Nineteen Hundred Corporation And United Electrical, Radio & Machine Workers Of America, C. I. 0., 327 (1941)

In the Matter of NINETEEN HUNDRED CORPORATION and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. 0.

Case No. R-O537.-Decided June 6, 1941 Jurisdiction: household appliance manufacturing industry.

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

Unit Appropriate for Collective Bargaining: production and maintenance employees including inspectors, but excluding supervisory employees, foremen, assistant foremen, timekeepers, draftsmen, experimental employees, watchmen, clerical and office employees.

Mr. A. E. Brown, of St. Joseph, Mich., for the Company.

Mr. J. T. Gojack, of St. Joseph, Mich., for the Union.

Mr. Charles W. Schneider, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On March 4, 1941, United Electrical, Radio & Machine Workers of America, C. I. O., herein called the Union, filed a petition with the Regional Director for the Seventh Region (Detroit, Michigan) alleging that a question affecting commerce had arisen concerning the representation of employees of the Nineteen Hundred Corporation,

St. Joseph, Michigan, 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 April 21, 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 April 29, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union.

Pursuant to notice, a hearing was held on May 8, 1941, at St. Joseph,

Michigan, before Robert J. Wiener, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the Union were represented by counsel 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.

During the course of the hearing the Trial Examiner made several 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 Nineteen Hundred Corporation is a corporation organized under the laws of the State of New York on May 16, 1929. It operates a factory and office at St. Joseph, Michigan, which is the only plant involved in this case. The corporation is engaged in the manufacture and sale of washing machines, ironers, and other appliances for household use. The Company purchases raw materials monthly to the value of $422,000, approximately 75 per cent of which are received from sources outside the State of Michigan. The Company sells finished products to the value of approximately $652,000 monthly, about 95 per cent of which are shipped to points outside the State of Michigan.

2. THE ORGANIZATION INVOLVED United Electrical, Radio & Machine Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company.

3. THE QUESTION CONCERNING REPRESENTATION On or about March 1, 1941, the Union notified the Company of its claim to majority representation within the alleged appropriate unit and requested recognition and collective bargaining conferences. The...