Michiana Products Corp.Download PDFNational Labor Relations Board - Board DecisionsFeb 14, 194454 N.L.R.B. 1332 (N.L.R.B. 1944) Copy Citation In the Matter Of MICHIANA PRODUCTS CORPORATION and UNITED AUTO- MOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, C. 1. 0. Case No. 13-R-2197.Decided February 14, 194H/ Fyffe do Clarke, by Mr. John Harrington , of Chicago , Ill., for the Company. Mr. Everett W. Bohannon , of Michigan City, Ind., and Mr . Mose Kneela, of Indianapolis , Ind., for the C. I. O. Mr. Mark Stroen , of Michigan City, Ind., and Mr. Stanton W. Sweeney, of South Bend , Ind., for the A. F. L. Mr. William Strong, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Automobile, Aircraft & Agricultural Implement Workers of America, C. I. 0., herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the representation of employees of Michiana Products Corporation, Michigan City, Indiana, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert N. Denham, Trial Examiner. Said hearing was held at Michigan City, Indiana, on January 15, 1944. The Company, the C. I. 0., and the Federal Labor Union 22165 of Michiana Products Corporation (A. F. L.), herein called the A. F. L., appeared and participated. All parties were afforded full oppor- tunity 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. All parties were afforded an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : 54 N. L. R. B., No. 201. 1332 MICHIANA PRODUCTS CORPORATION FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY 1333 Michiana Products Corporation, an Indiana corporation, is en- gaged in the manufacture of alloy castings and sheet metal parts at Michigan City, Indiana. During 1943 the Company used raw materials valued in excess of $100,000, all of which were shipped to it from points outside the State of Indiana, and manufactured finished products valued in excess of $200,000, at least 95 percent of which was sent to points outside that State. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Board. II. THE ORGANIZATIONS INVOLVED United Automobile,- Aircraft & Agricultural Implement Workers of America, affiliated with the Congress of Industrial Organizations and Federal Labor Uliion 22165 of Michiana Product Corporation, affiliated with the American Federation of Labor, are labor organiza- tions admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On November 16, 1943, the C. I. O. asked the Company to recognize it as the exclusive bargaining agent of the Company's employees. The Company declined on the ground that there existed a contract between it and the A. F. L. under which the A. F. L. was recognized as the exclusive bargaining representative. The contract, in evidence, expired on January 15, 1944. Negotiations for a new contract have been had since November 7, 1943, but no further contract had been consummated. The A. F. L. asserts that the contract and the nego- tiations bar the present investigation. We find that neither the negotiations. for a new contract, nor the contract which expired on January 15, 1944, constitute a bar to this proceeding. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the C. I. O. represents a substantial number of em- ployees in the unit hereinafter found 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. I The Field Examiner reported that the C . I. O. submitted 224 authorization cards ; that the names of 197 persons appearing on the cards were listed on the Company 's pay roll of December 26, 1943, which contained the names of 513 employees in the appropriate unit The A. F. L. submitted no evidence of its representation except the contract between it and the Company and the testimony of the president that it has about 350 members 1334 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE APPROPRIATE UNIT We find, in substantial agreement with the stipulation of the parties, that all production and maintenance employees, including operator instructors, truck drivers and inspectors, but excluding office, clerical and confidential employees, guards, and all supervisory employees who have authority to hire, promote, discharge, discipline, or other- wise effect changes in the status of employees or effectively recommend such action, constitute a unit appropriate for the purposes of- collec- tive bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the (late of the Direction of Elec- tion 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 La- bor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 3, it is hereby DDIECTED that, as part of the investigation to ascertain representa- tives for the puiposes of collective bargaining with Michiaaa Prod- ucts Corporation, Michigan 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 super- vision of the Regional Director for the Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, andsub- ject 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 va- cation 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 those employees who have since quit or been dis- charged for cause and have not been rehired or reinstated prior to the date of the election. to determine whether they desire to be represented by United Automobile, Aircraft & Agricultural Implement Workers of America, C. I. O., or by Federal Labor Union 22165 of Michigaa Products Corporation, (A. F. L.), for the purposes of collective bar- gaining, or by neither. Copy with citationCopy as parenthetical citation