Majestic Tool and Manufacturing Corp.

National Labor Relations Board - Board Decisions

Mar 30, 1943

48 N.L.R.B. 828 (N.L.R.B. 1943)

In the Matter Of MAJESTIC TOOL AND MANUFACTURING CORPORATION and
INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICUL-
TURAL IMPLEMENT WORKERS OF AMERICA, LocAI. 155, CIO
Case No. R-5007--Decided March 30,19.43
Jurisdiction : machine tools manufactuf•ing industry.
Investigation and Certification of Representatives : existence of question: com-*
pany failed to reply to union's request for recognition; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding supervisory, confidential, and office clerical employees;
stipulation as to.
'Mr. Howard Henry, of Detroit, Mich., for the Company.
Mr. Larry Tankka, of Detroit, Mich., for the U. A. W.
Mr. Robert 0. Brown and Mr. James G. Beck, of Detroit, Mich.,
for the Society.
Mr. A. Sumner Lawrence, 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,
Local 155, CIO, herein called the U. A. W., alleging that a question
affecting commerce had arisen concerning the representation of em-'
ployees of Majestic Tool and Manufacturing Corporation, Detroit,
Michigan, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Frederick P. Mett, Trial Exam-
iner. Said hearing was held at Detroit, Michigan. on March 15, 1943.
The Company, the U. A. W., and The Society of Tool and Die Crafts-
men of America, Local No. 1, herein called the Society, appeared,'
participated, and were afforded full opportunity to be heard, to ex-
amine 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.
48 N. L. R. B., No. 95.
828
11
MAJESTIC TOOL AND MANUFACTURING CORPORATION 829
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Majestic Tool and Manufacturing Corporation, a Michigan corpora-
tion, has its principal office and place of business in Detroit, Michi-
gan, ^,-here it is engaged in manufacturing machine tools. Of the
Company's present production, 95 percent is in fulfillment of contracts
with branches of the United States Government directly engaged in
the war effort. Of the finished products manufactured by the Com-
pany 'at its Detroit, Michigan, plant, approximately 50 percent is
currently 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 Agricultural
Implement Workers of America, Local 155, is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
The Society of Tool and Die Craftsmen of America, Local No. 1,
is a labor organization admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
Shortly before the filing of the present petition, the U. A. W. notified
the Company that it represented a majority of the Company's em-
ployees and requested the Company not to sign or renew any contract
with any other group or union until such time as a bargaining repre-
sentative had been determined by the Board. The Company made
no reply to the communication but admitted at the hearing that the
communication had been received. Subsequent to the notice from
the U. A:. W. and the filing of the present petition, the Company was
requested by the Society to enter into negotiations for a new collective
bargaining agreement' to replace an agreement recently expired be-
tween the Company and the Society.2 The Company declined to con-
While the Society had negotiated a standard form of contract with an employer' s asso-
elation of which the Company was a member, the contract was not effective until approved
by the individual members of the Association
2 The expired agreement is a closed-shop contract dated February 2, 1942, and by its
terms effective until February 1, 1943. Although counsel for the Society claimed that the
contract continued from year to year, the contract contains no provision for automatic
renewal.
i
830 DECISIONS OF NATIONAL IJABOR ` RELATIONS BOARD
duct negotiations of any kind with the Society pending the determina-
tion of the present proceeding. ,
A report of the Regional Director, introduced in evidence at the
hearing, and a statement of the Trial Examiner at the hearing, indi-
cate that the U. A. W. represents a substantial number of employees
in the unit hereinafter found appropriate.3
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, in accordance with a stipulation of the parties, that all
production and maintenance employees, of the Company, excluding
supervisory, confidential, and office clerical employees, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Act 4
\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 the Direction of Elec-
tion 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 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 Majestic Tool
and Manufacturing Corporation, . Detroit, Michigan, an election by
secret ballot shall be conducted as early as possible; but not later than
8 The Regional Director reported that the U. A. W. had submitted 84 signed authoriza-
tion cards of which .17 were dated between January 7 and February 13, 1943, and 67
undated ; that of the 84 cards , 83 bore the apparently genuine original signatures of per-
sons whose names are on the Company 's pay roll of February 6, 1943, containing 133 names
within the appropriate unit.
The Trial Examiner stated at the hearing that the U . A. W. had submitted 20 additional
authorization cards of which 2 were dated February 26, 1943,,1 dated March 1, 1943, and,
15 undated ; that all bore the apparently genuine original signatures of persons whose
names are on the Company's payroll of February 6, 1943
The Society did not submit any evidence of membership but relied upon its contract with
the Company as evidence of its interest in the proceeding.
This is substantially the same unit covered by the contract between the Company and
the Society.
J
MAJESTIC TOOL AND MANUFACTURING CORPORATION 831
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 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 employees who have since quit or been discharged
for cause, to, determine whether they desire to be represented by Inter-
national Union, United Automobile, Aircraft and Agricultural Imple-
ment Workers of America, Local 155, CIO, or by The Society of Tool
and Die Craftsmen of America, Local No. 1, for the., purposes. of
collective bargaining, or by neither.