Pressed Metals of America, Inc.

National Labor Relations Board - Board Decisions

Jun 1, 1943

50 N.L.R.B. 9 (N.L.R.B. 1943)

In the Matter Of PRESSED METALS OF AMERICA, INC. and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLE-
MENT WORKERS OF AMERICA (UAW-CIO)
Case No. R-5304.-Decided June 1, 1943
Mr. John D. Leighton, of Port Huron, Mich., for the Company.
Mazurice Sugar and N. L. Smokier, by M. N. L. Smokier, of Detroit,
Mich., and Mr. Bernard G. Young, of Port Huron, Mich., for the
UAW-CIO.
Mr. Miles K. Benedict and Mr. Maurice Denby, of Port Huron, Mich.,
for Local 127.
Mr. William R. Cameron, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Automobile,
Aircraft and Agricultural Implement Workers of America (UAW-
CIO), herein called the UAW-CIO, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Pressed Metals of America, Inc., Marysville, Michigan, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Charlotte Anschuetz, Trial
Examiner. Said hearing was held at Port Huron, Michigan, on May
5, 1943. The Company, the UAW-CIO, and Local Union No. 127,
International Union, United Automobile Workers of America, affili-
ated with the American Federation of Labor, herein called Local 127,
appeared, participated, and were afforded 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. The'
UAW-CIO filed a brief which the Board has considered.
50 N. L. R. B., No. 3.
10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the- case, the Board makes the following :
FINDINGS OF FACT
E THE BUSINESS OF THE COMPANY
Pressed Metals of America, Inc., is a Delaware corporation engaged
in the manufacture of war materials at its plant in Marysville,
Michigan. During the year 1942 the Company purchased raw mate-
rials, consisting principally of steel bars and coils, amounting in value
to more than $820,000, of which approximately 57 percent was obtained
from sources outside the State of Michigan.- During the year 1942
the Company's finished products amounted in value to more than
$1,895,000, approximately 42 percent of which was shipped to points,
outside the State of Michigan. The Company concedes that it is
engaged in commerce within the meaning of the National Laboi
Relations Act. I -
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft and Agricultural
Implement Workers' of America (UA117"-CIO) is a labor organization,
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
Local Union No. 127, International Union, United Automobile Work-
ers of America, is a labor organization, affiliated with the American
Federation of Labor, admitting to membership- employees of the
Company. '
ITI. THE QUESTION CONCERNING REPRESENTATION
Local 127 , as bargaining representative of the employees, on May
10, 1940, entered into a contract with the Company of indefinite dura-
tion but containing a proviso that either party desiring to modify or
amend shall give to the other 30 days ' notice in writing. , No notice
has been given by either party of intention to modify, amend, or
terminate this contiact . The UAW-CIO, on March 29, 1943, ad-
vised the Company by letter that it claimed to represent a majority
of the Company 's employees , and requested recognition as exclusive
bargaining representative . The Company replied by letter on March
30, 1943, that in view of its contract with Local 127 it could not recog-
nize the UAW -CIO unless it should be certified as exclusive bargaining'
representative by the Board.
A motion was made by Local 127 at the hearing to dismiss the peti-
tion filed in this proceeding by the UAW-CIO upon the grounds that
iio evidence was submitted to establish the allegations made by the
UAW-CIO in its p-tition as,to the number of employees in the claimed
PR'EBSEED METALS OF, AMERICA, INC. - 11
appropriate unit, the total number of employees in the plant, or to
establish that it has been designated or selected by the percentage
of employees•in the appropriate bargaining unit claimed in the, peti-
tion. We find that there is no merit in this contention. A statement
of the Regional Director, introduced in evidence at the hearing, indi-
cates that the UAW-CIO represents a substantial number of employees
in the unit hereinafter found to be appropriate, and we shall therefor
overrule the motion.'
Local 127 also contends that its contract with the Company, above
mentioned, is a bar to proceedings for investigation and determination
of representatives. We have repeatedly held that a contract similar
to the one now in existence between Local 127 and the Company does
not constitute a bar to a determination of representatives where a year
or more has already expired, and a substantial question has been
raised as to whether the employees desire the contracting labor or-
ganization to continue to represent them.2 It is the' policy *of the
Board that employees should not be precluded from the opportunity
to select their collective bargaining representatives for an indefinite or
unduly long period of time. In this case the contract is by its terms
of indefinite duration, and has already been in force for more than
3 years. Further, the contract provides for the reopening of negotia-
tions upon 30 days' notice. We find, therefore, that the contract
The Regional Director reported that the UAW-CIO had submitted 136 authorization
