The Murray Corp. of America

National Labor Relations Board - Board Decisions

Jul 6, 1943

51 N.L.R.B. 94 (N.L.R.B. 1943)

In the Matter of THE MURRAY CORPORATION OF AMERICA ( EGORSE
PLANT ) and MURRAY ECORSE SUPERVISORS' ASSOCIATION ( UNAFFITd-
ATED)
Case No. R-41731
SUPPLEMENTAL DECISION
AND
ORDER
July 6, 1943
On February 24, 1943, the Board issued a Decision and Direction
of Elections in the above-entitled proceeding.' Upon motion by the
Company for a reconsideration of that Decision, filed on March 25,
1943, the Board ordered that the scheduled elections proceed but that
the ballots be impounded and not counted pending further decision
of the Board. Thereafter, on April 6, 1943, oral argument upon the
motion was had before the Board in Washington, D. C. The Com-
pany, the Union, and International Association of Machinists and
Foremen's Association of America, as amici curiae, appeared and par-
ticipated in the oral argument before the Board. Subsequently the
Company and Foremen's Association of America submitted briefs
which the Board has considered.
Upon the entire record in the case, the Board makes the following
supplemental findings of fact which, to the extent that they are in-
consistent therewith, supersede the findings made in the Decision is-
sued February 24, 1943.
SUPPLEMENTAL FINDINGS OF FACT
I. THE ALLEGED APPROPRIATE UNITS
In its Decision, the Board found that (1) all department super-
visors, (2) all shift supervisors, and (3) all section supervisors em-
ployed by the Company constituted separate units appropriate for the
purposes of collective bargaining. The duties of these employees; set
forth in the Decision, clearly indicated that they are supervisory em-
ployees. For reasons set forth in The Maryland Dry Dock Company
? 47 N. L. R. B. 1003.
51 N. L. R. B., No. 23.
94
THE MURRAY CORPORATION OF AMERICA 95
case,' we find that the department, shift, and section supervisors do
not constitute units appropriate for the purposes of collective bar-
gaining. We accordingly reverse the prior decision and find that no
question affecting commerce has arisen concerning the representation
of employees of the Company in appropriate bargaining units. The
petition will therefore be dismissed.3
ORDER
Upon the basis of the foregoing supplemental findings of fact, and
upon the entire record in the case, the National Labor Relations
Board hereby orders that the petition for investigation and certifica-
tion of representatives of employees of The Murray Corporation of
America, Detroit, Michigan, filed by Murray Ecorse Supervisors' As-
sociation (Unaffiliated) be, and it hereby is, dismissed.
CHAIRMAN HARRY A. MILLIS, dissenting :
For the reasons stated in the first majority decision in this case,
issued February 24, 1943, and in my dissenting opinion in The Mary-
land Dry Dock Company case, filed May 20, 1943, I dissent from the
present finding that the three separate units of department, shift, and
section supervisors are not appropriate.
2 Matter of The Maryland Dry Dock Company and Local No. 31 of the Industrial Union
of Marine & Shipbuilding Workers of America, 49 N. L. R. B. 733.
s Since we have found the bargaining units sought to be established by the Union in-
appropriate , we hereby order the Regional Diiector not to open and count the ballots cast
and impounded in the election held on March 25, 1943.