National Electrical Coil Co.

National Labor Relations Board - Board Decisions

Apr 13, 1943

48 N.L.R.B. 1183 (N.L.R.B. 1943)

In the Matter of NATIONAL ELECTRICAL COIL COMPANY and UNITED
ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA
Case No. R-5035.-Decided April 13, 1943
Jurisdiction : electrical windings manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board; election
necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees at one of the company's plants, with specified exclusions
Messrs. J. TV. Overstreet, of Columbus, Ohio, and C. L. Cruise, of
Bluefield, W. Va., for`the Company.
Messrs. 0. W. Singleton, and Joseph Joy, both of Charleston, W. Va.
for the Union.
Mr. Glenn L. Moller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio & Machine
Workers of America, herein called the Union, alleging that a ques-
tioii affecting commerce had arisen concerning the representation
of employees of National Electric Coil Company, Bluefield, West
Virginia, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
James A. Shaw, Trial Examiner. Said hearing was held at Bluefield,
West Virginia, on March 22, 1943. The Company and the Union
appeared, participated, and. were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the -issues. The Trial Examiner's rulings made at,
the hearing are free from prejudicial error and are hereby affirmed.
48 N. L R. B, No 140.
1183
1184 , MECISIONS OF NATIONAL LABOR RELATIONS BOARD'
Upon the entire record irk the case, the Board makes the following :
FINDINGS OF FACT!
I. THE BUSINESS OF TILE COMPANY
National Electric Coil Company, a West Virginia corporation, is
engaged in the manufacture of electrical windings for motors and
generators and the repair of electrical and mechanical equipment.
The Company's principal office and one of its two plants are located
in Columbus, Ohio. The Company's other plant, the operation here
involved, is located at Bluefield, West Virginia. In the year 1942
the Company used at the Bluefield plant raw materials valued at more
than $200,000, 85 percent of which was purchased and shipped to the
Bluefield plant from points outside the State of West Virginia. Dur-
ing the same period the Company shipped from the Bluefield plant
finished products valued at more than $500,000, 75 percent of which
was shipped to points outside the State of West Virginia.
The company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company!
III. THE QUESTION CONCERNING REPRESENTATION
On or about February 16, 1943, the Union requested that the Com-
pany recognize it as the exclusive bargaining representative of the
Company's employees at its Bluefield plant. The Company refused
to grant this request until there has been a certification by the, Board.
A statement of an attorney for the Board, introduced into evidence
at the hearing, indicates that the Union 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.
1 The record indicates that the parent body has issued a charter to Local 632, which is
composed of employees of the Company 's Bluefield plant and employees of another Blue-
field company. However, the petition was filed by the parent union and no request was
made to specify Local 632 as the bargaining representative.
2 The attorney for the Board reported that the Union submitted 108 membership cards,
102 of which bore the apparently genuine signatures of persons whose names appeared on
the Company 's pay roll of February 28, 1943. There are approximately 172 employees in
the appropriate unit.
NATIONAL ELECTRICAL, COIL COMPANY 1185
IV. THE APPROPRIATE UNIT
The parties stipulated that all production 'and maintenance em-
ployees, excluding foremen, assistant foremen, all clerical employees,
inspectors not engaged in production other than as demonstrators;
guards, employees engaged exclusively as watchmen, casual employees,
and any person having the right to hire or discharge, constitute a unit
appropriate for the purposes of collective bargaining.3
The parties were in disagreement as to one group of employees,
truck-driver-salesmen. The Union would include them on the grounds
that they are production employees and several of them have joined
the Union. The Company seeks to exclude them on the ground that
they are salesmen, representatives of the Company in its relations
with the public. The truck drivers, six` in number, devote approxi-
mately one-half, of their time to delivery work and the other half
to the solicitation of new business. Each driver is assigned to a
specific territory. They are under the supervision of the storekeeper
with respect to deliveries, but are responsible to, the plant 'manager
and sales manager with respect to their sales activities. All but one
are paid on a monthly basis. These employees are the Company's rep-
resentatives in its contacts with the public and are directly responsible
to the management. Under the circumstances we shall exclude them
from the appropriate unit.
We find that all production and maintenance employees at the
Company's Bluefield, West Virginia, plant, excluding foremen, as-
sistant foremen, all clerical employees, inspectors not engaged in pro-
duction other than as demonstrators, guards, employees engaged
exclusively as watchmen, casual employees, truck-driver-salesmen,
and all persons with authority to hire or discharge, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing 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 Elec-
tion herein, subject to the limitations and additions set forth therein.
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
3 The parties stipulated that the term "casual employees" shall mean "persons employed
on a temporary basis and retained by the Company less than 30 days."
1186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions 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 National Electric
Coil Company, Bluefield, West Virginia, 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 super-
vision of the Regional Director for the Ninth Region, acting in this
matter as agent for the National-Labor Relations Board, and subject
to Article Ill, Section 10, 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 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 temporarily
laid off, and including employees in the armed forcds of the United
States who present themselves in person at the polls, but excluding
those employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by United
Electrical, Radio & Machine Workers of America, affiliated with the
Congress of Industrial Organizations , for the purposes of collective
bargaining.
J