cards, all dated in February 1943, and all bearing apparently genuine original signatures
Of the cards so submitted 128 bear the names of persons appearing on it pay-roll list
furnished by the Company , containing 253 names of persons within the , appropriate unit
as of April 5, 1943
Th6 Trial Examiner stated at the hearing that Local 127 had offered for inspection 282
dues payment receipts, 249 of these benig for April 1943, and 24 for May or thereafter.
By comparison of these receipts with the above-mentioned pay-roll list, it was found that
244 persons whose names appeaied on that list had paid their dues for April or May 1943.
Local 127 also relies on its contract with the Company, above mentioned, as establishing
its interest.
Local 127 further made a request, which the Trial Examiner refused, that the UAW-CIO
he required to produce its evidence of representation at the hearing The Trial Exam-
iner's ruling is hereby affirmed. At the hearing the UAW-CIO did not request certifica-
tion but only an election. In such circumstances it is not the Board's policy to require
any party to exhibit its evidence of representation for the inspection of other parties,
because the employees involved might thus be exposed to the possibility of reprisal.
Authorization or membership cards are required to be submitted simply as a precaution
against indiscriminate institution of representation proceedings by labor organizations
which might have received little or no actual designation for representation among the
employees concerned
See Batter of A. M. Siskin and Garrison Siskin, doing business as R. H . Siskin d Sons
and Steel Workers Organizing Committee ( C. I. 0.) 41 N . L. R B 187 ( Footnotes 2 and
3) ; Matter of H. G. Hill Stores , Inc. Warehouse and Local 2-7, International Longshore-
men's and Warehousemen 's Union, affiliated with the C I. 0., 39 N. L. It. B. 874 ( Footnote
2) ; Matter of Samson Tire and Rubber Corporation and United Rubber Workers of America,
Local No. 44, 2 N. L R. B. 148, 156.
2 See Matter of American Radiator c& Standard Sanitary Corporation and United Elec-
trical, Radio if Machine Workers of America , affiliated with the Congress of Industrial
Organizations, 35 N L. It. B 172, Matter of Allegheny Ludlum Steel Corporation and
Steel Worl. ei s Organizing Committee, affiliated with the C. I. 0 , 40 N L R B 1285 ;
Matter of The American Couch d Body Co and International Union, United Automobile
We, hers of America, Local 755 (C 1 O.), 28 N L R B. 508 i
12 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD
,between Local 127 and the Company does not at this time constitute, a
bar to a determination of representatives.
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 parties agreed at the hearing that all employees of the Company,
including watchmen, but excluding clerical and office employees and
supervisory 'employees of and above the rank of foremen, constitute
an appropriate unit. This is substantially the unit covered in the
present'contract between Local 127 and the Company. , It was further
agreed that an employee, William Hopson, who formerly was em-
ployed in one of the departments of the factory, but who is now
employed in the Company's office, is to be considered a clerical em-
ployee. Although it is not certain whether he will continue at this
work, he is at present employed in the Company's invoice and priorities
division. We find that he is a clerical employee and shall therefore
exclude him. '
The Company employs four plant-protection employees, or watch-
men, and one plant-protection foreman. Three of the watchmen are
uniformed, although it does not appear that any of them are armed.
All of the watchmen do some other work in addition to protecting the
plant. In view of the agreement of the parties, and in the absence
of any showing that the plant-protection employees are armed or mili-
tarized, we shall include watchmen in the unit. We shall, however,
exclude- armed or militarized guards, if any.3 -
, We find that all employees of the Company, including watchmen,
but excluding office and clerical employees, supervisory employees of
and above the rank of foremen, and armed or militarized guards, con-
stitute 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 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.
It did not clearly appear in evidence whether the plant-protection employees might be
subject to orders issued by officers of the armed forces of the United States. It has been
the policy of the Board to exclude , from a production and maintenance unit plant-protec-
tion employees who are armed or militarized , and it is not the intention of the Board to
deviate from its established policy in this instance.
PR,ESISED METALS OF AMERICA, INC. 13
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 Pressed Metals of
America, Inc., Marysville, 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 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,
acid 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 they
desire to be represented by International Union, United Automobile,
Aircraft and Agricultural Implement Workers of America (UAW-
CIO), or by Local Union No. 127, International Union, United Auto-
mobile Workers of America, affiliated with the A. F. L., for the pur-
poses^of collective bargaining, or by neither.