Fruehauf Trailer Company Of California And United Auto, Aircraft And Agricultural Implement Workers Of America, Local 811, C. I. O., 757 (1941)

In the Matter of FRUEHAUF TRAILER COMPANY OF CALIFORNIA and UNITED AUTO, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, LOCAL 811, C. I. O.

Case No. R-3089-Decided December 18, 1941 Jurisdiction: motor trailer and body manufacturing industry.

Investigation and Certification of Representatives: existence of question:

refusal of Company to accord union recognition; collective bargaining agreement which has been abandoned by both the Company and the union, no bar to; name of competing organization which made no showing of representation at the hearing, but which conducted joint organizational campaign with another union, to be placed on the ballot jointly with that union, but with leave to withdraw upon notice within five days; election necessary.

Unit Appropriate for Collective Bargaining: all production and maintenance employees in the manufacturing and sales departments and in the service shops of the Company, including truck drivers, but excluding supervisors, and salaried and office employees.

Mr. Stanley A. Phipps, of Los Angeles, Calif., for the Company.

Gallagher & Wirin, by Mr. Harry A. Kaplan, of Los Angeles, Calif., for the U. A. W.

Mr. John V. Cralley and Mr. A. H. Peterson, of Los Angeles, Calif., for the I. A. M.

Mr. Lew C. G. Blix, of Los Angeles, Calif., for the Teamsters.

Mr. Marvin C. Wahl, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE, CASE On or about August 25, 1941, United Auto, Aircraft and Agricultural Implement Workers of America, Local 811, C. I. O.,1 herein called the U. A. W., filed with the Regional Director for the Twentyfirst Region (Los Angeles, California) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Fruehauf Trailer Company of California, Los Angeles, 1 By motion granted at the hearing, the name of the organization was amended to read as appears above.

California, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act.

On September 30, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice.

On September 30, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the U. A. W., and upon International Association of Machinists, Welders and Production Workers, Local 311, A. F. of L., herein called the I. A. M., and International Brotherhood of Teamsters, Chauffeurs,

Warehousemen and Helpers of America, Local 495, of the Garage,

Automotive and Service Station Employees, A. F. of L., herein called the Teamsters, labor organizations claiming to represent employees directly affected by the investigation.2 Pursuant to notice, a hearing was held on October 8, 1941, at Los Angeles, California, before Maurice J. Nicoson, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the U. A. W. were represented by counsel and the I. A. M. and Teamsters by their representatives; all parties participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner made various rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed.

Upon the entire record in the case, the Board makes the following:

FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Fruehauf Trailer Company of California, a California corporation, is engaged in the manufacture and sale of commercial motor trailers and bodies. It maintains and operates plants in Los Angeles, herein involved, and in Fresno and San Diego, California, Seattle, Washington, and Portland, Oregon. During the first 6 months of 1941, it purchased products valued at more than $500,000; more than $380,000 worth of the products were shipped from places outside the State of California. During the same period, the Company's 2 Notice of hearing was also duly served upon the Trailer Employees Service Association, but that organization did not appear at the hearing.

net sales amounted to more than $1,800,000. Of this amount, approximately $490,000 was received from the sale of products shipped to places outside of California. The Company admits that it is engaged in commerce within the meaning of the Act.

  1. THE ORGANIZATIONS INVOLVED United Auto, Aircraft and Agricultural Implement Workers of America, Local 811, is a labor organization affiliated with the Congress of Industrial...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT