Arvey Corp.

National Labor Relations Board - Board Decisions

Jun 30, 1943

50 N.L.R.B. 999 (N.L.R.B. 1943)

In the Matter of ARVEY CORPORATION and AMALGAMATED PLANT
PROTECTION LOCAL 114, UAW-CIO
Case ,No. R-,5473.-Decided June 30,1943
Beaumont, Smiith and Harris, by Mr. Albert Meder, of Detroit,
Mich., for the Company.
Messrs. Maurice Sugar and N. L. Smokier, of Detroit, Mich., for
the Union.
Miss Marcia Hertzmark, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Amalgamated Plant Protection Local
114, UAW-CIO, herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of. em-
ployees of• Arvey Corporation, Detroit, Michigan, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Max Rotenberg, Trial Ex-
aminer. Said hearing was held at Detroit, Michigan, on June 2, 1943.
The Company and the Union appeared, participated, and were af-
forded.full opportunity to be heard, to examine and cross-examine
witnesses, and'to introduce evidence bearing upon the issues.- The
Trial Examiner's rulings made at the hearing, are free from prejudi-
cial error and are hereby affirmed. All parties were afforded oppor-
tunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Arvey Corporation is an Illinois corporation , with its principal
office and place of business in Chicago, Illinois, and a plant in De-
troit, Michigan, with which the present proceeding is concerned.
The Company is engaged in 'the manufacture of aircraft parts and
50 N. L . R. B.. No. 144.
999
1000 •DEIGISION,S OF "NArI^ONAL LABOR RELATION'S BOARD
other, war materials., During 1942 ' the Company used more than
$130,000 worth of materials at, its Detroit plant, approximately 11.2
percent of which was shipped to that plant from sources outside the
State of Michigan. During the same period the sales of the Detroit
plant totalled in excess of $262,000. About 95 percent of such sales
represented shipments to points, outside the, State of Michigan. The
Company admits that it is engaged in commerce within the meaning
of the Act.
II. THE ORGANIZATION INVOLVED
Amalgamated Plant Protection Local 114, UAW-CIO, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership- employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated April 20, 1943, the Union advised the Company
that International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America, C..I. 0., herein called the Inter-
national, represented a majority of the Company's plant protection
employees and requested recognition of the International, through
the Union, as the exclusive bargaining agent of these employees.
On April 26, 1943, the Company replied, advising the Union to take
the matter up with the Board.
The Company contends that the Union should not be permitted to
act as the bargaining agency for the plant protection employees be-
cause of the terms of a contract between the Company and United
Automobile Workers of America, Local 205, in which UAW Local 205
"agrees not to solicit or accept for membership" employees in certain
excluded categories among which are plant protection employees.
We have recently considered this question in connection with similar
contractual provisions and have held that such contracts are -not a
bar to a determination of representatives.) ' For the reasons stated
in the cases cited below, we affirm our previous ruling in this respect.
A statement of the Regional Director, introduced in evidence'at the
hearing, indicates that the Union represents a substantial number of
employees 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.
'- Matter of Packard Motor Car Company, 47 N L. R B. 932; Matter of Brzpg's
Manufacturing Company, 49 N L. R B 57 ; Matter of The Alit) ray Corporation of America,
49 N L R B 925
2 The Regional Director's report states that the Union submitted 15 authorization cards
designatirg the Inteinational , and that 13 of these cards bore apparently genuine original
signatures of persons nhose names appear on the Company's pay roll which contains the
names of 17 persons in the unit alleged to be appropriate.
ARVEY CORPORATION
IV. THE APPROPRIATE UNIT
1001
The Union contends that all plant protection employees of the Com-
many at its Detroit plant, including plant protection matrons, but
excluding the chief, captains, and sergeants, constitute an appropriate'
unit. The Company agrees on the scope of the unit subject to its
objections that plant protection employees are supervisory; that they'
are not employees-within,the meaning of the Act and not entitled to
its protection; that certification of the Union for these employees
would not effectuate the policies of the Act and would be at variance
with the Act and with other enactments of Congress;-and that plant
protection, employees are shortly to become auxiliary military police.
We have recently\ considered similar contentions in other cases
and have found them to be without merit .3 Nothing which appears
in the present case persuades us to hold otherwise.
We find that all plant protection employees of the Company, in-
cluding plant protection matrons, but excluding the chief, captains,
and sergeants, constitute a unit appropriate for the purposes of col-
lective 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 date of our Direction of
Election, 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 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 -
DIREOTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Arvey Corpora-
tion, Detroit, 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 of Election, 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
33fatter of Jones d LaogThlsn Steel Company, Otis Works, 49 N L. R B 390;
Matter of Packard Motor Car Comp(rny, 47 N L R B. 932 , Matter of Curtiss -Wright Corp ,
45 N. L R B 1268 -
1002 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
Article III, Section 10, of said Rules and Regulations, among all em-
ployees of the Company 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 vaca-
tion 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
Amalgamated Plant Protection Local 114, UAW-CIO, for the pur-
poses of collective bargaining.
ME. Gra ARD D. REILLY took no part in the consideration of the above
Decision and Direction of ,Election.'
i