case. That unit, on March 1, 1941, contained 209 employees of the Company. A report of' the Regional Director introduced into evidence at the hearing, recites that the International submitted to him, in support of its claim that it represents a substan- tial,number of employees in such unit, 70 membership application cards ; that the cards were dated as follows : 2 in May and June 1939, 712 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 56 in February and March 1940, 5 in July and August 1940, and 5 in March 1941, and that 2 were undated; and that 56 of the. cards; bearing apparently genuine, signatures; bore names,of personsÂ°whose names appear on the Company's pay roll of March 1, 1941. The Regional Director's report also states that 5 of the cards were not compared with a pay roll-of the Company. Hence it appears that the International has, at the most, made a showing that at some time in the past 1 it represented 612 of 209 employees in the agreed unit. We are of the opinion that the International has not made a sufficient showing of present representation of employees in the agreed unit to raise a question concerning representation of employees in such unit. Accordingly, under the circumstances, we find that no question has arisen concerning representation of employees' of the, Company. We shall order the petition dismissed. Upon the basis- of the above findings of fact and upon the entire record in the case, the Board makes the following : , CONCLUSION OF LAW No question concerning representation of employees of Union Hardware & Metals Company, Los Angeles, California, has arisen within the meaning of Section 9 (c) of the Act. ORDER Upon the basis of the foregoing findings of fact and conclusion of law, the National Labor Relations Board hereby orders that the petition for investigation and certification filed by International- Longshoremen & Warehousemen's Union, Local, 1-26, C: -I. O. -be, and it hereby is, dismissed. 'Of the 70 application cards submitted by the International to the Regional Director, 58 bore dates from 1 to 2 years old , 5 others bore dates over 8 months old , and only 5 bore recent dates. 2 This figure allows for the five cards that were not compared with the pay roll.