Brown-Hutchinson Iron Works

National Labor Relations Board - Board Decisions

Jun 11, 1943

50 N.L.R.B. 432 (N.L.R.B. 1943)

In the Matter of BROWN-HUTCHINSON IRON WORKS and LOCAL No.
6, MECHANICS EDUCATIONAL SOCIETY OF AMERICA, AFFILIATED WITH
THE CONFEDERATED UNIONS OF AMERICA
Case No. R-5451.-Decided June 11, 1943
Mr. Chester M. Culver, of Detroit, Mich., for the Company.
Mr. Louis F . Brady, of Detroit, Mich ., for the Union.
Mr. David V . Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local No. 6, Mechanics Educational
Society of America, affiliated with the Confederated Unions of Amer-
ica, herein called the Union, alleb ng that a ,question affecting com-
merce had arisen concerning the representation of employes of
Brown-Hutchinson Iron Works, Detroit, Michigan, herein called the
Company, the National Labor Relation Board provided for an
appropriate hearing upon due notice before Max Rotenberg, Trial
Examiner. Said hearing was held at Detroit, Michigan, on May 28,
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 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:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Brown-Hutchinson Iron Works, a Michigan corporation, with its
principal office and place of business in Detroit, Michigan, is engaged
in the manufacture of structural steel and miscellaneous iron works,
and for the past 17 months, has been engaged in the manufacture of
50 N. L. R. B., No. 67.
432
BROWN-HUTCHINSON IRON WORKS 433
war materiel for the United States Government. During the year
1942, the dollar value of the raw materials used in the manufacturing
operations of the Company was in excess of $131,000, of which ap-
proximately 65 percent was purchased from points outside the State
of'Michigan. During the same period the value of its sales of fin-
ished or partially finished products was in excess of $290,000, of
which approximately 25 percent represents shipments made 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.
H. THE ORGANIZATION INVOLVED
Local No. 6, Mechanics Educational Society of America, is a labor
organization affiliated with the Confederated Unions of America, ad-
mitting to `membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the Union as the exclusive
bargaining representative of its employees unless and until the Union
has been certified by the Board.
A statement of the Field' Examiner, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees 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•meani'ng
of Section 9 (c) and Section 2 (6) and (7) of the Act.
0
/
IV. THE APPROPRIATE UNIT
In accordance with a stipulation of the parties, we find that all pro-
duction and maintenance employees of the Company, excluding fore-
men, office, clerical, and supervisory employees, 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, ;in accordance with our usual procedure, direct that the
question concerning representation which has arisen be resolved by
an election by secret ballot among the employees in the appropriate
3 The Field Examiner reported that the Union submitted 37 designation cards, of which
35 contained the names of persons appearing upon a' pay roll submitted ' by the Company
All of the cards bore apparently genuine original signatures There were 44 names ap-
pearing upon . said pay roll., '
434' DEOILSIIONS OF NATIONAL, Ln ,;BO,R--RIE,I ATIIOLNS BOARD
unit. The Union contends that eligibility to vote in the election should
be determined as of May 28, 1943, inasmuch as the Company contergri-
plates'a' decrease in. personnel due to the cancelation of orders. We
are of the opinion that this contention is not sufficient reason for us to
deviate from our usual practice, and in accordance therewith, shall
direct that the election be held among the employees who were em-
ployed during the pay: roll period' immediately _preceding the date
of the Direction of Election, subject to the limitations and additions
set forth therein.
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 Rela-
tions 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 Brown-Hutchinson
Iron Works, 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, under the direction and supervision
of the Regional Director for the Sedenth,Region , acting in this matter
as agent for the National Labor Relations 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 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
determine whether or not they desire to be represented by Local No. 6,
Mechanics '-Educational Society of America, affiliated with the Con-
federated Unions of America, for the purposes of collective bargaining.