Besser Manufacturing Co.

National Labor Relations Board - Board Decisions

Nov 7, 1941

36 N.L.R.B. 764 (N.L.R.B. 1941)

In the Matter of BESSER MANUFACTURING COMPANY and UNITED CON-
STRUCTION WORKERS ORGANIZING COMMITTEE , AFFILIATED WITH THE
C. I. O.
Case No. R-3087.-Decided November 7, 1941
Jurisdiction : plane pallett stripper, concrete mixer, and accessory manufactur-
ing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition until certification by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : all production and' maintenance
employees excluding supervisory and clerical employees , salesmen , plant pro-
tection employees , and temporary workers engaged in constructing new
addition to plant ; agreement as to.
Mr. Lawrence Filburn, of Detroit, Mich., for the Union.
Mr. Jesse H. Besser, of Alpena, Mich., for the Company.
Mr. Wm. F. Scharnikow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 11, 1941, the United Construction Workers Organiz-
ing Committee, affiliated with the C. I. 0., herein called the Union,
filed with the Regional Director for the Seventh Region (Detroit,
Michigan) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of Besser Manu-
facturing Company, Alpena, Michigan, herein called the Company,
and requesting an investigation and certification of representatives
pursuant to Section 9 (c) of the National Labor Relations Act, 49
Stat. 449, herein called the Act. On September 23, 1941, the National
Labor Relations Board, herein called the Board, acting pursuant to
Section 9 (c) of the Act, and Article III, Section 3, of National Labor
Relations Board Rules and Regulation's-Series 2, as amended, ordered
an investigation and authorized the Regional. Director to. conduct it
and to provide for an appropriate hearing upon due notice.
36 N. L. R. B., No. 157.
764
BESSER MANUFACTURING COMPANY 765
On October 3,, 1941, the National Labor Relations Board issued
a notice of hearing, copies of which were duly served upon the Com-
pany and the Union. Pursuant to notice a hearing was held on
October 8, 1941, at Alpena, Michigan, before Harry N. Casselman,
the Trial Examiner duly designated by the Chief Trial Examiner.
The Company and the Union were represented and participated in
the hearing.. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues
was afforded all parties. During the course of the hearing the
Trial Examiner made a ruling on an objection to the admission of
evidence. The Board has reviewed the ruling of the Trial Examiner
and finds that no prejudicial error was committed. The ruling is
hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Bess'er Manufacturing Company is a Michigan corporation with
its main plant and principal office at Alpena, Michigan, and is engaged
in the manufacture of plane pallett strippers, concrete mixers, and
accessories. In the year immediately preceding the hearing, the Com-
pany purchased raw materials (steel, pig iron, and coke) and machin-
ery valued in excess of $155,000, of which approximately 75 per cent
came from outside the State of Michigan. In the same period, the
Company's finished products were of a value in excess of $600,000.
About 50 per cent, by value, of such products were shipped to points
outside the State of Michigan. The Company concedes that it is
engaged in commerce within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
United Construction Workers Organizing Committee is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company and the Union stipulated that a question concerning
representation exists in that the Company, in answer to the Union's
request for recognition, refuses to recognize any labor organization
as exclusive bargaining representative of the Company's employees
until a representative is certified by the Board. A statement of the
Trial Examiner at the hearing shows that the Union represents a
766 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
substantial number of employees in the unit hereinafter found to be
appropriate.'.
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE-QUESTION' CONCERNING REPRESENTATION,'UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade., traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
. The Company and the Union stipulated, and we find, that all main-
tenance and production employees at the, Company's plant in Alpena,
.Michigan, excluding -supervisory and office employees, salesmen, and
plant-protection employees, and excluding also temporary workers 2
employed in the construction of a new addition to the plant, constitute
a unit appropriate for the purposes of collective bargaining, and that
said unit will insure to employees of the Company the full benefit of
their right to self-organization and to collective bargaining, and other-
wise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by
an election by secret ballot. The parties stipulated that eligibility to
vote be determined by the pay roll of the Company for the period
ending August 21, 1941. In accordance with the agreement of the
parties, we shall direct that the persons eligible to participate in the
election shall be the employees in the appropriate unit who worked
for the Company during the pay-roll period ending August 21, 1941,
subject to such limitations and additions as are set forth in the
Direction.
' The Trial Examiner's statement shows that 82 cards applying for membership in the
Union were submitted, of which 7 were dated between August 10, 1941, and September 15,
1941, and 75 were undated. Of the 82 cards, 80 appear to bear genuine signatures . Sixty-
three of these 80 apparently genuine signatures are names of persons listed on the Com-
.pany's pay roll of August 21, 1941, which was submitted in evidence . The pay roll indicates
there are 124 in the appropriate unit.
z Approximately 12 in number.
a
BEISS'E !R MANUFACTURING COMPANY 767
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation' of -employees of Besser Manufacturing Company, Alpena,
Michigan, within the meaning of Section 9 (c) and Section 2 _(6) and
(7) of the National Labor Relations Act.
2. All maintenance and production employees at the Company's
plant in Alpena, Michigan, excluding supervisory and office employees,
salesmen, and plant-protection employees, and excluding also tempo-
rary workers employed in the construction of a new addition to the
plant, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National Labor
Relations Act.
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 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Besser Manufacturing Company, Alpena, 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 direc-
tion 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 9, of said Rules and Regulations,
among all maintenance and production employees Who worked for the
Company at its plant in Alpena, Michigan, during the pay-roll period
ending on August 21, 1941, including employees who did not work dur-
ing such pay-roll period because they were. ill or on vacation or in the
active military service or training of the United States, or temporarily
laid off, but excluding supervisory and office employees, salesmen, plant-
protection employees, temporary workers employed in the construction
of a new addition to the plant, and those employees who have since quit
or been discharged for cause, to determine whether or not they desire
to be represented by United Construction Workers Organizing Com-
mittee, affiliated with the C. I. 0., for the purposes of collective
bargaining.