Wagner Awning and Manufacturing Co.

National Labor Relations Board - Board Decisions

Nov 9, 1954

110 N.L.R.B. 835 (N.L.R.B. 1954)

YOUNGSTOWN TENT AND 'AWNING COMPA-NY - 835
YOUNGSTOWN TENT AND AWNING COMPANY • AND/OR YOUNGSTOWN
TENT AND AWNING COMPANY, A DIVISION OF WAGNER AWNING AND
MANUFACTURING COMPANY and UNITED STEELWORKERS OF AMERICA,
CIO, PETITIONER . Case No. 8-RC-2304 . November 9, 195 . -
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Bernard Ness, hear-
ing officer. • The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. The Petitioner moved
to amend name to Youngstown Tent and Awning Company and/or
Youngstown Tent and Awning Company, Division of Wagner Awn-
ing and Manufacturing Company. The motion is granted.
Upon the entire record in this case, the Board finds :
1. The Employer, hereinafter referred to as Youngstown, is a
,wholly owned subsidiary of the Wagner Awning and Manufacturing
Company of Cleveland, Ohio, hereinafter referred to as Wagner.
Other wholly owned subsidiaries of Wagner engaged in sales and
.services similar to Youngstown are Canton Tent & Awning Co., Can-
ton, Ohio; Akron Tent & Awning Co., Akron, Ohio; Columbus Tent
& Awning Co., Columbus, Ohio; Wheeling Tent & Awning Co.,
Wheeling, W. Va.
Wagner is an Ohio corporation, as are all the subsidiaries, and
maintains its principal plant and offices at Cleveland, Ohio. It is
engaged in the manufacture of tents and awnings and related prod-
ucts. Gross sales of Wagner for the fiscal year, September 1, 1952,
,to August 31, 1953, amounted to approximately $2,837,000, of which
approximately $500,000 represents goods shipped directly out of the
State of Ohio, and $400,000 represents goods shipped to concerns
within the State of Ohio who themselves produced goods for out-of-
State shipment. Included in this latter figure of $400,000 are such
items as tarpaulins for Army tanks and trucks supplied to the Cadillac
Tank Plant in Cleveland, Ohio, and carpets sewed and bound by
Wagner for the Chevrolet Division of General Motors delivered to
Fisher-Norwalk Company at Norwalk, Ohio, which amounted to
$175,000.
Youngstown is engaged, primarily, in the sale of awnings and the
sale and rental of tents for fairs and carnivals and services connected
therewith. It is a retail outlet, purchasing the majority of its stock
from Wagner. It puts up awnings, takes them down, and stores them;
engages in fabrication to a limited degree consisting mostly of repairs
to tents, tarpaulins, canvas pads, curtains, etc.; and prepares frame-
work for new awning sales. Orders for awning secured by Youngs-
town are passed on to Wagner where the awning canvas is cut to
110 NLRB No. 138.
836 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
specification and then sent to Youngstown where it is sewn and
mounted on the framework. Rods, pipe, and iron used in the frame-
work is purchased by Youngstown from Wagner, but is formed at
Youngstown. Tents sold- or rented by Youngstown are completely
fabricated by Wagner.
For the fiscal year, from September 1, 1952, to August 31, 1953, the
gross sales of Youngstown amounted to $187,924.64. Out-of-State
shipments as well as out-of-State services amounted to $10,673.30 of
the above figure; industrial sales, including services performed inside
the State of Ohio, $33,547.75; and residential sales, including services
performed within the State of Ohio, $143,703.59.
Both Youngstown and Wagner have the same corporate officers and
directors, and all the - stock of Youngstown is owned by Wagner.
Books and records of both companies are kept at Wagner offices in
Cleveland. All monies collected at Youngstown are deposited in its
own account at Youngstown and later transferred to Wagner's account
in Cleveland from where all disbursements are made, including the
Youngstown payroll. Only a small cash fund is maintained at
Youngstown for the purchase of small items. All bills are sent to the
centralized purchasing office in Cleveland for payment. Neither
Wagner nor any of its subsidiaries, including Youngstown, have now
or have had any bargaining relations with any labor organization.
Youngstown owns the property where it conducts its business; in-
come tax returns as well as reports to the Ohio Industrial Commission
and to'the Treasury Department concerning social security and with-
holding taxes are filed in the name of Youngstown. The manager of
Youngstown has the authority to hire and discharge all personnel at
Youngstown, to select employees for layoff, and generally, has charge
of any labor relations there. He is responsible for the supervision
and management of Youngstown and reports only to the president
of Youngstown who is also i he president of Wagner. The Youngs-
town manager decides the wage rate necessary to pay in that locality.
He does not have the independent authority to grant wage increases
to employees, but his recommendations within the general wage rate
would be automatically approved by the president.
In view of the integration of Youngstown and Wagner, the officers
holding the same positions in both Youngstown and Wagner, and the
control exercised over Youngstown by Wagner, we are of the opinion
and find that Youngstown Tent and Awning Company and Wagner
Awning and Manufacturing Company constitute a single Employer
within the meaning of Section 2 (2) of the Act. We also find, in
view of the totality of its operations, that the Employer is engaged
in commerce within the meaning of the Act.
2. "The labor organization involved claims to represent certain
employees of the Employer.
NATIONAL TRUCKING COMPANY 837
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. There are approximately 10 or 12 employees at Youngstown in
:addition to 2 clerical employees, a shop foreman, an assistant man-
ager, and the manager. The Petitioner seeks a unit of all hourly paid
employees at Youngstown, excluding office and plant clericals, pro-
fessional employees, guards, and supervisors. The Employer, al-
though it does not stipulate to the appropriateness of the unit, does not
contest its appropriateness.
We find that the following employees of Youngstown Tent and
Awning Company, -and/or Youngstown Tent and Awning Company,
a division of Wagner Awning and Manufacturing Company, Youngs-
town, Ohio, constitute a unit appropriate for the purpose of collective
bargaining within the meaning of the Act : All hourly employees ex-
eluding all office and plant clerical employees, professional employees,
,guards, and supervisors as defined in the Act.
,[Text of Direction of Election omitted from publication.]
NATIONAL TRUCKING COMPANY, PETITIONER and TRUCK DRIVERS AND
HELPERS LOCAL UNION No. 728, INTERNATIONAL BROTHERHOOD OF
TEAMSTERS , CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA,
AFL. Case No. 10-RM-162. November 9, 1954
Supplemental Decision and Certification of Results of Election
Pursuant to a Decision and Direction of Election issued by the Na-
tional Labor Relations Board on August 10, 1954, an election by secret
ballot was conducted by the Regional Director for the Tenth Region
-on August 30 and 31, 1954, among the truckdrivers, shop employees,
and yardmen at the Employer's Hapeville, Georgia, terminal. Upon
the conclusion of the election, a tally of ballots furnished the parties
showed that, of approximately 98 eligible voters, none cast valid bal-
lots for the Union, 62 cast valid ballots against the Union, and 26 bal-
lots were challenged.
On September 8, 1954, the Union filed with the Regional Director
timely objections to the election. Thereupon, in accordance with the
Board's Rules and Regulations, the Regional Director conducted an
investigation. On September 29, he issued and duly served upon the
parties his report on objections to election, in which he recommended
that the objections be overruled in their entirety and that the Board
certify the results of the election.
On October 11, 1954, the Union filed timely exceptions to the report,
renewing, in substance, the contentions set forth in the objections.
110 NLRB No. 137.