Bohn Aluminum & Brass Corp.

National Labor Relations Board - Board Decisions

Jun 16, 1942

41 N.L.R.B. 1012 (N.L.R.B. 1942)

In the Matter of BOHN ALUMINUM & BRASS CORPORATION and UNITED
PROTECTIVE WORKERS OF AMERICA, LOCAL #1
Case No. R-3828.-Decided June 16, 1942
Jurisdiction : bearing and casting manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal'to grant petitioner recognition; election necessary
-Unit Appropriate for Collective Bargaining : plant-protection employees.
Definitions : plant-protection employees held employees within the meaning of
the Act
Butzel, Eaman, Long, Gust & Bills, by Mr. Victor 1V. Klein, of
Detroit, Mich., for the Company.
Ernest Goodman ct Harry H. Anbender, by Mr. Harry H. An-
bender, of Detroit, Mich., for the union.
Miss Melivern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by United Pro-
tective Workers of America, Local #1, herein called the Union,
alleging that a question affecting commerce had arisen concerning
,the representation of employees of Bohn Aluminum & Brass Corpora-
tion, Detroit, Michigan, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Woodrow J. Sandler, Trial Examiner. Said hear-
ing was held at Detroit, Michigan, on May 13, 1942. The Company
,and the Union appeared, participated, and were afforded full oppor-
tunity 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. -
Upon the entire record in the case, the Board makes the following :
41 N. L. R B., No. 184 ,
1012
BOHN ALUMINUM & BRASS CORPORATION 1013
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Bohn Aluminum & Brass Corporation is a Michigan corporation,
Laving its principal office in Detroit, Michigan. This proceeding con-
-cerns employees of the Company at its Plant #1, Detroit, Michigan,
where the Company is engaged in the production of bearings, castings,
and machine parts. During 1941, the Company purchased, for use
at Plant #1, raw materials valued in excess of $3,000,000, of which 50
percent was shipped to the plant from points outside the State of
Michigan. During the same period, the plant manufactured finished
products valued in excess of $3,000,000, of which 50 percent 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
United Protective Workers of America, Local #1, is an unaffiliated
labor organization, admitting to membership plant-protection em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about March 4, 1942, the Union requested the Company to
recognize it as the exclusive bargaining agent of the plant-protection
employees at Plant #1. The Company has not granted such recog-
nition.
At the hearing the parties stipulated that the Union represents all
eight employees in the unit alleged by the Union to be appropriate
whose names appear on the Company's pay roll of May 9, 1942.
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 plant herein involved, consisting of a number of buildings, is
operated by the Company as a manufacturing unit. The Union con-
tends that all plant-protection employees at Plant #1, including part-
time sergeants, but excluding the chief, constitute an appropriate unit.
The duties of the plant-protection force consist of guarding the Com-
pany's property against sabotage, theft, trespassing, fire, and accident
hazards, and enforcing safety and disciplinary regulations. The force
is rotated periodically so that each patrolman in the course of time
works at every assignment in the Company's plant. The force is in
1014 DECISIONS OF NATIONAL LABOR 'RELATIONS' BOARD
charge of a chief, whom the Union' wishes fo exclude. The patrolmen
are under the direct supervision of that chief.
The Company contends that because of the nature of the duties and
responsibilities of the plant-protection. employees and because of their
relation to the Company they are a part of the management; rather:
than employees within the meaning of the Act, and that theref ore there
can.be no appropriate unit including them. We find this contention to.
be without merit. The relationship between the Company and the
patrolmen is clearly that of employer and employee. Nothing in the;
duties of the patrolmen set forth above warrants depriving them of the
rights to self-organization ,and collective bargaining guaranteed em-
ployees under the Act.' The Company's further contention, that the_
organization of these employees for collective bargaining purposes will-
lessen their efficiency because their allegiance will, be divided between
the Company and the Union is unsupported by any evidence.2
The Company further contends. that if, the Board finds the unit
alleged by the Union to be appropriate, part-time sergeants, of whom
there 'are two, should be excluded from the unit on the ground that
the work they perform includes the responsibilities of the chief, part
of the time. The Union states that although full-time supervisors are
not eligible to membership, these part-time sergeants, who belong to
the Union, are engaged in supervisory, work only part of the time, and
that during the remaining time their duties are the same as those of
the patrolmen. It appears.tha,t, on week ends. the employees , in ques-
tion act as full-time sergeants-,'taking, over the work of the chief.,
Their wage exceeds by 5 cents an hour that of the patrolmen. Under_
the circumstances, we are of the opinion that these employees are
supervisory employees and should be excluded from the unit.
We find that the plant-protection employees of the Company at,
Plant #1, Detroit, Michigan, excluding part-time sergeants and the,
chief, constitute a unit appropriate for the purposes of collective bar-
gaining, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
The parties stipulated at the hearing that if the Board finds the
unit alleged by the Union appropriate, it may certify the Union with-
out an election. However, no Regional Director's statement concern-
ing the Union's showing in support of,its representation claims was
1 We are not here concerned with the propriety of the inclusion of this group of employees
in the same bargaining unit with other employees performing different functions.
2 See Matter of Yellow Truok & Coach, Manufacturing Company and United Organization
of Plant Protection Employees, 39 N. L. R. B 14; Matter of Chrysler Corporation and
United Protective Workers of America, 36 N L R. E 593, Matter of Frigidaire Division,
General Motors Corporation and United Electrical, Radio & Machine.lVorkers of, America
(CIO), 39 N. L R: B. 1108.
BOHN ALUMINUM & BRASS CORPORATION 1015
introduced in evidence, and at the hearing the Trial Examiner made
no check of the Union's authorization cards against the Company's
pay roll. Under the circumstances, we shall direct that the question
concerning representation which has arisen be resolved by an elec-
tion by secret ballot among the employees in the appropriate unit who-
were employed during the pay-roll period immediately preceding the
date of our Direction of Election herein, subject to. the limitations and
additions set forth in said Direction. -
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 Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
Dnmc'nD that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Bohn Aluminum
& Brass Corporation, Detroit, 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 super-
visioli'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 -the
employees in the unit found appropriate in Section IV5 above, who
were employed during the, pay-roll period immediately preceding the
date of this Direction of -Election, including employees who did_ not
work during 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 employees who have since quit or
been discharged for cause, to determine whether or not they desire to
be represented by United Protective Workers of America, Local #1,
for the purposes of collective bargaining.