General Dry Batteries, Inc. And Battery Workers' Federal Labor Union, No. 22516, A. F. Of L., 1017 (1941)

In the Matter of GENERAL DRY BATTERIES, INC. and BATTERY WORKERS' FEDERAL LABOR UNION, No. 22516, A. F. OF L.

Case No. R-2283.-Decided February 21, 1941 Jurisdiction: battery manufacturing industry.

Investigation and Certification of Representatives: existence of question: refusal to accord union recognition; contract entered into after filing of petition with notice of rival union's claim to representation, no bar to; eligibility determined on the basis of the pay roll immediately preceding the execution of the contract;

election necessary.

Unit Appropriate for Collective Bargaining: all employees at one of the Company's plants, excluding office, clerical, supervisory, and machine-shop employees; stipulation as to.

Padway, Goldberg & Tarrell, by Mr. A. G. Goldberg and Mr. David Sigman, of Milwaukee, Wis., for the Federal Union.

Mr. William Sentner and Mr. James Payne, of St. Louis, Mo., for.

the United.

Mr. Theodore W. Kheel, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On January 10, 1941, Battery Workers' Federal Labor Union, No.

22516, A. F. of L., herein called the Federal Union, filed with the Regional Director for the Eighteenth Region (Minneapolis, Minneapolis, a petition alleging that a question affecting commerce had arisen concerning the representation of employees of General Dry Batteries, Inc., Dubuque, Iowa, 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 January 24, 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.

1017 On January 24, 1941, theRegional Director issued a notice of hearing, copies of which were duly served upon the Company, the Federal Union, and the United Electrical, Radio & Machine Workers of America, Local 812, herein called the United, a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice a hearing was held on January 31, 1941, at Dubuque, Iowa, before Lee Loevinger, the Trial Examiner duly designated by the Board. The Federal Union and the United were represented by counsel or official representatives and 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.

At the conclusion of the evidence introduced by the Federal Union, the United moved to dismiss the petition in view of a contract it had secured from the Company granting it exclusive recognition. The Trial Examiner reserved ruling on this motion. For reasons stated in Section III below, it is hereby denied. During the course of the hearing the Trial Examiner made several rulings on other 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.

At the request of the United, and pursuant to notice duly served upon the parties, a hearing for the purpose of oral argument was held before the Board on February 20, 1941, in Washington, D. C. Only the Federal Union, represented by counsel, participated in the argument. Both the Federal Union and the United filed briefs which the Board has considered.

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

FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Company is an Ohio corporation with principal offices in Cleveland, Ohio. It operates plants in Cleveland, Ohio, Toronto, Canada, and Dubuque, Iowa. We are here concerned only with its plant in Dubuque, Iowa. At this plant, the Company is engaged in the manufacture, sale, and distribution of dry batteries. Zinc, graphite, lamp black, manganese, muriatic acid, paper, and cardboard are the principal raw materials used at this plant. Each year the Company purchases over $1,000,000 worth of...