Electrographic Corp.

National Labor Relations Board - Board Decisions

Jun 19, 1944

56 N.L.R.B. 1537 (N.L.R.B. 1944)

In the Matter Of MID WEST BODY AND MFG. DIVISION ELECTROGRAPHIQ
CORPORATION and UNITED BROTHERHOOD OF CARPENTERS AND JOINERS
OF AMERICA
Case No. 14-R-924.-Decided June 19, 1944
Mr. E. S. Grumbdche, of Paris, Ill., for the Company.
Mr. C. A. Shuey, of Indianapolis, Ind., and Mr. Charles Hewitt, of
Paris, Ill., for the Carpenters. -
Mr. Charles H. Moon, of Terre Haute; Ind., and Mr. Floyd Morris,
of Paris, Ill., for the Construction Workers.
Mrs. Catherine W. Goldman, of counsel to the Board.
DECISION '
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Brotherhood of Carpenters
and Joiners of American, herein called the Carpenters, affiliated with
the American Federation of Labor, alleging that a question affecting
commerce had, arisen concerning the representation of employees of
Mid West Body and Mfg. Division Electrographic Corporation, Paris,
Illinois, herein called the Company, the National Labor Relations
Board provided for an' appropriate hearing upon due notice before
Keith W. Blinn, Trial Examiner. Said hearing was held at Paris,
Illinois, on May 16, 1944. At the hearing the Trial Examiner granted
a motion to intervene made by United Construction Workers of
America, affiliated with the United Mine Workers of America, herein
called the Construction Workers. The Company, the Carpenters, and
the Construction Workers; appeared and participated. All parties
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
The Construction Workers moved that the petition be dismissed be-
cause of a contract between it and the Company. For reasons here-
inafter stated, the motion is denied. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and ' are 'hereby
affirmed. All parties were afforded an opportunity to file briefs with
the Board.
56 N. L. R. B, No. 277. _
1537
1538 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire'record in the case, the Board makes the following:
FINDINGS OF FACT
'I. THE BUSINESS OF THE COMPANY
Mid 'West Body and Mfg. Division,Electregraphic Corporation, a
'Delaware corporation, is engaged in the manufacture, sale, and dis
tribution of truck and trailer bodies, and bomb and torpedo handling
equipment. Only its operation at Paris, Illinois, is involved in this
proceeding. During 1943 the Company purchased raw materials
exceeding $100;000 in value, of which approximately' 70 percent was
purchased and shipped from outside the State of Illinois to the Paris
plant. During the same period the Company sold- finished products
exceeding $100,000 in value, of which' approximately 90 percent was
shipped from the Paris plant to points outside the State of Illinois.
The Company's operations at present are devoted entirely to the war
effort.
The Company admits that it is engaged in commerce within the
meaning of the National L• abor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Brotherhood of Carpenters and Joiners, of America, affil-
iated with the American Federation of Labor, is a labor organization
admitting to membership employees of the Company.
United Construction Workers of America, affiliated with the United-
Mine Workers of America, is a labor organization admitting to mem=
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Carpenters as
=the exclusive bargaining representative of its employees because of
`its doubt concerning the majority representation of the Carpenters,
,and because, of its contractural relations with the Construction
Workers.
The Company and the Construction Workers executed a contract
on November 18, 1942, following , a consent election conducted on
October, 27, 1942. The contract, was to be in effect for a period of 1
year, and was automatically 'renewable from year to year in the
absence of notice.given 30 days prior to the expiration of any yearly,
term. On August 27,1943, the parties amended the contract to provide
for wage changes and check-off of union dues. The amended con-
tract ' was to be)i1 effect until April 30, 1944,-and was automatically
renewable for yearly periods thereafter in the absence of 30 days'
notice prior to April 30,, of any year. On February 27, 1944, the
MID WEST BODY AND MFG. DIVISION ELECTROGRAPHIC CORP. 1539
Carpenters notified the Company of its claim of representation. Upon
the, Company's refusal to grant it recognition, the Carpenters filed
its petition` in this proceeding on March 3, 1944.- On April 30, 1944,
the Company and the Construction Workers executed a second supple-,
mental and amendatory contract, effective until April 30, 1946, and
from year to year thereafter.
The Construction Workers asserts its contract as a bar to an
investigation concerning representation at this time. However, the,
Carpenters' claim of representation 'was made, and its petition was
filed, prior to the automatic renewal date of the contract of August
27, 1943, and prior tq the execution of the contract of April 30, 1944.
We, therefore, find that the contract between the Company and the
Construction Workers cannot operate to preclude a' present deter-
mination of representatives. ' '
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that'the Carpenters represents a substantial, number of
employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has, arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT -
The parties are generally agreed that the unit should cover all
production- and maintenance employees, excluding watchmen and
guards, office and clerical employees, timekeepers, stockroom and re-
ceiving employees, and supervisory employees? They are in dis-
agreement, however, concerning the janitor, the Company requesting
his exclusion, and the Carpenters and the Construction Workers his
inclusion. ,
The Company employs one person classified-as a janitor. This
employee performs a variety of odds jobs. He-cleans the general
offices, drives the Company car to perform errands, makes blueprints,
and does some photographic work. He was included in the contracts
between the Company and the Construction Workers. We shall iu
elude the janitor in the unit.
We find that all production- and maintenance employees, including
the janitor, but excluding watchmen and guards, office and clerical
3 The Field Examiner reported that the Carpenters submitted 180 application cards ; that
the names of 143 persons appearing on the cards were listed on the Company 's pay roll of
March 29, 1944 ; that there are 289 employees in the unit , requested; and that the cards
were dated as follows : 1 in January 1944, 86 in February 1944, 39 in March 1944, 15
undated , and 2 improperly dated.
The Construction workers relies upon its contract to establish its interest in the
proceeding.
a This unit is substantially the same as the unit covered by the contracts between the
Company and the Construction workers.
1540 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees, timekeepers, stockroom' and receiving employees; and all
supervisory employees with, authority to hire, promote, discharge,
discipline,' or otherwise effect changes in the status of, employees, or
effectively recommend such action,3 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 shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the
pay-roll period immediately preceding the .date of the Direction of
'Election herein, subject to the limitations and additions set forth in
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining-with Mid West Body
and Mfg. Division Electrographic Corporation, Paris, 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 supervision of the Regional Director for the Fourteenth
Region, acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Sections 10 and 11, 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 im-
mediately preceding the date of this Direction, including employees
who did not work during said pay-roll period because they,were ill or
on vacation or temporarily laid off, and including employees in the
armed forces of the United States who present themselves in person
at the polls, but excluding any who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date of
the election, to determine whether they desire to be represented by
United Brotherhood of Carpenters and Joiner's of America, affiliated
with the American Federation of Labor or by United Construction
Workers of America, affiliated with the United Mine Workers of
America, for the purposes of collective bargaining, or by neither.
3 The parties are agreed and we find that subforemen , foremen , and all higher ranking
supervisory employees fall within the definition of superv i sory employees set forth above.