City Auto Stamping Co.

National Labor Relations Board - Board Decisions

Oct 11, 1939

15 N.L.R.B. 1032 (N.L.R.B. 1939)

In the Matter of CITY AUTO STAMPING COMPANY and INTERNATIONAL
UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH
THE C. I. O.
In the Matter of THE CITY AUTO STAMPING COMPANY and INTERNA-
TIONAL UNION, UNITED. AUTOMOBILE WORKERS OF AMERICA, LOCAL
No. 11, A. F. L..
Cases Nos. R-1531 and R-1532, respectively.Decided October
11, 1939
Auto Parts Manufacturing htduttstry-Inve.stigatiost of Representatives: contro-
versy concerning representation of employees: controversy concerning appropri-
ate unit; rival organizations-Contract: amendable on 30 clays' notice, no bar to
determination of representatives-Unit Appropriate for Collective Bargaining:
all employees of the company , including group leaders , but excluding foremen,
assistant foremen, and clerical employees-Election. Ordered: eligibility to vote
extended to employees on seniority list at date of Direction, who worked for
company daring 9-month period preceding said date, exclusive of general lay-
offs or shut -downs.
Mr. Bernard R. Bralove, for the Board.
Mr. John W. Hackett, Mr. Edwin J. Lynch, Mr. Luther lent, Mr.
Alfred Davis, Mr. Kenneth Scott, and Mr. Raymond Lothridge, of
Toledo, Ohio, for Local No. 11.
Mr. Edward Lannb, Cllr. Lowell Goerlich, Mr. Ellsworth Kramer,
Mr. Frank MlleLaughlin, Mr. J. H. Gerighty, Mr. F. R. Brown, and
Mr. J. Penn, of Toledo, Ohio, for Local No. 12.
Mr. Erwin R. Eger, of Toledo, Ohio, for the Company.
Mr. Woodrow J. Sandler, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 6, 1939, International Union, United Automobile Workers
of America, affiliated with the C. I. 0.,1 herein called Local No. 12,
filed with the Regional Director for the Eighth Region (Cleveland,
' The petition was signed " International Union, United Automobile Workers of America,
Affiliated with the C. I. 0." It is apparent from the record, however, that it is Local
No. 12 , International Union, United Automobile Workers of America, affiliated with the
C. I. 0., which desires certification.
15 N. L. R. B., No. 114.
1032
CITY AUTO STAMPING COMPANY 1033
Ohio ) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of City Auto
Stamping 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 August 14, 1939, the National Labor
Relations Board, herein called the Board, acting pursuant to Sec-
tion 9 ( c) of the Act, and Article III, Section 3, of National Labor
Relations Board Rules and Regulations-Series 2, ordered an investi-
gation and authorized the Regional Director to conduct it and to
provide for an appropriate hearing upon due notice.
On August 14, 1939, International Union, United Automobile
Workers of America , Local No. 11, A. F . of L., herein called Local
No. 11, filed with the Regional Director a petition alleging that a
question affecting commerce had arisen concerning the representation
,of employees of the Company and requesting an investigation and
certification of representatives , pursuant to Section 9 (c) of the Act.
On August 19, 1939, 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 2, ordered an investigation and
authorized the Regional Director to conduct it and to provide for
an appropriate hearing upon due notice . On the same day, the
Board, pursuant to Article III, Section 10 (c) (2 ), of said Rules
:and Regulations , issued an order consolidating the two proceedings
for the purpose of hearing and for all other purposes.
On August 18 and 19, 1939 , the Regional Director issued notices
of hearing and consolidation, copies of which were served upon the
Company, Local No. 12, and Local No. 11, and upon Metal Polishers,
Buffers, Platers & Helpers International Union, Local No. 2, affili-
ated with the A. F. of L., herein called the Polishers' Union, and
Mechanics Educational Society of America, herein called the M. E.
S. A., the latter two being labor organizations claiming to repre-
sent employees directly affected by the investigations.
Pursuant to notice , a hearing was held at Toledo, Ohio, on August-
24 and 25, 1939, before William B. Barton, the Trial Examiner
duly designated by the Board. The Polishers' Union did not appear
at the hearing or participate therein. A representative of the M. E.
S. A. was present at the hearing but did not participate therein.
The Board, the Company, Local No. 12, and Local No. 11 were rep-
resented by counsel and participated in the hearing. The Company
appeared specially and claimed that it was not engaged in interstate
commerce and that therefore the Board lacked jurisdiction over it.
