Synder Tool & Engineering Co.

National Labor Relations Board - Board Decisions

Mar 22, 1945

60 N.L.R.B. 1410 (N.L.R.B. 1945)

In the Matter of SNYDER TOOL & ENGINEERING COMPANY and INTER-
NATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA, LOCAL 155, C. I. O.
Case No. 7-R-1934.-Decided March 22, 1945
Mr. E. E. Eagan , of Detroit , Mich., for the Company.
Mr. Frank 0. Feldt, Jr., of Detroit, Mich., for the U. A. W,
C. I. O.
Messrs. James G. Beck and Robert 0. Brown, of Detroit , Mich.,
for the Society.
Mr. Louis Cokin , 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 & Agricultural Implement Workers of America, Local
155, C. I. 0., herein called _ the U. A. W.-C. I. 0., alleging that a
question affecting commerce had arisen concerning the representation
of employees of Snyder Tool & Engineering Company, Detroit,
Michigan, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
David Karasick, Trial Examiner. Said hearing was held at Detroit,
Michigan, on February 23, 1945. At the commencement of the
hearing, the Trial Examiner granted a motion of Local- No. 1,
Society of Tool and Die Craftsmen, herein called the Society, to
intervene. The Company, the U. A. W.-C. I. 0., and the Society
appeared at and participated in the hearing and all parties 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. All parties were afforded opportunity
to file briefs with the Board. -
Upon -the entire record in the case, the Board makes the following:
60 N. L R B, No. 247.
1410
SNYDER TOOL & ENGINEERING COMPANY
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
1411
Snyder Tool & Engineering Company is a Michigan corporation
with its principal place of business at Detroit, Michigan, where it is
engaged at two plants in the manufacture of special machinery and
special machine tools. During the 6-month period ending December
31, 1944; the Company purchased raw materials valued at about
$765,000, approximately 40 percent of which was shipped to it from
points outside the State of Michigan. During the same period, the
Company sold products valued at about $2,175,000, approximately
7 0 percent 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.
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft & 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.
Local No. 1, Society of Tool and Die Craftsmen, is a labor organiza-
tion, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 20, 1944, the U. A. W.-C. I. O. requested the Company
to recognize it as the exclusive collective bargaining representative of
the Company's employees. The Company refused this request on
I he ground that it was operating under a contract with the Society.
On January 24, 1944, the Company and the Society entered into a
closed-shop contract covering the employees involved herein. The
contract provides that it shall remain in full force and effect until
January 15, 1945, and from year to year thereafter. However, the
agreement "may be terminated by either party giving notice to the
other party between December 15 , and January 15 of the particular
agreement year within which it is given . . ." Inasmuch as the
U. A. W.-C. I. O. made its claim in timely fashion, we find that the
contract does not constitute a bar to a present determination of
representatives.'
' It appears from the record that a dispute between the Company and the Society is
presently pending before the National War Labor Board. In its brief, the Society con-
tends that the petition should be dismissed for that reason We find the contention to be
without merit . The Society has enjoyed contractual relationships with the Company'since
1937. See Matter of MacClatchse Manufacturing Company, 53 N L. R. B. 1268.
1412 DECISIONS OF NATIONAL LABOR "RELATIONS BOARD
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the U. A. W.-C. I. 0. represents a
substantial number of employees in the unit hereinafter found to be
apps opri ate.2
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 substantial accord with a stipulation of the parties, that
all employees at the two Detroit plants of the Company, including
apprentices, bench hands, bench helpers, carpenter and crater helpers,
csip jig boring operators, DeVlieg horizontal boring operators,
G. & L. horizontal boring operators, general horizontal boring opera-
tors, vertical boring and turning mill operators, crane operators, elec-
tricians, grinder hands, Blanchard grinders, cutter grinders, gear and
lathe operators heat treat employees, inspectors, janitors, leaders,
lathe operators, laborers, machine repair and maintenance operators,
horizontal mill machine operators, spline mill operators, vertical mill
operators, planer operator, pipe fitters, pattern storage employees,
painters, radial drill operators, receiving department, steel crib, and
sheet metal department employees, scraper hands, screw machine oper-
ators, special course employees, snaggers, shapers, tool crib employees,
truck drivers, and tool makers, but excluding the office janitress, sales
engineer, office employees, employees in the engineering department,
and all supervisory employees with authority to hire, promote, dis
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a single 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 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 U. A. W.-C. I. 0. requests that it appear on the ballot as "Local
#155, U. A. W.-C. I. 0." The request is hereby granted..
2 The Field Examiner reported that the U. A. W.-C. I. O. presented 141 authorization
cards bearing the names of persons who appear on the Company 's payroll of January 14,
1944. There are approximately 185 employees in the appropriate unit The Society did
not present any evidence of representation , but relies upon its contract as evidence of its
interest in the instant proceeding.
SNYDER TOOL & ENGINEERING COMPANY
DIRECTION OF ELECTION
1413
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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Snyder Tool &
Engineering Company, Detroit, Michigan, an election by secret ballot
shall be conducted as early as possible, but not later than sixty (60)
days from the date of this Direction, under the direction and super-
vision 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, Sections 10 and 11, 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 pre-
ceding 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
and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether they desire to be represented by Local $ 155,
U. A. W.-C. 1. 0., or by Local No. 1, Society of Tool and Die Craftsmen,
for the purposes of collective bargaining, or by neither.