Commonwealth Industries, Inc.

National Labor Relations Board - Board Decisions

Mar 16, 1945

60 N.L.R.B. 1227 (N.L.R.B. 1945)

In the Matter Of COMMONWEALTH INDUSTRIES, INC. and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, C. I. O.
Case No. 7-R-1913.-Decided March 16,1945
Mr. Alfred Studer, of Detroit, Mich., for the U. A. W.-C. I. O.
Messrs. James G. Beck and Andrew Skomski, 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 & 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 employees of
Commonwealth Industries , Inc., Detroit , Michigan , herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Cecil Pearl , Trial Examiner.
Said hearing was held at Detroit, Michigan , on February 19, 1945.
At the commencement of the hearing, the Trial Examiner granted a
motion of Local No. 8, Society of Tool and Die Craftsmen , herein
called the Society, to intervene . The U. A. W.-C. I . O. and the Society
appeared at and participated in the hearing .' All parties were af-
forded 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.
'Although the Company was served with Notice of Hearing, it did not appear.
60 N. L. R. B., No. 210.
1227
1228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Commonwealth Industries, Inc., is a Delaware corporation operating
a plant at Detroit, Michigan, where it is engaged in heat treating and
electroplating shells, shell casings, and tank parts for General Motors
Corporation, Kelsey-Hayes Wheel Comj?any, Ford Motor Company,
Chrysler Corporation, and other manufacturers of war products. The
.Company receives about $1,426,000 annually for its services, 80 percent
of which 'is derived from work performed for war industries. During
the 6-month period preceding the hearing, the Company performed
operations valued at $5,000 on goods shipped by it directly to points
outside the State of Michigan.
We find that the Company's business affects commerce within the
meaning of the, National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to membership
employees of the Company.
Local No. 8, Society of Tool and Die Craftsmen, is a labor organiza-
tion, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 1, 1944, the U. A. W.-C. I. O. requested the Company to
recognize it as exclusive collective bargaining representative of the
Company's employees. The Company did not reply to this request.
On March 26, 1944, the Company and the Society entered into a
closed-shop contract covering the employees involved herein. The
contract provides that it shall remain in full force and effect until
January 15, 1945, and from year to year thereafter. However the
agreement "may be terminated by either party giving notice to the
other party between December 15 and January 15 of the particular
agreement year within which it is given. . . ." Inasmuch as the
U. A. W.-C. I. O. made its claim in timely fashion, we find that the
contract does not- constitute a bar to a present determination of
representatives.
A statement of a Field Examiner of the Board, introduced into
evidence-at the hearing,-indicates that the U. A. W.-C. I. O. represents
COMMONWEALTH INDUSTRIES, INC. 1229
a substantial number of employees in the unit hereinafter found to be
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.
1Y. THE APPROPRIATE UNIT
The U. A. W.-C. I. O._ and the Society agree that all hourly rated
employees of the Company, excluding clerical, office, and supervisory
employees; constitute an appropriate bargaining unit. The Company
took no position with respect to the unit. The employees claimed by
the U. A. W.-C. I. O. and the Society constitute a well-defined
homogeneous group and are the same as those covered by the contract
between the Company and the Society, alluded to above.
We find that all hourly rated employees of the Company, excluding
clerical and office employees and all supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, 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
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 represent-
atives for the purposes of collective bargaining with Commonwealth
Industries, Inc., Detroit, Michigan, an election by secret ballot shall
be conducted as early as possible, but not later than sixty (60) days
from the date of this Direction, under the direction and supervision
2 The Field Examiner reported that the U. A W.-C . I 0 presented 63 authorization
cards bearing the names of persons who appear on the Company's pay roll of December 1,
1944. There are approximately 149 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
1230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the Regional Director for the Seventh Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, 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
the said pay-roll period because they were ill or on vacation or tem-
porarily 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 & Agricultural Implement Work-
ers of America, C. I. 0., or by Local No. 8, Society of Tool and Die
Craftsmen, for the purposes of collective bargaining, or by neither.