Commerce Pattern Foundry and Machine Co.

National Labor Relations Board - Board Decisions

Jan 4, 1945

59 N.L.R.B. 1466 (N.L.R.B. 1945)

In the Matter of COMMERCE PATTERN FOUNDRY AND MACHINE
COMPANY anad INTERNATIONAL UNION, UNITED AUTOMOBILE, AIR-
CRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, C. I. O.
Case No. 7-R-1901.Decided January 4, 1945
Mr. Jack 'D. Colyer, of Detroit, Mich., for the Company.
Messrs. Nicholas J. Rothe and Barden Young, of Detroit, Mich.,
for the U. A. W.-C. I. O.
Messrs. Robert O. Brown and James, G. Beck, of Detroit, Mich.,
for the Society.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Automo-
bile, Aircraft and Agricultural Implement Workers of America,
C. I. 0., herein called the U. A. W.-C. I. 0., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Commerce Pattern Foundry *and Machine Company, De-
troit, Michigan, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Max Rotenberg, Trial Examiner. Said hearing was held at
Detroit, Michigan, on December 13, 1944. At the commencement of
the hearing, the Trial Examiner granted a motion of Society of Toot
and Die Craftsmen of America, herein called the Society, to inter-
vene. The Company, the U. A. W.-C. I. 0., and the Society ap-
peared, 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. All
parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:_
59 N. L. R. B., No. 267.
1466
COMMERCE PATTERN FOUNDRY AND MACHINE COMPANY 1467
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Commerce Pattern Foundry and Machine Company is a Michigan
corporation operating a plant at Detroit, Michigan, where it is en-
gaged in the manufacture of tools, dies, metal castings, and patterns.
During the first 6 months of 1944 the Company purchased raw mate-
rials valued in excess of $5,000,, about 40 percent of which was shipped
to it from points outside the State of Michigan. During the same
period the Company sold products valued in excess of $100,000, about
20 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
International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America, is a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
Society of Tool and Die Craftsmen of America is a labor organi-
zation, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 28, 1944, the Society and the Company entered into
a written exclusive collective bargaining contract, effective until Jan-
uary 15, 1945, with provision for automatic renewal from year to year
thereafter, in the absence of written notice to terminate given by
either party during the 30-day period preceding January 15 of every
year. Prior to November 13, 1944, the U. A. W.-C. I. O. notified
the Company that it claimed to represent a majority of the em-
ployees involved herein and requested a collective bargaining confer-
ence. The Company refused to grant such recognition, stating that it
was precluded from doing so by its existing contract with the
Society. The Society contends that its contract is a bar to a de-
termination of representatives in this proceeding. Inasmuch as the
U. A. W.-C. I. O. made its claim upon the Company prior to
January 15, 1945, the date upon which the contract might renew
itself, we find that the contract does not constitute a bar to a de-
termination of representatives at this time.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the U. A. W.-C. I. O. repre-
tue representation at employeeso tn- mpa, within tI meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with the parties that all pro-
duction and maintenance employees in the tool room of the Com-
pany, including tool and die makers, apprentices and up-graders,
sweepers, shipping and receiving employees, Upton salt bath fur-
nace workers, and truck drivers, but excluding pattern makers,
clerical employees, plant-protection employees, laboratory workers,
and all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit ap-
propriate 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' means of an election by secret ballot among
the 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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Commerce Pat-
tern Foundry and Machine Company, 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 direc-
' The Field Examiner reported that the U. A. w: C. I. O. presented 62 authorization
cards bearing the names of persons who appear on the Company ' s pay roll for the period
ending November 17, 1944. There are approximately 174 employees in the appropriate
unit. The Society did not present any evidence of representation , but relies upon its
contract as evidence of its interest in the instant proceeding.
2 This is the same unit as provided for in the contract between the Company and the
Society.
aa,Uiutia, ainuii unt enilJatJJ^'t} 'au ^a^G 4talau Lutii t C4^/j.iupilZ4id aal r^GU^avaa
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 any who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the election, to
determine whether they desire to be represented by International
Union, United Automobile, Aircraft and Agricultural Implement
Workers of America, C. I. 0., or by Society of Tool and Die Crafts-
men of America, for the purposes of collective bargaining, or by
neither.