Square D Co.

National Labor Relations Board - Board Decisions

Jun 5, 1943

50 N.L.R.B. 120 (N.L.R.B. 1943)

In the Matter of SQUARE D COMPANY and UNITED ELECTRICAL, RADIO
AND MACHINE WORKERS OF AMERICA, C. I. O.
Case No. R-53441.-Decided June 5, 19,143
Mr. A. H. Gudie, of Los Angeles, Calif., for the Company.
Messrs. Milton S. Tyre and Leo Turner, of Los Angeles, Calif, for
the C. 1. 0.
Messrs. George E. Ellicott and K. Lundquist, of Los Angeles, Calif.,
for the I. B. E. W. -
Messrs. George E. Mock and Thomas L. Young, of Los Angeles,
Calif., for the Warehousemen.
Mr. Kenneth M. Grifjioa, of Los Angeles, Calif., for the Truck
Drivers.
Miss Viola James, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Electrical, Radio and Machine
Workers of America, affiliated with the Congress of Industrial Or-
ganizations, herein called the C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees' of
Square D Company, Los Angeles, California, herein called the Com-
pany, the National Labor Relations Board provided for an appropriate
hearing upon due notice before Daniel J. Harrington, Trial Examiner.
Said hearing was held at Los Angeles, California, on May 7, 1943.
The Company, the C. I. 0., International Brotherhood of Electrical
Workers, LocalUnion No.13-11, Switchboard Unit, and General Ware-
housemen's Local Union 598, both affiliated with the American Federa-
tion of Labor, herein called the I. B. E. W., and the Warehousemen
respectively, 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 Trial Examiner's
rulings are free from prejudicial error and are hereby affirmed.
1 Truck Drivers Local Union No. 208 , affiliated with the American Federation of Labor,
herein called the Truck Drivers, appeared at the hearing, but did not participate.
50 N. L. R. B., No. 27.
120
SQUARE D COMPANY 121
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Square D. Company, a Michigan corporation, is engaged at its
Los Angeles, California, plant in the manufacture of electrical
switches, switchboards, panelboards, motor control, and aircraft de-
vices. During 1942, this plant used steel, copper, ebony, and other
raw materials amounting to approximately $1,500,000 in value, of
which approximately 70 percent was purchased from points outside
the State of California. During the same period the plant's sales
amounted to approximately $2,345,000 in value, of which approxi-
mately $363,000 represented sales of products shipped to points out-
side the State of California. The Company admits that it is engaged in
commerce at its Los Angeles plant within the meaning of the National
Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Electrical, Radio and Machine Workers of America, affil-
iated with the Congress of Industrial Organizations, and Interna-
tional Brotherhood of Electrical Workers, Local Union No. B-11,
Switchboard Unit; General -Warehousemen's Local Union 598; and
Truck Drivers Local Union No. 208, all affiliated with the American
Federation of Labor, are labor organizations, each admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 25, 1943, the C. I. O. advised the Company that it rep-
resented a majority of the Company's employees. At that time both
the I. B. E. W. and the Warehousemen were negotiating with the
Company for bargaining agreements. Upon receipt of the C. I. O.'s
notice that it claimed a majority, the Company ceased negotiations
with the I. B. E. W. and the Warehousemen, and thereafter all the
parties herein agreed that a hearing was necessary in view of the
conflicting unit contentions.
The I. B. E. W. has had contractual relations with the Company
since 1938. In January 1943, the I. B. E. W. and the Company
verbally agreed, while negotiations for a new contract were pending,
to extend the existing contract 90 days from its expiration, date of
March 1, 1943. The I. B. E. W. contends that the extended contract
operates as a bar to an election herein. We find that contention with-
i
122 DECISIONS OF NATIONAL LABOR RELATIONS BO'A'RD
out merit, since the extension agreement was verbal and, in any
event, is about to expire .2
1
A statement of an agent for the Board, introduced into evidence
at the hearing, indicates that the C. I. 0., the I. B. E. W., and the
Warehousemen each represents a substantial number of employees
in the units alleged by each to be appropriate.3
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 DETERMINATION OF REPRESENTATIVES
The'C. 1. 0., the I. B. E. W., and the Company substantially agree
that a -plant-wide .unit is appropriate., There are minor disputes as
to the inclusion or exclusion of certain categories. The Warehouse-
men seeks a separate unit of warehousemen as opposed to the I. B.
E. W. and the Company who would include warehousemen in, the
large unit. The C. I. 0. takes no position as to whether the warehouse
men should constitute a separate unit or not, although it has or-
ganized on a plant-wide basis and some warehousemen are members
of the C. 1. 0.
The Warehousemen organized 'the warehouse employees in 1942.
and, notwithstanding the fact that the I. B. E. W. contracts recite
that the I. B. E. W. is the sole bargaining agency for all the employees
of the Company, the Warehousemen during 1942 and 1943 had several
'conferences with the Company with-respect to the establishment of
wage scales for the warehouse employees and has presented grievances
on their behalf. There are approximately 12 employees in the unit
'sought by the Warehousemen. They are variously classified as stock
clerks, craters, wrappers and packers, and they are located in the
receiving department, which includes the stockroom, and the ship-
2 See Matter of Ficor, Inc, and District No 8, International Association of Machinists,
A. F of L., 46 N. L. R. B. 105, wherein the Board found that a contract not, signed,and
executed is no bar
3 The C I 0 submitted 102 authorization cards (2 undated and 100 dated in Mai ch
