Mason Can Co.

National Labor Relations Board - Board Decisions

Mar 24, 1943

48 N.L.R.B. 486 (N.L.R.B. 1943)

In the Matter of MASON CAN COMPANY and UNITED PAPER,NOVELTY &
Toy WORKERS INTERNATIONAL UNION
Case No.,R-IF9$4.-;laecicled March f4,1943
Jurisdiction :, oil filters manufacturing industry.
Investigation , and Certification of, Representatives : existence of question • re-
fusal to recognize the union until certified by the Board ; usual pay-roll date
to determine eligibility although union desired eligibility to be based upon
the,pay-roll, date nearest in time to its claim to recognition because subsequent
to its claim company had hired new, employees; election necessary.
Unit Appropriate for Collective Bargaining : all employees for the company at
one of-its plants, excluding supervisory and office employees; stipulation as to.
Mr. Don B. Sharpe, of Kalamazoo, Mich., and Mr. E. E. Eady, of'
Otsego, Mich., for the Company.
'Mr.-Ralph, E.4evagler, of Kalamazoo, Mich.,, for, the Union.
Mr. Glenna L. Moller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Paper, Novelty & Toy Workers
International Union, herein called the Union, alleging 'that a quest'i'on
affecting commerce had arisen concerning the representation of em-
ployees of Mason Can Company, Otsego, Michigan, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Frederick P. Mett, Trial
Examiner. Said hearing was -held -at Otsego, Michigan, on March 10,
1943. The Company and the Union appeared, participated, and were
afforded full- opportunity to be.,heard, ,to examine , alld„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
Mason Can Company is a Rhode Island Corporation engaged in the
manufacture and sale of parts for oil filters. • _The Company's main
plant is located in East Providence, Rhode Island, but the Otsego
48 N L. R B., No. 57. - ,
486
MASON Ca1v COMPANY 487
plant, the only one of th6 Cofpaiâ–ºy'goperations here involved, is
operated entirely separate from the. Company's other operations.
The Company employs at its Otsego plant about 65 employees. The
,principal raw material used at the Otsego plant is a metal known as
black plate, almost 100 percent of which is shipped to the plant from
points outside the State of Michigan. The raw materials used at
the plant annually exceed $25,000 in value. The Company's finished
,products annually exceed $50,000 in value, all of which is sold to a
company located within the State of 'Michigan. All the finished
products are used in war production.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Paper, Novelty & Toy Workers International Union, af-
filiated with the Congress of Industrial Organizations, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about December 1 and on December 11, 1942, the Union re-
quested recognition from the Company, but the Company made no
reply. At the hearing the Company stated that it is unwilling to
extend recognition to the Union until there has been a certification
by the Board.
A statement of the Regional Director, 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 meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In accordance with the stipulation of the parties, we find that all
employees of the Company at its Otsego, Michigan; plant, but ex-
cluding supervisory and office employees 2 and watchmen, constitute
a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
I The Regional Director reported that the Union submitted 34 application for member-
ship cards, all of which bore apparently genuine signatures, 31 of which are the names
of persons appearing on the Company's pay roll of February 19, 1943. The pay roll indi-
cates that there are 65 employees within the appropriate unit. The testimony at the
hearing established that the 65 names include those of 6 employees who the parties agreed
should be excluded.,2
The parties agreed that a shipping clerk, J. G. Parsons, and one Marion Lindsey, who
does some clerical work, but who works in the production section of the plant, should be
included in the unit.
488 DECISIONS OF 'NATIO'NAL', LAB0R,,-RELATIONS' BOARD
V. THE ' DETERMINATION .-OF, REPRESENTATIVES
The Union desires that eligibility, to participate in an _ electionl
,shall, be_ based upon thd, pay-roll date nearest in time to the Union's
,claim for recognition. ' The,Union cointend's that subsequent to its
claim for recognition a number of. new, employees have been hired,
thereby' endangering the Union's majority. The evidence reveals
that only about 10 additional ' employees have been hired since the
Union made its claim and the ,Company does not contemplate hiring
more. than.a very few additional employees. Under the circumstances
,we see no reason for departing from our usual practice concerning the
date as of which eligibility to vote should be governed.
We shall direct that the question concerning representation which
has arisen be resolved by 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 Relation's
'Act, and' pursuant to Article III,' Section 9,, of National Labor Re,
lations Board Rules and Regulations-Series 2, as- amended, it' is
hereby
DIRECTED that, as part of tie investigation to ascertain representa-
tives for the purposes of, collective bargaining with Mason-Call
Company, Otsego, Michigan, an election by secret ballot shall be con-
ducted 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 -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'em-
ployed 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 United
Paper, Novelty & Toy Workers International Union; -affiliated with
the --Congress of Industrial Organizations, for the purposes of
collective bargaining. ,
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