Detroit Nut Co.

National Labor Relations Board - Board Decisions

Mar 12, 1942

39 N.L.R.B. 739 (N.L.R.B. 1942)

In the Matter of DETROIT NUT COMPANY and LOCAL 174, UNITED
AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA, C. I. O.
Case No. R-357.3.-Decided March 12, 194.
Jurisdiction : nut manufacturing industry.
Investigation and Certification of Representatives : existence of question. stipu-
lated ; consent election conducted eight months prior to present decision in
which no representative was selected, held not to constitute a bar to a present
determination of representatives ; election necessary.
Unit Appropriate for Collective Bargaining : all hourly paid production and
maintenance employees, including set-up men and excluding executives, fore-
men, office and clerical employees, and guards ; stipulation as to.
Mr. Vincent P. Davey, of Detroit, Mich., for' the Company.
Mr. George Schewe, of Detroit, Mich., for the Union.
Mr. Fred A. Dewey, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 6, 1942, Local 174, United Automobile, Aircraft &
Agricultural Implement Workers of America, 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
the Detroit Nut Company, Detroit, Michigan, herein called the Com-
pany, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On February 17, 1942, 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 Regulations-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.
39 N. L. R. B., No. 140
739
740 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On February 17, 1942, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
upon the Union. Thereafter, the Company, the Union and the
Regional Director entered into two stipulations by virtue of which
the.parties expressly waived hearing and notice thereof as provided
for in Section 9 (c) of the Act and agreed to submit the case for
decision of the Board on the record as stipulated. Pursuant to
stipulation, both parties thereafter filed briefs which have been
considered by the Board.
Upon the entire record in the case, the Board makes the following,:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Company is a Michigan corporation. It is engaged in the
manufacture and sale of steel, brass, and bronze nuts. During the
year 1941, the Company purchased approximately $300,000 worth of
raw materials of which approximately 40 to 45 percent were imported
from points outside the State of Michigan to its plant in Detroit.
During the same year, sales of the Company's finished products
amounted to approximately $614,567 approximately 30 to 35 percent
of such sales were delivered to consumers outside the State of
Michigan.
II. THE ORGANIZATION INVOLVED
Local 174 , United Automobile , Aircraft & Agricultural Implement
Workers of America, affiliated with the Congress of Industrial Or-
ganizations , is a labor organization within the meaning of Section
2 (5) of the National Labor Relations Act.
III. THE QUESTION CONCERNING REPRESENTATION
The Company, the Union, and the Regional Director stipulated
that a question of representation affecting commerce has arisen in
that the Union has requested that the Company recognize it as
the exclusive bargaining agent of certain of the Company's em-
ployees at its Detroit plant; and that the Company has refused so
to recognize the Union until and unless it has been certified by the
Board as the representative of a majority of the Company's employees
in an appropriate unit.
From the statement of the Regional Director concerning claims of
authorization for the purpose of representation, stipulated as a part
of the record, it appears that the Union represents a substantial
DETROIT NUT COMPANY 741
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, occurring
in connection with the operations of the Company, described in Sec-
tion 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, the Union, and the Regional Director have stipu-
lated, and we find, that all hourly paid production and maintenance
employees of the Detroit plant of the Company, including set-up
men, but excluding executives, foremen, office and clerical employees,
and guards, constitute a unit appropriate for the purposes of collec-
tive bargaining. We further find that said unit will insure to em-
ployees of the Company the full benefit of their right to self -organi-
zation and to collective bargaining and will otherwise effectuate the
policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
Pursuant to an agreement between the Company and the- Union
a consent election was conducted on July 11, 1941, under the direction
of the Regional Director. In that election 48 votes were cast, 24
for and 24 against the Union. It is contended by the Company that
a second election should not be held within a year after this consent
election. Almost 8 months have elapsed since the consent election.
The record discloses that the Union has authorization cards bearing
apparently genuine signatures of a majority of the Company's em-
ployees in the appropriate unit. All of these cards are dated sub-
sequent to the election of July 11, 1941. Since no collective bargain-
ing representative was chosen as a result of that election, and in
view of the fact that a majority of the Company's employees in
the appropriate unit have indicated since that election a desire for
representation by the Union, we believe that the policies of the Act
1 There are approximately 52 employees in the appropriate unit The Union submitted
40 authorization cards, 20 being dated in November or December 1941, and. 20 in January
or February 1942, 39 of which appear to the Regional Director to bear genuine original
signatures , one being unsigned Thirty-two of the 39 signatures which appear to be
genuine are the names of persons whose names were on the Company's pay, roll for the
week ending January 31, 1942.
742 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
will best be effectuated by conducting an election on • the present
petition.'
We find that the question which has arisen concerning representa-
tion can best be resolved by, and we shall accordingly direct, an
election by secret ballot. The employees in the appropriate" unit
whose names appear on the Company 's 'pay roll for the'week ending
January 31 , 1942, subject to the limitations and additions set forth
in the Direction , shall be eligible to vote in the election.'
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 the Detroit Nut Company, Detroit, Michi-
gan, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All hourly paid production and maintenance employees of the
Detroit plant of the Company, including set-up men, but excluding
executives, foremen, office and clerical employees, and guards, con-
stitute 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 RRela-
tions Act, 49 Stat. 449, 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 bar-
gaining with Detroit Nut 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 supervision of the Regional Director for the Seventh
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules'and
2 See Matter of New York Central Iron Works, Hagerstown , Maryland, and International
Assootation of Bridge, Structural and Ornamental Iron Workers Shopmen' s. Local #603,
37 N L R. B 894; Matter of Chrysler Corporation and International Union, United
Automobile, Aircraft t Agricultural Implement TVor7,e,s of America, affiliated with the
C. I. 0, 37 N. L R. B . 877; Matter of Lehigh Portland Cement Company and United
Cement, Lime and Gypsum Workers, Local 104, affiliated with the American Federation of
Labor, 38 N. L. R. B. 308
3 The pay-roll date and the appropriate unit with inclusions and exclusions are stipulated.
DETROIT NUT COMPANY 743
Regulations, among all hourly paid production and maintenance em-
ployees of the Detroit plant of the Company, who were employed
during the pay-roll period for the week ending January 31, 1942,
including set-up men, and those 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 who
were then or have since been temporarily laid off, but excluding
executives, foremen, office and clerical employees, guards, and those
who have since quit or been discharged for cause, to determine
whether or not they desire to be represented for the purposes of
collective bargaining by Local 174, United Automobile, Aircraft, &
Agricultural Implement Workers of America, C. I. 0.