Precise Aircraft Industries, Inc.

National Labor Relations Board - Board Decisions

May 20, 1943

49 N.L.R.B. 967 (N.L.R.B. 1943)

i
S
In the Matter Of PRECISE. AIRCRAt T • INDUSTRIES, INC. and INTERN_1-
TIONAL UNION, UNITED ,AUTOMOBILE, AIRCRAFT & AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA, C. I. O.
'Case 'No. 'R-5284=Decided May-2D;-19 113
Butzel, Eamon, Long, Gust c Bills, by 211r. J. B. Book, 3d,' of
Detroit, Mich.,` for the-Company.' -
Sugar d Tucker, by Mr. J. N. Tuck e?°, of Detroit,.Mich.,, for,the
Union.
Mr. Louis Cokini, of counsel to the Board.
DECISION'
AND
DIRECTION, OF ELECTION .,
STATEMENT OF THE CASE
I
Upon petition rand amended ,petition duly filed by Internationl
Union, United Automobile, Aircraft & Agricultural Implement
Workers of America, C. I: 0., herein' called the Union, alleging that
a question affecting commerce had arisen concerning, the,representa-
tion of employees of Precise Aircraft Industries, Inc., Milford, Michi-
gan, herein called,the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before, Robert
J. Wiener, Trial Examiner. Said hearing, was held, at-Detroit,
Michigan, on May 5, 1943. The Company and the Union appeared,
participated, and were afforded full opportunity to, be
heard;, tc
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.
Upon the entire record-in the-case; the-Board makes the following:
'FINDINGS OF FACT '
1. THE BUSINESS OF THE COMPANY,
Precise Aircraft Industries, Inc.; is a Michigaii'corporation with its
principal place of business at Milford, Michigan, where it is engaged
in the manufacture and machining of precision airplane parts. Dur=
in- the first 3 months of 1943 the Company sold finished products
49 N. L R. B , No.- 140 r .,
96,7'
968 DECISIONS OF NATIONAL LABOR ' RELATIONS BG_AR1D
valued in excess of $75,000, a -small percentage 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.
H. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft cC Agricultural
iImplement Workers of America, is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During the first part of April 1943, the Union, claiming to repre-
sent a majority of the employees, asked the Company for recogni-
tion as the exclusive collective bargaining representative of its
employees. The Company refused this request.
A statement of the Trial Examiner, read into evidence at the hear-
ing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found to be 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
The Union urges that all production and maintenance employees
of the Company , excluding foremen and office and clerical employees,
constitute an'appropriate unit. The Company stated that it had no
objection to the proposed unit.
We find that ' all' production and maintenance employees of, the
Company, excluding foremen and any' other supervisory employees
with authority to hire or di'schare , and office and' clerical employees,
constitute a iinit-ap 'propriate for the purpo'ses`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.
The Trial Examiner reported that'the Union presented 27 authorization cards bearing
apparently genuine signatures No check was made of the names on said cards against the
pay roll of, the Company because of the Company's refusal to submit its pay loll. There
ere approximately 75 employees in the appropriate unit
PRECISE AIRCRAFT INDUSTRIES, INC. 969
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 Rela-
tions 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 Precise Aircraft
Industries, Inc., Milford, 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 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 & Agricultural Implement Workers of
America, affiliated with the Congress of Industrial Organizations, for
the purposes of collective bargaining.