Goodrigh Electric Co., Ino. And United Electrical Radio & Machine Workers Of America, 979 (1941)

In the Matter of GOODRIGH ELECTRIC CO., INO. and UNITED ELECTRICAL RADIO & MACHINE WORKERS OF AMERICA Case No. R-2379.-Decided April 7, 1941 Jurisdiction: electrical appliance manufacturing industry.

Investigation and Certification of Representatives: existence of question: refusal to accord union recognition until it is certified by the Board; election necessary.

Unit Appropriate for Collective Bargaining: production employees and employees directly associated with production, including tool, die, and maintenance employees and watchmen, and excluding supervisory, clerical, salaried, and technical employees, officials, and employees having authority to hire and discharge.

Practice and Procedure:

Labor organization which made no claim to actual membership among the Company's employees held not to have a substantial interest in the proceedings as would entitle it to intervene or to be placed on ballot.

Jacobson, Merrick, Nierman & Silbert, by Mr. Lewis F. Jacobson, of Chicago, Ill., for the Company.

Mr. Ernest De Maio and Mr. Robert Kirkwood, of Chicago, Ill., for the United.

Mr. Emory J. Smith, of Chicago, Ill., for the I. B. E. W.

Mr. Raymond J. Compton, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On February 13, 1941, United Electrical Radio & Machine Workers of America, herein called the United, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Goodrich Electric Co., Inc., Chicago, Illinois, 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 February 26, 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 February 27, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, upon the United, and upon International Brotherhood of Electrical Workers, Local Union B-713, affiliated with the A. F. of L., herein called the I. B. E. W., a labor organization claiming to represent employees directly affected by the investigation.

Pursuant to notice, a hearing was held on March 7 and 8, 1941, at Chicago, Illinois, before Charles F. McErlean, the Trial Examiner duly designated by the Chief Trial Examiner. At the commencement of the hearing, the I. B. E. W. filed a written motion to intervene in the proceeding and requested that it be named on any ballot submitted to employees of the Company in connection with this investigation. The Trial Examiner denied the motion. For reasons indicated in Section III, infra, the ruling of the Trial Examiner is hereby affirmed.' The Company was represented by counsel and the United by its representatives and all 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 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.

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

FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Goodrich Electrical Co., Inc., an Illinois corporation, has its principal office and place of business in Chicago, Illinois, where it is engaged in the manufacture and sale of reflectors, electrical fixtures, and fluorescent lamps for industrial and commercial use. In 1940, the Company purchased raw materials valued at approximately $100,000, of which approximately 50 per cent were shipped from points outside the State of Illinois. During the same period, the Company sold finished products valued at more than $300,000, of which approx1 On March 13, 1941, the...