and April of 1943), all but 1 bearing apparently genuine oiigmal signatures and 96 of
which bore the names of persons on the Company's pay roll of April 2, 1943, which lists
174 employees in the unit deemed appropriate by the C I 0 - '
The I. B E IV submitted a list bearing,the names of 116 employees whose dues were
voluntarily checked off by the Company for the month of starch 1943; all 116 names ale
allegedly those of employees in the unit sought by ilie I B 'E W , and 113 were listed by
the Company as within the unit sought, by the C. I 0
The warehousemen submitted 23 application for membership cards (1 undated, the re-
mainder dated from August 1942 to April 1943), 'all of which bore apparently genuine
original signatures, and I1 of which bore the names of persons on the Company's payroll
of April 2, 1943, which listed 12 employees'in the unit deemed appropriate by the Waee-
lrousemen . , ' . , ,
The agent fm ttier iepoited that 4 of the employees who designated the C. I .0 as their
'baraauiing aent an-d" 1 of the enrployeds foinrd'to -have their dues checked off to' the
1. B P IV were'listed by the Company. as within the unit sought" by the warehousemen
T',e Truck Duieis submitted no evidence of representation. -
SQUARE D COMPA\F 1,23
ping department. Although the receiving and shipping departments
are under separate supervision, the duties of the employees therein are
functionally related. ''In' view of these circumstances, we are of the
opinion that the warehouse employees may appropriately be estab-
lished as a separate unit if they so desire. We shall'exclude the 1
or 2 clerks in the receiving and shipping 'departments who are con-
sidered as working foremen, as they have the authority to, recommend
the hiring and discharging of employees. ,
Of the remaining production and maintenance employees who have
been bargained for by the I. B. E. W.,'the last bargaining contiact
specifically excludes 'executives, foremen or supervisors having the
authority to hire or discharge, clerks, office emp3loyees, engineers,
draftsmen, salesmen, outside employees, watchmen, and janitors. We
find that these employees should be excluded. The Company has from
30 to 38 working foremen, whom the C. I. 'O. and the'I. B. E. W.
would include. However,' since they have the,authority to recom-
nmend the hiring and discharging of employees, we shall 'exclude the
working foremen. The Company has 1 tz uck driver whom all the
parties agree to exclude. As he apparently is a member of the Truck
Drivers and -is bargained for by that union, "ire shall exclude the
truck driver.
We shall direct that separate elections be held (1) among the ware-
housemen, described below,' to determine whether they desire to be
represented by the C. I. 0., or'by the L B. E. W., or by'the Ware-
housemen, for the purposes of collective, bargaining, or by none;
and (2) among the remainder of the Company's production and
maintenance employees, with the inclusions and exclusions noted be-
low, to determine whether they. desire to be represented by the C. I. O.
or by the I. B. E. W., or by neither. If the majority in each group
selects the same organization, they will together constitute a single
appropriate unit. If the majority in either group does not select the
same organization, they will constitute separate 'appropriate units.
We shall direct that the question concerning representation which
has arisen be resolved by elections by secret ballot among the groups
of employees indicated, in the Direction of Elections who' were em-
ployed during the pay-roll period immediately preceding` the date of
the Direction of Elections subject to the limitations and additions set
forth in the Direction.
DIRECTION OF ELECTIONS
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 9, of National Labor
424 DECISIONS OF NATIONAL LABOR RELATIONS BOARD.
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Square D Com-
pany,'Los Angeles, California, elections by secret ballot shall be con-
ducted 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 Twenty-first Region, acting in this matter
as agent for. the National Labor Relations Board, and subject to
Article III, Section 10, of said Rules and Regulations,, among the fol-
lowing groups of employees at the Company's Los Angeles plant who
were employed during the pay-roll period immediately 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 tempora-
rily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding those who have since quit or been discharged for, cause :
1. All production and maintenance employees, excluding ware-
housemen, executives,' administrative employees, clerks, office em-
ployees, engineers, draftsmen, salesmen, outside employees, watch-
men, janitors, truck drivers, and supervisors, foremen and working
foremen who have the authority to recommend the hiring and dis-
charging of employees, to determine whether they desire to be repre-
sented by United Electrical, Radio and Machine Workers of America,
affiliated with the Congress of Industrial Organizations, or by Inter-
national Brotherhood of Electrical Workers, Local Union No. B-11,
Switchboard Unit, affiliated with the American Federation of Labor,
for the purposes of collective bargaining, or by neither; and
2. Among all warehousemen, including stock clerks, craters, wrap-
pers, and packers, but' excluding the working foremen who have the
authority to recommend the hiring and discharging of employees, to
determine whether they desire to be represented by United Electrical,
Radio and Machine Workers of America, affiliated with the Congress
of Industrial Organizations, or by International Brotherhood of Elec-
trical Workers, Local Union No. B-11, Switchboard Unit, affiliated
with the American Federation of Labor, or by General Warehouse-
men's Local Union 598, affiliated with the American Federation of
Labor, for the purposes of collective bargaining, or by none.