Extruded Metals Defense Corp.

National Labor Relations Board - Board Decisions

Apr 10, 1943

48 N.L.R.B. 1141 (N.L.R.B. 1943)

4
In the Matter Of EXTRUDED METALS DEI'ENSE CORPORATION and LOCAL
277, INTERNATIONAL UNION, UNITED' AUTOMOBILE , AIRCRAFT AND
AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, CIO .
Case No. R-5092.-Decided April 10, 19413
Jurisdiction : aluminum extrudings manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-'
fusal to accord petitioner recognition until certified by the Board ; election
necessary. '
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding supervisory and' office and shop clerical employees, time-
keepers, executives, laboratory employees, and plant protection employees ;
agreement as to.
Cook, Smith, Jacobs & Beake, by Mr. Glen R. Miller, of Detroit,
Mich., for the Company.
Mr. Leonard Woodcock, of Muskegon, Mich., for the Union..
Mr. Louis Cokin, of counsel to the Board.
DECISION ,
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 277, International Union, United.
Automobile, Aircraft and Agricultural Implement Workers of Amer-
ica, C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Extruded Metals Defense Corporation, Grand Rapids,, Michigan,
herein called the Company, the, National Labor Relations Board pro-
vided for an'appropriate hearing upon due notice before Charles E.
Persons, Trial Eaminer. Said hearing' was held at, Grand.Rapids,
Michigan, on March 30, 1943. The Company'and the Union appeared:
participated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on the
issues. The Trial Examiner's rulings made at the hearing, are free
from prejudicial, error and are hereby affirmed.
48 N. L. R. B, No 133
1141
1142 ' DECISIONS OF 'NATIONAL LABOiR RELATIONS BOARD
Upon the entire record in the case, the Board, makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Extruded Metals Defense Corporation is engaged in the manufac-
ture of aluminum extrudings at Grand Rapids, Michigan. The Com-
pany purchases raw materials valued at about $500,000 annually, ap-
proximately 80 percent of which is shipped to it from points outside
the State of Michigan, and sells finished products valued at about
$500,000 annually, approximately 75 percent of which is shipped to
points outside the State of Michigan. The Company admits that it
is engaged in commerce within the meaning of the National Labor
Relations Act.
H. THE ORGANIZATION INVOLVED
Local 277, International Union, United Automobile, Aircraft &
Agricultilral Inlpleuient Workers of America, is a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 6, 1943, the Union requested the Company to recog-
nize it as the exclusive representative of its employees. The Company
refused this request until such time as the Union is certified by the
Board.
A*statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found to be appropriate.!
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 Company and the Union agree, and we find, that all production
and maintenance employees of the Company, excluding supervisory
and office and shop clerical employees, timekeepers, executives, labora-
tory employees, and plant protection employees,* constitute a unit ap-
propriate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the Act.
1 The Regional Director repotted that the Union presented 198 authorization cards hear
ing apparently genuine signatures of poisons nhose names appeal on the March 20, 1913.
pay roll of the company . There are approximately 433 persons in the appropriate unit
EXTRUDED METALS DEFENSE CORPORATION 1143
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of 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 the Direction of
Election herein, subject to the limitations and additions set forth in
the 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 Relations Act
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Extruded Metals
Defense Corporation, Grand Rapids, Michigan, 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 o, f the Regional Director for the Seventh Region, acting
in this matter as agent for the National Labor Relations Board and
subject to Article III, Section 10, 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 any such 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 person at the polls.
but excluding any who have since quit or been discharged for cause,
to determine whether or not they desire to be' represented by Local
277, International Union, United Automobile, Aircraft and Agri-
cultural Implement Workers of America, affiliated with the Congress
of Industrial Organizations, for the purposes of collective bargaining.