Pressed Metals of America, Inc.

National Labor Relations Board - Board Decisions

Nov 18, 1944

59 N.L.R.B. 360 (N.L.R.B. 1944)

In the Matter of PRESSED METALS OF AMERICA, INC . and INTERNA-
TIONAL UNION , UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA , UAW-CIO
Case No. 7-R-1819.-Decided November 18, 1944
Mr. John D. Leighton, of Port Huron, Mich., for the Company.
Maurice Sugar and Jack N. Tucker, by Mr. Jack N. Tucker, of De-
troit, Mich., for the CIO.
Mr. Jerry Aldred, of Highland Park, Mich., for the AFL.
Mr. Harry Nathanson, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union, United Auto-
mobile, Aircraft and Agricultural Implement Workers of America,
UAW-CIO, herein called the CIO, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Pressed Metals of America, Inc., Port Huron, Michigan, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Cecil Pearl, Trial Ex-
aminer. Said hearing was held at Port Huron, Michigan, on October
17, 1944. At the commencement of the hearing, the Trial Examiner
granted a motion to intervene made by United Automobile Workers
of America, Local 127, AFL, herein called the AFL. The Company,
the CIO and the AFL 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 Trial
Examiner 's rulings made at the hearing are free from prejudicial
error and are hereby affirmed. All parties were afforded an oppor-
tunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDING OF FACT
I. THE BUSINESS OF THE COMPANY
Pressed Metals of America, Inc., is a Delaware corporation. At its
plant in Marysville, Michigan, it is engaged in the manufacture of
59 N. L . R. B., No. 78.
360
PRESSED METALS OF AMERICA, INC. 361
-war materials . In its operations the Company uses steel bars and coils
as its principal raw material. During the past year the Company
purchased raw materials in the approximate amount of $1,000,000, of _
which approximately 60 percent was shipped to it from points outside
the State of Michigan. For the same period the total value of its
finished products was in the approximate amount of $2,000,000, of
-which approximately 50 percent was shipped by it 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.
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America, affiliated with the Congress of In-
dustrial Organizations, is a labor organization admitting to member-
ship employees of the Company. _
United Automobile Workers, Local 127, affiliated with the Ameri-
can Federation of Labor, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The AFL entered into a collective bargaining agreement with the
Company effective as of August 3, 1943, the date of its certification
by the Board, which provided, inter alia, that in the event neither,
party gave notice to the other in writing 30 days "before August 3,
1944" of a desire to terminate or amend, the contract would, be auto-
matically renewed from year to year.
On July •10, 1944, the AFL, by its president, addressed a letter to
the Company stating, "This is to inform you that it is the desire of
the Union-to amend and modify our present Contract." By letter
dated July 11, 1944, the Company replied, "In answer to your letter
of July 10, the Company would like you to present the unions desired
contract changes in letter form at your earliest convenience." The
record discloses that there were discussions between AFL representa-
tives and the Company concerning the dissatisfaction of employees
with the methods fixed by the contract for computing vacation pay.
These discussions commenced about 2 weeks to 30 days before the July
10 letter and, prior to July 20, resulted in the Company's submission
to the AFL of its proposed new vacation plan. The AFL by letter
dated July 17, 1944, called a membership meeting for July 20 to discuss,
among other things, "the Company's interpretation of `Vacation Pay'."
On July 20 a meeting was held and the plan.submitted by the Company
was rejected. Also on July 20, 1944, the CIO requested recognition
362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
as the exclusive bargaining representative of the Company's em '
ployees. The Company admitted at the hearing that there was an
intention on its part to amend the contract in regard to vacations with
pay and that it would have amended the contract in this respect but
for the request for recognition which it received from the CIO.
Both the Company and the AFL contend, that their contract was
renewed on July 3, 1944, and constitutes a bar to a present determina-
tion of representatives. However, we are of the opinion that, by their
actions, the AFL and the Company mutually waived the provision of
the contract requiring that written notice be given 30 days before
August 3, 1944, in order to prevent the contract from continuing in
operation for another year, and, in effect, treated as timely the July
,10 letter which was sent to the Company by the AFL. Consequently,
we find that no bar exists to an immediate determination of represen-
tatives.'
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the CIO represents a substantial number of em-
ployees in the unit hereinafter found appropriate.2
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.
1V. THE APPROPRIATE UNIT
We find, in accordance with the stipulation of the parties, that all
hourly rated non-supervisory employees of the Company, including
guards,3 but excluding 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
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 date of the Direction of Election
' Cf Matter of C. H. Dutton Company, 48 N. L. R. B. 27. -
2 The Field Examiner reported that the CIO submitted 152 application-for-membership
cards , of which 148 bore apparently genuine original signatures of persons appearing on
the Company' s pay roll for the period ending August 20, 1944 ; that 147 cards were dated
July 1944 and 1 was undated ; and that said pay roll contained the names of 434 persons
within the alleged appropriate unit.
The AFL relies on the 1943 contract to establish its interest in this proceeding.
2 The Company 's guards are not militarized and were bargained for by the AFL under
the terms of the 1943 contract
PRESSED METALS OF AMERICA, INC. 363
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 -
Refations 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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Pressed Metals of
America, Inc., Port Huron, 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
of the Regional Director for the Seventh 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
the said pay -roll period because they were ill or on vacation or tempo-
rarily 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 discharged for
cause and have not been rehired or reinstated prior to the date of the
electioh , to determine whether they desire to be represented by Interna-
tional Union, United Automobile , Aircraft and Agricultural Imple-
ment Workers of America , affiliated with the Congress of Industrial
Organizations , or by United Automobile Workers, Local 127 , affiliated
with the American Federation of Labor , for the purposes of collective
bargaining , or by neither.