Thompson Products, Inc.

National Labor Relations Board - Board Decisions

Feb 28, 1946

66 N.L.R.B. 123 (N.L.R.B. 1946)

In the Matter of THOMPSON PRODUCTS , INC. and INTERNATIONAL AS-
SOCIATION OF MACHINISTS , FOR ITSELF AND IN BEHALF OF LODGE 311,
AFL
Case No. 21-R-3117.-Decided February 28, 1946
Latham and Watkins, by Mr. R. W. Lund, of Los Angeles, Calif.,
for the Company.
Mr. E. R. White, of Los Angeles, Calif., for the IAM.
Mr. Charles G. Kessler , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Association of Machin-
ists, for itself and in behalf of Lodge 311, AFL, herein called the
IAM, alleging that a question affecting commerce had arisen concern-
ing the representation of employees of Thompson Products, Inc.,
herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before David
Aaron, Trial Examiner. The hearing was held at Los Angeles,
California, on December 14, 1945. The Company and the IAM
appeared and participated. All parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. During the course of the
hearing the Company moved to dismiss this proceeding on the
grounds that (1) the TAM failed to show an interest in this pro-
ceeding; and (2) the contemplated expansion of personnel in the
alleged appropriate unit militates against a present determination
of representation. The Trial Examiner reserved ruling on this motion
for the Board. For reasons stated in Sections III and V, infra, 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 opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
66 N. L. R. B., No. 3.
123
1 24 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Thompson Products, Inc., an Ohio corporation, operates a plant
at Bell, California, where it is engaged in the manufacture of engine
tappets, valve guides, valve seats, and other products. Sales from
the Bell, California, plant are in excess of $1,500,000 annually, of
which more than 65 percent represents shipments to points outside
the State of California. Purchases at this plant, consisting primarily
of steel, tools, gears, and machinery, are in excess of $1,000,000 an-
nually, of which more than 80 percent represents shipments from
points outside the State.
The Company stipulates, and we find, that it is engaged in com-
merce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists and its Lodge 311 are
labor organizations admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the IAM as the exclusive
bargaining agent of certain of its employees until the IAM is certi-
fied by the Board in an appropriate unit.'
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the IAM represents a substantial number of
employees in the unit hereinafter found appropriate.2
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
We find, in accordance with the agreement of the parties, that
all production and maintenance employees at the Company's Bell,
X As noted above , the Company in its motion to dismiss the petition urges as one
of its grounds that the Union has failed to make a showing of interest in support
thereof. It points to the Field Examiner 's report that all membership cards signed
by employees of the Company ran in favor of Lodge 311 , IAM, and argues therefrom
that the employees have merely designated the Lodge and not the IAM, the parent.
We find no merit in this contention . Designation of an affiliate is a valid designation
of a parent organization.
2 The Field Examiner reported that the IAM submitted 61 membership cards, and
that there were approximately 17I employees in the appropriate unit.
THOMPSON PRODUCTS, INC. 12S
California, plant, excluding clerical and office employees, guards,
timekeepers, timestudy men, outside truck drivers, all or any other
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees,
or effectively recommend such action, 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
The Company moves that the petition herein be dismissed and no
election directed on the further ground that the number of its em-
ployees will be materially increased upon completion of its peace-
time expansion program.
It was disclosed at the hearing that the Company's normal pre-war
complement of 175 production and maintenance employees was in-
creased during the war to 450. Due to reconversion to peacetime
production after VJ Day, this complement had been reduced to 138
at the time of the hearing. Although the Company asserted that it
has every expectation of increasing its employment to its wartime
size, it was unable to give any approximate date for such expansion.
In addition, while contending that future production will be ex-
panded due to its new developments and new products, the Company
admitted the possibility of considerable delay in the production of
new products due to required testing. Under these circumstances,
we do not believe that the large number of employees now working
at the plant should be deprived, simply because the Company intends
to expand its working force, of their rights at the present time to
bargain collectively with the Company as provided in the Act. We
shall, accordingly, proceed with an immediate determination of rep-
resentatives. However, because the number of production and main-
tenance employees may more than double within a comparatively
short time as a result of the Company's plant expansion, we shall
entertain a new representation petition affecting the employees in
this unit within a period of less than 1 year, but not before the expira-
tion of 6 months from the date of any certification which we may
issue in this proceeding, upon proof that (1) the number of
employees eligible to vote in the election hereinafter directed; and
(2) the petitioning labor organization represents a substantial num-
ber of employees in the expanded unit .3
At the time of the hearing the Company had about 115 employees
in the armed services who, the Company asserts, are either production
$ See Matter of United Engsneersng and Foundry Company , 57 N. L. R B. 1208;
Matter of Aluminum Company of America . 52 N. L . R. B. 1040
126 DECISIONS OF NATIONAL- LABOR RELATIONS BOARD
or maintenance employees. The Company requests ,,if an election is,
directed, that we permit the use of mail ballots by these employees
in the armed services. The circumstances in this case are not sub-
stantially or materially different from those present in the South
West Pennsylvania Pine Lines case .4 We shall, therefore, as in that
case, provide for mail balloting of employees on military leave.
Accordingly, we shall direct that an election by secret ballot be
held among the employees 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 the Direction. The Regional Director shall
mail ballots to employees within the appropriate unit on military
leave, provided one or more of the parties hereto, within seven (7)
days after receipt of the Direction of Election, files with the Regional
Director a list containing the names , most recent addresses, and work
classifications of such employees. The Regional Director shall open
and count the ballots cast by mail by employees on military leave,
provided that such ballots must be returned to and received by the
Regional Office within thirty (30) days from the date they were
mailed to such employees by the Regional Director.-'
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, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Thompson Prod-
ucts, Inc., Bell, California, an election by secret ballot shall be
conducted as early as possible, but not later than forty-five (45) 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
'See Matter of South We8t Pennsylvania Pipe Linea , 64 N. L. R. B. 1384; see also
Matter of Food Machinery Corporation, Sprague-Betts Division, 64 N. L. R.' B. 1405.
5 A free interchange between the interested parties of information on the addresses
and work categories of the employees to be voted by mail will be necessary, in order
to avoid challenges and post-election objections . Accordingly, the Board will make
available to all Interested parties any information of this nature furnished it by any
other party. In the event that the parties should send the absentee voters Informa-
tion or literature bearing directly or indirectly on the pending election, copies of all
such documents should be simultaneously filed with the Regional Office for inspection
by or transmittal to the other parties. However, acceptance or transmittal of such
literature by the Board's office is not to be construed as conferring immunity on the
filing party in the event that objections are later interposed concerning its content
The usual principles will apply.
THOMPSON PRODUCTS, INC. 127
to Article III, Sections 10 and 11, of said Rules and Regulations,
among employees in the unit found appropriate in Section IV, above,
who were employed during the pay-roll period immediately pre-
ceding 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, but excluding those employees 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 or
not they desire to be represented by International Association of
Machinists, for itself and in behalf of Lodge 311, AFL, for the
purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.