R. C. Mahon Co.

National Labor Relations Board - Board Decisions

Apr 26, 1943

49 N.L.R.B. 142 (N.L.R.B. 1943)

In the Matter of R. C . MAHON COMPANY and UNITED STEELWORKERS
. OF AMERICA, AFFILIATED WITH THE-C. I. O.
Case No. R-5164 .-Decided April 26, 1943
Beaumont, Smith and Harris , by Mr. Albert E. Meder , of Detroit,
Mich., for the Company.
Messrs. Thomas Shane and William J. Fagan, of Detroit, Mich., for
the Union.
Miss Viola James, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed' by United Steelworkers of America, affili-
ated with the Congress of Industrial Organizations, herein called the
Union,, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of R. C. Mahon Company,
Detroit, Michigan, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Charles E. Persons, Trial Examiner. Said hearing was held at
Detroit, Michigan, on April 12, 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, are free from
prejudicial error and are hereby affirmed.
The Company filed a brief on April 17, 1943, which the Board has
considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
R. C. Mahon Company is a Michigan corporation with its plant and
offices located at 8650 Mt. Elliott, Detroit, Michigan. The Company
is engaged in the fabrication and manufacture of structural steel and
49 N. L. R. B., No. 19.
142
R. C. MAHON COMPAXY1 143
` sheet metal equipment. The products manufactured at the present time
consist of the,building of sheet metal turrets for the•Navy, and the fab-
ricating of core baking ovens and finishing systems used by the aircraft
industry for baking, spraying, and drying of core molds for magnesium
and aluminum castings. During 1942 the Company used raw materials
consisting principally of steel and lumber valued at between $3,000,000
and $4,000,000, over 50 percent of which represented shipments from
points outside the State of Michigan. During the same period more
than 50 percent of the finished products was shipped 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 ORGANIZATION INVOLVED
United Steelworkers of America, affiliated with the Congress of In-
dustrial Organizations, is a labor organization admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about March 1, 1943, the Union by letter requested recognition
as the exclusive `representative of the Company's employees. The
Company did not reply. The Union subsequently made several un-,
successful attempts to contact the president of the Company for bar-
gaining conferences. -
The Company takes the position that no election should be directed
until at least 1 year has elapsed from the date of a consent election
conducted by the Regional Director among the Company's employees
on September 18, 1942.1 The record discloses that the Union has
secured authorization cards from\a majority of the Company's em-
ployees in the unit which the parties agree is appropriate, a substantial'
number of which cards bear dates subsequent to the September elec-
tion.2' In view of this fact, and as there is no presently certified bar-
i Of 505 votes cast, 224 were for the Union and 268 against the Union . Upon these
results , the petition was dismissed . The, unit was substantially the some as the unit
agreed upon by the parties herein
2 The Regional Director reported that the Union submitted 378 authorization cards, all
bearing apparently genuine original signatures ; 354 cards bore the names of persons on
the Company 's pay roll of March 15, 1943, which listed 569 persons in the agreed unit;
121 cards bore no date ; the remainder, except 2, bore dates subsequent to September 1942.
The Company objected to the admission into evidence of the Regional Diiector 's state-
ment concerning claims of authorization , contending that the statements therein are
hearsay and that the signatures on the cards were not compared with the actual signatures
of the employees . The Regional Director 's statement is an administrative requirement to
aid the Board in determining whether or not the petitioner has made a prima facie
showing sufficient to warrant an election As the present proceeding is not a certification
upon the record , we find no merit in the Company 's objection . We have heretofore found
no merit in similar objections . See Matter of Atlas Powder Company, Zapon Division and
Local 12083, National Council of Gas, Coke R Chemscal Workers , 43 N. L. R. B. 757.
144 D'EICISIONS OF NATTONAL LABOR RE'L'ATIONS BOARD
gaining agent for the Company's employees, we find that the purposes
of the Act can best be effectuated by the direction of an election herein.3
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
In accordance with the stipulation of the parties , we find that all-
hourly rated employees of the Company at its plant at 8650 Mt. Elliott,
Detroit, Michigan, excluding truck driversi field employees , super'
intendents , foremen , watchmen , draftsmen and all office and salaried
employees and clerks , constitute a unit appropriate for the purposes of
collective bargaining within -the meaning of Section 9 (b) of the
Act.
V. THE DETERMINATION OF REPRESENTATIVES
The Company urges that employees in the armed forces, number-
ing about 103, be afforded an opportunity to vote, presumably by mail
if not available to cast a ballot in person. The Unioi, has no objection
to such employees voting. Since December 1941, we have discon-
tinued mail balloting for employees in the armed forces because our
,experience had shown not only that the completion of elections was
delayed by difficulties in locating men in military service, but that
returns were relatively small4 The Company argues no difficulties
would be experienced in this case in determining the location of the
men because it maintains up-to-date addresses of employees in the
services. While we recognize that such employees have an interest
in the selection of a bargaining representative, we are not persuaded
that we should in this case depart from our policy with respect to
mail balloting. Accordingly, we shall not provide for mail balloting
for employees in the armed forces, but such of them as appear in
person at the polls will be eligible to vote, in accordance with our
usual practice. -
We shall direct that the question concerning representation which
has arisen be resolved by ar, 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 Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
See Matter of Ford A. Smith, Blanche F . Smith ,and Williatn , C. Shanks, Partners Doing
Business as Smith Cabinet Manufacturing , Company and United Brotherhood of Carpenters
& Joiners, Local No. 1699 (AFL), 38 N. L. R B. 957; and Matter of Chrysler Corporation
and International Union, United Automobile , Aircraft & Agricultural Implement Workers of
America, - affiliated with the C . I. 0 , 37 N. L. R. B. 877.
4 See Matter of Wilson & Go, Inc. and Packinghouse Workers Organizing Committee,
Local No.,20, affiliated with the 0.7. 0., 37 N . L. R. B 944
R. C. MAHON COMPANY
DIRECTION OF ELECTION
145
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National. Labor Rela-
tions 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 representa-
tives for the.purposes of collective bargaining with R. C. Mahon Com-
pany, Detroit, Michigan, an election by secret ballot shall be conducted
as early as possible, but not dater 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 suj ject to Article III, Sec-
tion 10, of said Rules and Regulations, among the employees in the
unit found appropriate in Section IV, above, who were employed dur-
ing the pay-roll period immediately preceding the date of this Direc-
tion, 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 person at the polls, but excluding those
employees who have since quit or been discharged for cause, to deter'
mine whether or not they desire to be represented by United Steel-
workers of America, affiliated with the Congress of Industrial Organ-
izations, for the purposes of collective bargaining.