Active Tool and Manufacturing Co.

National Labor Relations Board - Board Decisions

May 7, 1943

49 N.L.R.B. 578 (N.L.R.B. 1943)

In the Matter of HENRY , MARGARET, MARILYN, AND HENRY ALBERT
DRETTMAN, CO-PARTNERS, D/B/A ACTIvi TOOL AND MANUFACTURING
COMPANY 'and LOCAL 155, INTERNATIONAL UNION, UNITED AUTOMO-
BILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS 'OF AMERICA
(UAW-CIO)
Case' No. R-5205.-Decided May 7, 1943
Mr. L. A. Van Tassell, of Detroit, Mich., for the Company.
Messrs. George, Stafford and John Anderson, of Detroit, Mich., for
the C. I.O.,0.-
Mr. Robert O. Brown, of Detroit, Mich.; for the Society.
Mr. Joseph'E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION'
STATEMENT OF THE CASE
Upon petition duly filed by Local 155, International Union, United
Automobile, Aircraft & Agricultural Implement Workers of America,
(UAW-CIO), herein called the C. I. 0., alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Henry, Margaret, Marilyn, and Henry Albert Drettman, co-part-
ners, doing business as Active Tool and Manufacturing Company,
Detroit, Michigan, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Peter F. Ward, Trial Examiner. Said hearing was held at
Detroit, Michigan, on April 20, 1943. The Company, the C. I. 0.,
and Local No. 1, an affiliate of the Society of Tool and Die Craftsmen,
herein called the Society, appeared, participated, and were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing upon the issues. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error and
are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
49 N L. R -B, No. 82.
578
ACTIVE TOOL AND MANUFACTURING COMPANY 579
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Active Tool and Manufacturing Company is a partnership consist-
ing of Henry, Margaret, Marilyn, and Henry Albert Drettman, and is
engaged in the manufacture, sale, and distribution of tools, dies, and"
fixtures, at Detroit, Michigan. During the year 1942 the Company
purchased raw materials, consisting principally of tool and cold rolled
steel, amounting to the approximate value of $400,000, 80 percent of
which was shipped from points outside the State of Michigan. Dur-
ing the same period the Company's sales amounted to approximately
$1,900,000, 50 percent of which was 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.
II. THE ORGANIZATIONS INVOLVED
Local 155, International Union, United Automobile, Aircraft &
Agricultural Implement Workers of America, affiliated with the Con-
gress of'Industrial Organizations, and Local No. 1, an affiliate of the
Society of Tool and Die Craftsmen, are labor organizations admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about March 25, 1943, the C. I. O. informed the Company that
it represented a substantial number of the Company's employees and
requested recognition for purposes of collective bargaining. The
Company stated that it had a bargaining agreement with the Society
and it was about to enter into negotiations with the Society for the
purpose of renewing the existing agreement, but, since the C. I. O. had
made a request for recognition, the Company would remain neutral
until the matter was decided by the Board.
The Society contends that there is an existing closed-shop contract
between the Company and the Society, entered into on April 3, 1942,
and expiring on April 3, 1943, which constitutes a bar to a question
of representation at this time. At the hearing the vice president of
the Society testified that the Company was verbally notified on March
15 and March 22, 1943, of the Society's desire to negotiate a neW coil-
tract. He further testified that, the Company refused to enter into
negotiations for such purpose because of the C. I.O.'s request for recog-
nition from the Company. The Society further contends that these
attempts to negotiate a new agreement prior to the expiration date
of the existing contract kept it in effect for 90 days after its expiration
531647-43-vol. 49-38
580 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
date, relying on the following clauses found in the contract to support
its contentions :
Upon serving of notice in writing by either party, the employer
or employees, may re-open negotiations regarding disputes as to
hours and wages, within ninety (90) days, before the date set for
said negotiations. '
This agreement shall remain in full force and effect`to and
including April 3,1942, and until April 3, 1943.
This agreement may be amended or terminated at any time
during its term, provided however, the party desiring to amend
or terminate must notify the other of the desire at least ninety
(90) days before the date set for such amendment or termination.
After such notice of amendment, is given, negotiations shall
start ninety (90) days after such notice is received. '
We find no merit in the Society's contentions that the contract is a
bar. By its terms, the contract has expired. Even assuming that it
was extended for 90 days beyond April 3, 1943, it has less than 60 days
to run and obviously is no bar in accordance with our well-settled rule.
A statement prepared by the Regional Director, and introduced
in evidence at the hearing, indicates that the C. I. 0. 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
We find, pursuant to the unions' agreement, to which the Com-
pany offered no objection, that all hourly rated employees of the
Company at its Detroit, Michigan, plant, excluding supervisory,
clerical and plant protection employees, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.2
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
'The Regional Director 's statement shows that the C. I. O. submitted 79 authorization
cards, 78 of which bear apparently genuine signatures , and 73 of which bear names of
persons whose names are listed on the Company 's pay roll of March 30 , 1943; this pay
roll lists 152 employees in the appropriate unit . Seventy-six of the cards are dated in
March 1943 and 3 cards are undated.
The Society submitted no evidence of representation , apparently relying on its contract
to show interest.
The unit is substantially the same as the one found in the contract
ACTIVE TOOL AND MAINUFACT'URING COMPANY 581
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 repre-
sentatives for the purposes of collective bargaining -with Henry,
Margaret, Marilyn, Henry Albert Drettman, co-partners, doing busi-
ness as Active Tool and Manufacturing Company, Detroit, Michigan,
an election by secret ballots 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 Rela-
ions 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 employ-
ees' 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 aiay ' who have since quit or been
discharged for cause, to determine whether they desire to-be repre-
sented by Local 155, International Union, United Automobile, Air-
craft & Agricultural Implement Workers of America, affiliated with
the C. I. 0., or by Local No. 1, an affiliate of the Society of Tool
Die Craftsmen, for the purposes of collective 'bargaining, or by
neither.