Full opportunity to be heard, to examine and cross-examine wit
messes , and to introduce evidence bearing on the issues was afforded
1034 DECISIONS or, NATIONAL LABOR RELATIONS BOARD
all 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 Ex-
amniner and finds that no prejudicial errors were committed. The
rulings are hereby affirmed.
Pursuant to leave granted by the Board to all parties, Local No. 12'
and Local No. 11 filed briefs, which the Board has considered.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
City Auto Stamping Company is an Ohio corporation engaged
in the manufacture of automobile body stamping, such as fenders,
radiator shells, and truck cabs. Its factory and principal office are
located in Toledo, Ohio.
The principal raw material purchased by the Company is sheet
steel. During the year 1938 the approximate total value of sheet
steel purchased by the Company was $400,000. In that year, the
Company purchased 71 per cent of the steel used by it in States
other than the State of Ohio. During the same year, the total
value of the Company's finished products was $1,300,000. Approxi-
mately 88 per cent of its products were shipped to customers out-
side the State of Ohio.
II. THE ORGANIZATIONS INVOLVED
Local No. 12 is a labor organization chartered by International
Union, United Automobile Workers of America, affiliated with the
Congress of Industrial Organizations, admitting to membership all
employees of the Company excluding clerical employees and those
having the power to hire or discharge.. Local No. 12 admits fore-
men and assistant foremen to associate membership.
Local No. 11 is a labor organization, chartered by International
Union, United Automobile Workers of America, affiliated with the
American Federation of Labor, admitting to membership all em-
ployees of the. Company excluding clerical and supervisory em-
ployees. Local No. 11 admits assistant foremen and group leaders
to full membership, but admits foremen to associate membership
only.
III. THE QUESTION CONCERNING REPRESENTATION
On August 11, 24, and September 30, 1937, the Board issued its
Decision and Direction of Elections, Amendment to Direction of
Elections, and Supplemental Decision and Certification of Repre-
CITY AUTO STAMPING COMPANY 1035
selltatives,2 respectively, whereby the Board certified Local No. 12
as the exclusive representative for the purposes of collective bar-
gaining of the Company's employees in an appropriate unit con-
sisting of the Company's production employees, exclusive of clerical
and supervisory employees.
On November 1, 1937, the Company and Local No. 12 entered into.
a.n agreement by which Local No. 12 was recognized by the Com-
pasty as the exclusive representative of its employees, except those
engaged in a clerical or supervisory capacity. By its terms, the
agreement was to continue in effect until August 15, 1938, and,
thereafter until either party should give the other thirty (30) days'
notice of its intent to amend it.
Local No. 12 included in its membership employees of others than
the Company, and on July 5, 1938, the Company's employees left
Local No. 12 and asked for and were granted a separate, charter
by the International Union as Local No. 11, herein called Local
No. 11, U. A. W. A.3 On February 28, 1939, the Company and
Local No. 11, U. A. W. A., entered into a supplemental agreement
changing the agreement of November 1, 1937, so as to describe the
bargaining agent of the Company's employees as Local No. 11,
U. A. W. A.
Shortly thereafter, a schism occurred in the ranks of the Inter-
national Union.' In the Company's plant, Local No. 11, U. A. W. A.,
was split into two groups, one of which became affiliated with the
American Federation of Labor, 'some, time after March 4, 1939, as
Local No. 11. and the other of which became reaffiliated with Local
No. 12, on May 6, 1939. The Company has throughout maintained
,in attitude of impartiality and at the time of the hearing was
bargaining with both Local No. 11 and Local No. 12, each of which
claims to represent a majority of the. Company's employees.
As stated above, the agreement of November 1, 1937, as supple-
mented, was to continue in effect until August 15, 1938, and there-
after until either party should give the other thirty (30) days''
notice of its intent to amend it. The Board is not precluded by the.
2 3 N. L. R. B. 306.
3 Local No . 11, U. A. W. A., should not be confused with Local No. 11, the petitioning
union . The former represented the Company 's employees for a short time, after which,
some of the Company 's employees became affiliated with the A . F. of L. as Local No. 11,
and the balance became reaffiliated with Local No. 12.
4 This schism divided the International Union into two separate labor organizations,
one affiliated with the C . I. O. and the other with the A. F . of L. See Matter o f Chrysler
Corporation and United Automobile Workers of America , Local 371, affiliated with C. I. O.,
13 N. L . R. B. 1303 ; Matter of Motor Products Corporation and Local 203, Interna-
tional Union, United Automobile Workers of America , affiliated with the C . I. 0., 1h
N. L. R. B. 1320.
1036 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
agreement from investigating or certifying bargaining representa-
tives for the purposes of collective bargaining.5
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
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
At the hearing, Local No. 12 and Local No. 11 stipulated that the
unit appropriate for the purposes of collective bargaining includes
all employees of the Company, excluding clerical and supervisory
employees, and that foremen and assistant foremen are supervisory
employees. The only controversy is as to whether or not group
leaders are supervisory employees. Local No. 11 contends that they
are not, and should therefore be included in the appropriate unit;
Local No. 12 contends that they are supervisors and should therefore
be excluded.
