The DeVilbiss Co.

National Labor Relations Board - Board Decisions

Mar 16, 1938

6 N.L.R.B. 8 (N.L.R.B. 1938)

In the Matter of THE DEVILBISS COMPANY and INTERNATIONAL'
UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, #12
Case No. R-694.-Decided March 16, 1938
Atomizer and Painting Equipment Industry-Investigation of Representatives:
agreement for election-Election Ordered-Certification of Representatives
Mr. Harry L. Lodish, for the Board.
Davis, Wall & Bloch, by Mr. Henry R. Bloch and Mr. Marshall
Mellhorn, of Toledo, Ohio, for the Company.
Mr. C. I. Kiker, Mr. Wm. E. Siefke, and Mr. Frank Sido, of
Toledo, Ohio, for the Union.
Mr. Oscar J. Smith, Mr. Irving Lumburg, Mr. Milden Murphy,
Mr. Jack Briggs, and Mr. Russell Hough, of Toledo, Ohio, for the
Association.
Mr. Abraham L. Kaminstein, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On October 28, 1937, International Union, 'United Automobile
Workers of America, #12, herein called the Union, filed with the
Regional Director for the Eighth Region (Cleveland, Ohio) a peti-
tion alleging that a question affecting commerce had arisen concern-
ing the representation of employees of The DeVilbiss Company,
'Toledo, Ohio, herein called the Company, and requesting an investi-
gation and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On February 1, 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 Relations Board
Rules and Regulations-Series 1, as amended, ordered an investiga-
tion and authorized the Regional Director to conduct it and to pro-
vide for an appropriate hearing upon due notice.
8
DECISIONS AND ORDERS 19
On February 17, 1938, the Regional Director issued and duly
served a notice of hearing upon the Company, the Union, and the
Employees of the DeVilbiss Company Association, herein' called the
Association,'a labor organization named in the petition as claiming
members among the Company's employees. Pursuant to the notice,
a hearing was held on March 9, 1938,. at Toledo, Ohio, before Harlow
Hurley, the Trial Examiner duly designated by the Board. The
Board, the Company, the Union,, and the Association were repre-
sented by counsel, and all participated in the hearing. Full oppor;
tunity,to be heard,, to examine and, to, cross-examine witnesses, and
to introduce evidence'bearing on-the issues was afforded all, parties.
During the course of the hearing, all parties agreed upon various
stipulations which were introduced into the record.
Upon the entire record in the case, the Board makes the following::
FINDINGS OF FACT
The Company is an Ohio corporation, incorporated in May 1905,
with its plant at Toledo, Ohio, and with warehouse facilities in New
York, Pennsylvania, Michigan, Illinois, Kansas, Wisconsin, Missouri,
Texas, California, and Utah. It manufactures atomizers, spray paint-
ing equipment, and hose. The principal raw materials are crude
rubber,.brass rods,' and glass. • Ninety per cent of these raw materials
come from without the State of Ohio. Similarly 90 per cent of the
finished products are shipped to points outside the State of Ohio.
The total amount of sales and purchases for the year 1937 runs into
several hundred thousand dollars.
We find that the Company's operations at its plant constitute a
continuous flow of trade, traffic, and commerce among the several
States.
It was further stipulated that the Union and the Association are
each labor organizations as defined by the Act; that the Association
claims to represent a majority of all the employees except direct
representatives of management, such as salesmen, superintendents,
foremen, group leaders, tinie-study men,, watchmen, and confidential
salaried employees; that the Association and the Union each claim
to represent a majority of all the production employees except those
in a supervisory capacity; that the Company has recognized the claim
of the Association, but refused to recognize the claim of the Union ;
that the question of majority representation can only be resolved
by an election; and that the pay roll of the Company of October 28,
1937, shall be used for the purpose of determining eligibility to vote.
It was also stipulated between the Union and the Association that
those eligible to vote in the election should be all employees in the
10 NATIONAL LABOR RELATIONS BOARD
plant, in all divisions working on an hourly and piece-work basis
of pay.,
On the basis of the above findings and stipulations , the Board will
order an election to determine whether the production employees
desire to be represented by the Union or the Association. ,
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, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, it is
DIRECTED that, as part of the investigation directed by the Board
to ascertain representatives for the purposes of collective bargaining
with The DeVilbiss Company, Toledo, Ohio, an election by secret bal-
lot shall be conducted within twenty (20) days from the date of this,
Direction, under the direction and supervision of the Regional Direc-
tor for the Eighth 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, and in accordance with the stipula-
tions entered into in this case, among the production employees of
The DeVilbiss Company at its Toledo, Ohio, plant, who are paid on
an hourly or piece-work basis, whose names appear on the pay roll
of the Company for October 28, 1937, exclusive of supervisory, office,
and non-production employees, and those who have been discharged
or who have quit, to determine whether they desire to be represented
by International Union, United Automobile Workers of America,
#12, or Employees of the DeVilbiss Company Association, for the
purposes of collective bargaining, or by neither.
[SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
April 20, 1938
On March 16, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled case. The Direction of Election directed that an
election by secret ballot be held among the production employees of
'Board Exhibit No. 3 contains a list of the employees and an indication as tb their
eligibility to vote in the election Employees who have been discharged or have left the
employment of the Company , and whose names do not appear on Board Exhibit No. 3 will
not be eligible to vote in the election.
The parties also agreed upon the specific conditions under which the election was to be
held, and the manner of voting.
DECISIONS AND ORDERS 11
The DeVilbiss Company at its Toledo, Ohio, plant, herein called the
Company, who were paid on an hourly or piece-work basis, whose
names appeared on the pay roll of the Company for October 28, 1937,
exclusive of supervisory, office, and non-production employees, and
those who had been discharged or who had quit, to determine whether
they desired to be represented by International Union, United Auto-
mobile Workers of America, #12, or Employees of The DeVilbiss
Company Association for the purposes of collective bargaining, or
by neither.
Pursuant to the Direction, an election by secret ballot was con-
ducted on March 25, 1938, at Toledo, Ohio, under the direction and
supervision of the Regional Director for the Eighth Region (Cleve-
land, Ohio). On March 28, 1938, the said Regional Director, acting
pursuant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 1, as amended, issued and duly served
upon the parties an Intermediate Report on the ballot. No excep-
tions to the Intermediate Report have been filed by any of the parties.
As to the results of the secret balloting, the Regional Director re-
ported as follows :
Total number of employees eligible__________________________ 626
Total number of ballots cast______________________________ 580
Total number of votes for International Union, United Automo-
bile Workers of America, #12 (C. I 0.) ------------------- 162
Total number of votes for Employees of The DeVilbiss Com-
pany Association_________________________________________ 396
Total number of votes for neither organization______________ 14
Total number of blank ballots______________________________ 1
Total number of void ballots________________________________ 5
Total number of challenged votes__________________________ 2
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, 49 Stat . 449, herein called the Act , and pursuant to Article
III, Sections 8 and 9, of National Labor Relations Board Rules and
Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that Employees of The DeVilbiss Company
Association has been designated and selected by a majority of the
production employees of The DeVilbiss Company at its Toledo, Ohio,
plant, who are paid on an hourly or piece-work basis, excluding cleri-
cal and supervisory employees , as their representative for the pur-
poses of collective bargaining , and that, pursuant to Section 9 (a) of
the Act , Employees of The DeVilbiss Company Association is the ex-
clusive representative of all such employees for the purposes of col-
lective bargaining in respect to rates of pay, wages , hours of employ-
ment, and other conditions of employment.