Bailey Products Corp.

National Labor Relations Board - Board Decisions

Sep 4, 1943

52 N.L.R.B. 420 (N.L.R.B. 1943)

In the Matter of BAILEY PRODUCTS CORPORATION and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA (CIO)
Case No. R-5826.-Decided September 4, 1943
Mr. John A. Hull, Jr., for the Board.
Mr. Kurt F. Pantzer, of Indianapolis, Ind., and Messrs. Thomas
Bradley and-J. C. Ashcraft, of Union City, Ind., for the Company.
Messrs. Hose Kueela, Larue Leonard, and Jerry Hobbs, of Indian-
apolis, Ind., and Mr. Paul Spencer, of Union City, Ind., for the
UAW-CIO.
Mr. John G. Witte, of Columbus, Ohio, for the IAM.
Miss Viola James, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
0
Upon an amended petition filed by International Union, United
Automobile, Aircraft & Agricultural Implement Workers of America,
affiliated with the Congress of Industrial Organizations, herein called
the UAW-CIO, alleging that a question affecting commerce had
arisen concerning the representation of employees of Bailey Products
Corporation, Union City, Indiana, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
before William P. Webb, Trial Examiner. Said hearing was held at
Union City, Ohio, on August 9, 1943. ' The Board, the Company,
the UAW-CIO, and the International Association of Machinists,
herein called the IAM, appeared and participated. All parties were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. The Com-
pany filed applications for subpoenas daces tecum in which it re-
quested that certain representatives of the UAW-CIO and the TAM
be required to produce union membership cards, minutes of the mem-
bership rolls, and financial records, and that certain representatives of
52 N. L. R. B., No. 63.
420
BAILEY PRODUCTS CORPORATION 421
the IAM be required to produce the local charter, dues records, dues
receipts, and all other union records. The Trial Examiner denied the
applications. For the reasons herein stated, we affirm his ruling.'
The Trial Examiner's other rulings are free from prejudicial error
and are hereby affirmed.
All'parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Bailey Products Corporation owns and operates a plant at Union
City, Indiana. Although the plant consists of buildings in both
Indiana and Ohio, it is operated as one plant. At this plant the
Company is engaged in the manufacture and sale of screw machine
parts, fuses, magneto couplings, and miscellaneous screw parts. Steel
is the principal raw material used. In 1942, the Company purchased
steel, valued at approximately $135,000, all of which was obtained
from outside•the States of Indiana and Ohio. During the same period
the value of the Company's finished products exceeded $750,000,
approximately 90 percent of which was sold and distributed to points
outside the States 'of Indiana and Ohio. The Company admits that
it is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, affiliated with the Congress of In-
dustrial Organizations, and International Association of Machinists
are labor organizations, each admitting to membership employees of
the Company. '
III. THE QUESTION CONCERNING REPRESENTATION
On May 14, 1943, the UAW-CIO notified the Company that it
represented a majority of the Company's employees and requested a
bargaining conference . The Company did not reply. The' position
taken by the Company at the hearing is that it refuses to recognize
the UAW-CIO.
i In view of the Trial Examiner's denial of the applications for subpoenas duces tecum,
the Company has filed a petition and brief for leave to adduce additional evidence, and
has requested permission for oral argument . The-petition and request for oral argument
are hereby denied.
4
422 DECISQONS OF NATIONAL LABOR RELATIONS BOARD
Evidence submitted to the Trial Examiner at the hearing indicates
that the UAW-CIO represents a substantial number of employees in
the unit hereinafter found to be appropriate.,'
The Company and Local 1208 of the IAM entered into a closed-
shop contract on June 15, 1942, which "shall be and remain in full
force and effect until July 1, 1943, and shall continue in effect annually
thereafter, unless thirty (30) days' notice in writing is submitted prior
to the expiration of this agreement of any desire to change or amend
same." The Company and the IAM contend that the contract has
renewed and is a bar to the proceedings herein. Since the UAW-CIO
notified the Company on May 14, 1943, that it represented a majority,
we find that the contract is not a bar.
The:Company applied for the subpoenas duces tecuma for the purpose
of showing by the information contained in the records of the unions
that the IAM is still active and still has a majority of the employees in
its membership, and that a notice of cancellation of the contract, given
to the Company by an officer of the IAM local, was an unofficial act of
said officer. In view of the UAW-CIO's timely request for recogni-
tion, its membership showing, and the admission of the IAM counsel
that the IAM local has become inactive, we find that the information
sought by means of the subpoenas, if obtained, would not prevent the
existence of a representation dispute. The applications were correctly
denied.
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.
IV. THE APPROPRIATE UNIT
The UAW-CIO and the IAM agree that the appropriate unit
consists of all maintenance and production employees, excluding super-
visory, clerical, and plant-protection employees. The Company agrees
to the exclusion of the plant-protection employees but otherwise takes
no position with respect to the unit. The IAM contract covers a unit
similar to that agreed to by the unions but also specifically excludes
office workers and confidential workers, such as time-study men and
salesmen , who we find should be excluded.
We find that all maintenance and production employees of the
Company, excluding office and clerical employees, confidential em-
ployees such as time-study men and salesmen , plant-protection
2 The Trial Examiner reported that the UAW-CIO submitted 159 application -for-member-
ship - and authorization cards, all but 1 bearing apparently genuine original signatures ; no
check was made against a pay roll of the Company because the Company refused to furnish
one. Testimony at the hearing revealed that there are approximately 190 employees in
the appropriate unit, and that , at the time the cards were signed, the persons whose
names appear thereon were employees of the Company . The IAM relies upon its con-
tract as proof of its interest in the proceeding.
6
BAILEY PRODUCTS CORPORATION 423
employees, and all supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, 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
The UAW- CIO desires that employees in the appropriate unit who
were employed at the date of the hearing shall be eligible to vote in
the election herein directed . We see no reason for departing from our
customary practice and shall accordingly direct that the question con-
cerning representation which has arisen be resolved by an election by
secret ballot among the employees in the appropriate unit - who were
employed during the pay-roll period immediately preceding the date
of our Direction of Election herein , subject to the limitations and
additions set forth in said Direction.
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 Relation Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DmEorED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Bailey Products
Corporation, Union City, Indiana, 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 supervision of the
Regional Director for the Eighth Region, acting in this matter as agent
for the National Labor Relations Board, and subject to Article III,
Sections 10 and 11, 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 forces of the United States who
present themselves in persons at the polls, but excluding any who have
since quit or been discharged for cause, to determine whether they
desire to•be,represented by International Union, United Automobile,
Aircraft & Agricultural Implement Workers of America, affiliated
with the Congress of Industrial Organizations, or by International
Association of Machinists, for the purposes of collective bargaining,
or by neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.