Owosso Metal Industries, Inc.

National Labor Relations Board - Board Decisions

Jun 17, 1943

50 N.L.R.B. 698 (N.L.R.B. 1943)

III the Matter of Owosso METAL INDUSTRIES, INC. and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLE-
MENT WORKERS OF AMERICA (UAW-CIO)-
Case No. R -5V09-Decided June 1'7, 1943
Messrs. ' Francis J. George and ,Howard Cline, of Flint, Mich., for
the Company.
Mbfr. R. Lyle Stone, of Flint, Mich., for the Union.
Mr. Joseph F. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
A
Upon petition duly filed by International Union, United Automo-
bile, Aircraft and Agricultural Implement Workers of America
(UAW-CIO), herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Owosso Metal Industries, Inc., Owosso, Michigan, herein called
the Company,' the National Labor Relations Board provided for all
appropriate hearing upon due notice before Frederick P. Mett, Trial
Examiner. Said hearing was held at Owosso, Michigan, on May-26,
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 upon the issues. The
Trial Examiner's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
The Company moved to dismiss the petition on the ground that the
Union, did not represent a majority of its employees. The Trial
Examiner reserved ruling. The motion is hereby denied.
The Company filed a brief on May 31, 1943, which the Board has
considered. I _
Upon the entire record in the case, the Board makes the following :
i The name of the Company was erroneously designated as "Owosso Metal Industries,
also known as Redmond 's" in the petition and some of the formal papers , all of which
were corrected by amendment at the hearing.
50 N. L R B, No 95
698 1
OWOSSO METAL 'INDUSTRIES, INC
FINDINGS OF FACT
1. THE' BUSINESS OF THE COMPANY
699
Owosso Metal Industries, Inc., a Michigan corporation; with , its
general offices and plant at Owosso, Michigan, is engaged in the manu-
facture and sale of electrical motors and other electrical products.
Annually, the Company purchases a substantial amount of raw mate-
rials for use in its Owosso plant, a large majority of which is shipped
from points outside the Suite of Michigan. The Company's annual
sales are in excess of $500,000, a large majority of which is shipped
from its Owosso plant 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 ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America (UAW-CIO), affiliated with the Con-
gress of Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 30, 1943, the Union notified the Company by letter that
it had been designated as the bargaining representative by a majority
of the Company's employees, and requested exclusive recognition.
The Company failed to reply to the Union's request. '
A statement prepared by a Field Examiner of the Board, intro-
duced in evidence, and authorization cards submitted by the Union
to the Trial Examiner, indicate that the Union represents a substan-
tial number of' employees in the unit hereinafter found to be
appropriate.'
2 The Field Examiner reported that the Union submitted 545 authorization cards, 492
of which appeared to bear apparently genuine signatures and bear the names of persona
whose names appear on the Company' s pay roll of April 8, 1943; the pay roll ,contains the
names of 1,618 employees in the appropriate unit The cards were dated as follows : 442
between January 1, 1943, and May 5, 1943 , and 50 undated . Thirty-three authorization
cards were submitted to the Trial Examiner , 23 of which bear apparently genuine signa-
tures and bear the names of persons whose names appear on the Company 's pay roll of
April 8, 1943. The 33 cards were dated between May 5 and 22, 1943
At the hearing the Company made a motion to dismiss the petition on the grounds that
no valid proof had been made that the Union has been designated or selected as representa-
tive by a majority of the employees of the Company or any substantial number thereof.
Counsel for the Company argued that the Field Examiner's statement had no probative
value ; that the statement w as made in the absence of any representative of the Company,
that the Company has no knowledge of the truth of the statements contained therein, and
objected to the introduction of that statement in evidence . The Trial Examiner overruled
the objections We have heretofore affirmed the rulings of the Trial Examiner and we
find that the Company's cbntentions are without merit. As we have frequently stated, the
report of a Board agent with respect to a claim of authorization for the purposes of rep-
resentation isl taken, not as proof of the precise number of employees who desire to be rep-
70,0 DEOrSiTOINS OF -NATIONAL LABOR RELATIONS BOARD
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.
IT. THE APPROPRIATE UNIT
The Union contends that the appropriate unit should comprise all
production and maintenance employees, excluding plant-protection
,employees, watchmen, clerical, and; supervisory employees. The Com-
pany expressed no opinion as to whether maintenance employees should
be included or excluded from the unit, but agrees with all other inclu-
sions and exclusions listed by the Union.
Inasmuch as- the duties and interests of the maintenance employees
are closely related to those of the production employees; and in accord-
ance with our customary practice, we 'shall include all maintenance
employees in the unit.
We find that all production and maintenance employees of the Com-
pany, excluding plant-protection employees, watchmen, clerical and
supervisory employees,' constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act.
V. TM 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 our Direction of Election
herein, subject to the limitations and additions set forth in said
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 2, as amended, it is hereby
. DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective, bargaining with Owosso Metal
Industries, Inc:, Owosso, 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 Seventh Region, acting in this matter
resented by a labor organization, but rather to protect the Company and the Board from
unfounded claims by such organizations and to give reasonable assurance that a substan-
tial number of employees desire to be so , represented . See Matter of Interlake Iron Cor-
poration, 38 N. L . R: B. 139.
The parties agreed that set-up men, non-supervisory - inspectors , and non -clerical pro-
duction planning department employees are production employees and that janitors and
matrons fall in the same classification as watchmen.
OWOSSO METAL INDUSTRIES, INC. 701
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
any who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by International Union,
United Automobile,, Aircraft and Agricultural Implement -Workers
of America (UAW-CIO), for the purposes of collective bargaining.