C & W Tool & Engineering Co.

National Labor Relations Board - Board Decisions

Nov 18, 1942

45 N.L.R.B. 672 (N.L.R.B. 1942)

In the Matter of C & W TOOL & ENGINEERING COMPANY and INTERNA-
TIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA, UAW-CIO
Case No. R-41-1,t,39.-Decided November 18, 1912
Jurisdiction : metal cutting tools manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to recognize petitioner until certified by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all employees of the Company,
excluding supervisors , office employees, timekeepers, and time study employees.
Mr. Chester A. Cahn, of Detroit, Mich., for the Company.
Mr. Ernest Goodman and Mr. Maurice Sugar, of Detroit, Mich.,
for the Union.
Mr. Joseph E. Gubbins, 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 and Agricultural Implement Workers of America,
affiliated with the C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of C & W Tool & Engineering Company, Detroit, Michi-
gan, herein called the Company,1 the National Labor Relations Board
provided for an appropriate hearing upon due notice before Max
Rotenberg, Trial Examiner. Said hearing was held at Detroit,
Michigan, on October 26, 1942. The Company and the Union ap-
peared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing upon the issues. The Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
' Incorrectly designated in the petition and other formal papers as C & W Tool &
Magineering Corp. The correct name was substituted by amendment at the hearing,
without objection
45 N. L. R. B., No. 100.
672
C & W -TOOL & ENGINEERING COMPANY 673
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
C & W Tool & Engineering Company is a partnership with its,
principal office and plant at Detroit, Michigan. The Company is
engaged in the engineering, designing, and manufacture of high
speed perishable metal, cutting tools. During the period from Janu-
ary 1, 1942, through June 30, 1942,_ the Company purchased coin-
modities, goods,, and, raw materials valued in excess of $39,000, of
which approximately 60 percent originated in places outside the
State of Michigan. During the same period the Company sold
products valued in excess of $186,000, approximately 33 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 Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting em-
ployees of the Company to membership.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that a question concerning representation,
has arisen because of the Company's refusal to grant exclusive bar-
gaining rights to the Union unless and until the Union is certified
by the Board. •
A statement of the Regional Director, introduced in evidence at the
hearing, indicates the Union represents a substantial number of
employees in the unit hereinafter found to be appropriate.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 National Labor
Relations Act.
2 The Regional Director ' s statement shows that the Union submitted 62 authorization
and application cards , of which 52 bear apparently genuine original signatures which
are the names of persons whose names are on the Company's pay roll of September 17,
1942. The cards were dated as follows : 2 in August 1942; 47 in September 1942; and
3 undated . There ` are about 66 employees in the appropriate unit.
493508-43-vol. 45-43
674 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
The parties agree, and we find, that all employees of the Com-
pany, excluding supervisors, office employees, timekeepers, and time-
study employees, constitute a unit appropriate for the purpose 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.
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 parties agreed that persons not as yet reemployed
following a strike on October' 21, 1942, should be eligible to vote.
We shall so provide.
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 Re-
lations Act, and pursuant to Article III, Section 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purpose of collective bargaining with C & W Tool &
Engineering Company, 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-
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, 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 such pay-roll period because they were ill or on va-
cation or in the active military service or 'training of the United
States, or temporarily laid off, or not as yet reemployed since the
strike of October 21, 1942, but excluding employees who have since
quit or been discharged for cause, to determinewhether or not they
desire to be represented by International Union, United Automobile,
Aircraft and Agricultural Implement Workers of America, affiliated
with the C. I. 0., for the purposes of collective bargaining.