The group leaders are production workers, who direct the work
of . employees under them and, at the same time, work along with
them. There is evidence to indicate that the group leaders have
minor supervisory functions. However, we are advised by the
Regional Director that, according to his records, in the previous elec-
tion held by the Board among the Company's employees, in which
supervisory employees ^.vere not permitted to vote,e group leaders
were permitted to vote and were not eonsicleecl supervisory employees.
We shall include the group leaders in the unit.
We find that all employees of the Company, including group
leaders, but excluding supervisory and clerical employees, foremen,
,and assistant foremen, 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
5 See Matter of Reading Transportation Company and Amalgamated Association of
Street, Electric Railway , and Motor Coach Employees of America, 10 N. L. R. B. 15 ;
Matter of Utica Knitting Company and American Federation of Labor, Local No. 21500,
S N. L. R. B. 783.
3 N. L. R. B. 306, 310, 313.
CITY AUTO STAMPJNG COMPANY 1037
to collective bargaining and otherwise effectuate the policies of the
Act.
VI. THE DETERMINATION OF REPRESENTATIVES
Local No. 11 and Local No. 12 each claims to represent a majority
of the employees in the appropriate unit. We find that an election
by secret ballot is necessary to resolve the question concerning
representation.
Local No. 11 contended at the hearing that the Company's pay rolls
at or about the time that Local No. 12 filed its petition herein, the
pay rolls for the month of April and the first. week in May 1939,
should be used to determine the eligibility of employees to vote in the
election, unless the Board felt that such a period was too remote or
that, in view of the fluctuating nature of the Company's eniplo^nieilt,
eligibility should be determined as of a greater period. During the.,
12 months prior to the hearing, employment in the Company's plant
fluctuated between 187 and 450. To determine eligibility as of such a
remote and brief period, therefore, would tend to deprive employees
with a substantial interest in the choice of representatives, of a voice
in such choice.
Local No. 12 contended that the current seniority list maintained
by the Company since 1934 and containing over 1,200 names,' should
be used for this purpose.. The agreement of November 1, 1937, as
supplemented, provides that "any employee who shall not work for
a period of nine (9) consecutive nmonths, not including general lay-
offs or sleet-downs, shall be removed from the seniority list." Al-
though this provision of the agreement has never been enforced, Local
No. 11 claims that the parties are bound by it. While the provisions
of the agreement are not binding on us, we feel that the 9-month
period specified therein, at the end of which the seniority of an em-
ployee who has not worked during the period is terminated, is per-
suasive as to what period of time we should select to insure eligibility
to vote to the greatest number of employees having a direct and
substantial interest in the choice of representatives, at the same time
excluding from such eligibility those whose possibility of reemploy-
ment is remote, if not non-existent.
We shall accordingly direct that the employees within the appro-
priate unit whose names appear upon the Company's current seniority
list as of the date of this Decision and Direction of Election, exclud-
ing those who did not work for the Company at any time during the.
9 consecutive months immediately preceding the date of this Deci-
sion and Direction of Election, not including general lay-offs or shut-
7 As stated above, the greatest number employed by the Company in the last .12 months
prior to the hearing was only 450.
1038 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
downs, and also excluding those who have since quit or been dis-
charged for cause, shall be eligible to vote in the election.
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 City Auto Stamping Company, Toledo,
Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the Act.
2. All employees -of City Auto Stamping Company, including
group leaders, but excluding supervisory, and clerical emlloyees,
foremen, and assistant foremen, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the 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, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2,
it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
-with City Auto Stamping 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 Relations Board
.and subject to Article III, Section 9, of said Rules and Regulations,
among all employees of City Auto Stamping Company, whose names
appear on the Company's current seniority list as of the date of this
Direction of Election, including group leaders, but excluding those
who did not work for the Company at any time during the 9 con-
secutive months immediately preceding the date of this Direction of
Election, not including general lay-offs or shut-downs, those who have
since quit or been discharged for cause, and supervisory and clerical
employees, foremen, and assistant foremen, to determine whether, they
desire to be represented by Local No. 12, International Union, United
Automobile Workers of America, affiliated with the C. I. 0., or by
International Union, United Automobile Workers of America, Local
No. 11, A. F. of L., for the purposes of collective bargaining, or by
-neither.
P