Van Arnan Manufacturing Co.

National Labor Relations Board - Board Decisions

Apr 7, 1938

6 N.L.R.B. 509 (N.L.R.B. 1938)

In the Matter of VAN ARNAN MANUFACTURING CO. and UNITED ELEC-
TRICAL, RADIO AND MACHINE WORKERS OF AMERICA
Case No. R-623.Decided April 7, 1938
Bathroom Equipment Manufacturing Industry Investigation of Representa-
tives: controversy concerning representation of employees: refusal by employer
to recognize petitioning union as sole bargaining agency-Unit Appropriate for
Collective Bargaining: production and maintenance employees, excluding execu-
tives, clerical help, foremen, and all supervisory officials having authority to hire
and discharge ; stipulation as to-Representatives : proof of choice : comparison
of pay roll with membership cards-Certification of Representatives: upon
proof of majority representation.
Mr. Walter B. Chel f, for the Board.
Mr. Howard L. Van Arnan, of Fort Wayne, Ind., for the Company.
Mr. E. G. Bunting, of Fort Wayne, Ind., for the Union.
Mr. Raymond J. Compton, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On December 9, 1937, United Electrical, Radio and Machine Work-
ers of America, Local No. 908, herein called the Union, filed with the
Regional, Director for the Eleventh Region (Indianapolis, Indiana)
a petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Van Arnan Manufacturing
Company, Fort Wayne, Indiana, 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 January 19, 1938, 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 Rela-
tions Board Rules and Regulations-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 February 9, 1938, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and upon
the Union. Pursuant to the notice, a hearing was held on February
509
510
NATIONAL LABOR RELATIONS BOARD
28, 1938, at Fort Wayne, Indiana, before William P. Webb, the Trial
Examiner duly designated by the Board. The Board, the Company,
and the Union were represented by counsel and participated in the
hearing. Full opportunity to be heard, to examine and 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 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 Company, an Indiana corporation, has its office and principal
place of business in Fort Wayne, Indiana. It is engaged in the busi-
ness of the manufacture, sale, and distribution of toilet seats, hampers,
and special bathroom equipment. The one and only plant of the
Company is located at Fort Wayne, Indiana. According to a stipu-
lation entered into by the Company and the Board, 65 per cent of the
raw materials used in the business of the Company come from sources
outside of the State of Indiana, and 60 per cent of the finished prod-
ucts are likewise shipped outside of the State of Indiana. The Com-
pany's advertising is done on a national scale, and its sales are
nation-wide in scope. The Company is the sixth largest of its kind
in the United States, and in 1937 its annual purchase of raw material
was about $110,000 in value, and the gross business was estimated at
about $235,000.
At the present time the Company employs about 72 hourly paid
production and maintenance employees at the plant, both skilled and
unskilled.
II. THE ORGANIZATION INVOLVED
United Electrical, Radio and Machine Workers of America, Local
No. 908, is a labor organization affiliated with the Committee for
Industrial Organization, admitting to its membership all production
and maintenance employees of the Company, and excluding execu-
tives, clerical help, foremen, and all supervisory officials having
authority to hire and discharge.
III. THE QUESTION CONCERNING REPRESENTATION
Prior to March 1, 1937, there were no unions in the Company's
plant. About March 1, 1937, the organization of the Union was
commenced and by May 1, 1937 all but a few of the employees in
DECISIONS AND ORDERS 511
the plant had become members. On May 11, 1937, the Company and
the Union entered into an agreement which did not state that the
Union represented a majority, or that it was the sole representative
of its employees for purposes of collective bargaining. The agree-
ment had no definite date of termination, and was more in the nature
of a statement of the Company's policy with respect to the treat-
ment' of the employees than a contract in regard to-collective bargain-
ing. The Union operated under this agreement until October 1937,
at which time the Union presented to the Company a new agreement
in the form of a contract, which specifically stated that the Union
represented a majority of the Company's employees in the plant and
that it was the sole representative of such employees for the purpose
of collective bargaining. The Company refused to recognize the
Union as the sole collective bargaining agent, and as, a consequence,
the Union filed its petition alleging that the Company had refused
to grant bargaining rights to the Union and requesting a certification.
The Company has not at any time since the organization of the Union
questioned or denied that the Union represents 'a majority of the
employees in the plant, but has denied the Union recognition as the
exclusive bargaining representative.
We find that a question has arisen concerning 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 re-
lation 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
It was stipulated and agreed by all parties in interest and we
find that all the production and maintenance employees of the Com-
pany, excluding executives, clerical help, foremen, and all super-
visory officials having authority to hire and discharge, constitute a
unit appropriate for the purposes of collective bargaining and 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 effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
During thehearing, a check of the membership cards of the Union
and the Company's pay roll of February 19, 1938, by the Board's
512 NATIONAL LABOR RELATIONS BOARD
attorney without objection of counsel for the Company and in the
presence of all parties interested , showed that of the 68 employees
on the pay roll within the unit which We have found appropriate, 65
were members of the Union.
We find that the Union has been designated and selected by a
majority of the employees in the appropriate unit as their represent-
ative for the purposes of collective bargaining . It is , therefore, the
exclusive representative of all the employees in such unit for the
purposes of collective bargaining , and we will so certify.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Van Arnan Manufacturing Company, Fort
Wayne, Indiana, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. The production and maintenance employees of the Company,
excluding executives , clerical help, foremen , and all supervisory offi-
cials having authority to hire and discharge , cohstitute a unit ap-
propriate for the purposes of collective bargaining, within the mean-
ing of Section 9 (b) of the National Labor Relations Act.
3. United Electrical , Radio and Machine Workers of America,
Local No. 908, is the exclusive representative of all the employees in
such unit for the purposes of collective bargaining, within the mean-
ing of Section 9 ( a) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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 1, as amended,
IT IS HEREBY CERTIFIED that United Electrical, Radio and Machine
Workers of America, Local No. 908 , has been designated and selected
by a majority of the production and maintenance employees of Van
Arnan Manufacturing Company, .Fort Wayne, Indiana, excluding
executives , clerical help, foremen , and all supervisory officials having
authority to hire and discharge , as their representative for the pur-
poses of collective bargaining and that, pursuant to the provisions
of Section 9 (a) of the Act, United Electrical, Radio and Machine
Workers of America, Local No. 908; 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.