Detroit Steel Products Co.

National Labor Relations Board - Board Decisions

Mar 6, 1944

55 N.L.R.B. 264 (N.L.R.B. 1944)

In the Matter of DETROIT STEEL PRODUCTS COMPANY and LOCAL 351,
INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRIOUL-
TURAL IMPLEMENT WORKERS OF AMERICA (UAW-CIO)
Case No. 7-R-1679.Decided March 6, 1944
Mr. H. D. Palmer, of Detroit, Mich., for the Company.
Mr. Paul Silver, of Detroit, Mich., for the United.
Mr. William R. Roc, of Detroit, Mich., for the Teamsters.
Mr. William?, Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local 351, International Union, United
Automobile, Aircraft & Agricultural Implement Workers of America,
(UAW-CIO), herein called the, United, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Detroit Steel Products Company, Detroit, Michigan,, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Robert I. Weiner,
Trail Examiner. Said hearing was held at Detroit, Michigan, on
February 9, 1944. The Company, the United, and Local 247, Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen &
Helpers of America, AFL, herein called the Teamsters, appeared and
participated. All parties were afforded full opportunity 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. All
parties were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Detroit Steel Products Company operates 2 plants at Detroit, Michi-
gan, where it is engaged in the manufacture of automobile springs,
bridges, and hatches. During 1943, about 75 percent of the raw mate-
55 N. L. R B., No. 45.
264
DETROIT STEEL PRODUCTS COMPANY 265
rials used by the Company at its Detroit plants, totally valued at more,
than $2,000,000, came from sources outside the State of Michigan,-and
about 75 percent of the Company's finished products, totally valued
at more than $2,000,000, was shipped to points outside ,that State.
We find that the Company is engaged in commerce within the,
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS'INVOLVED
Local 351,, International Union, United Automobile, Aircraft &
Agricultural Implement Workers of America (UAW-CIO), affiliated,
with the Congress of Industrial Organizations, and Local 247, Inter-
national Brotherhood of Teamsters, Chauffeurs, Warehousemen &
Helpers of America, affiliated with the American Federation of Labor,
are labor organizations admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The'Company has .refused to grant recognition to the United as the
exclusive bargaining representative of the Company's outside truck
drivers until the United has been certified by the Company in an appro-
priate unit. The Teamsters contends that a contract it claims to have
with the Company is a bar to this proceeding.
' For about 3 years the Teamsters has been recognized orally by the
Company as the exclusive bargaining agent of the employees in the
unit we hereinafter, find appropriate. No written agreement of, any
kind has ever been executed between the Company and the Teamsters.
We have heretofore held that a collective agreement which has not
been reduced to writing and signed is not a bar to a determination of
representatives.' Accordingly we find that the present oral agreement
constitutes no bar to this proceeding.
A statement of a Board agent, introducted into evidence at the hear-
ing, indicates that the United represents a substantial number of em-
ployees in the unit hereinafter found 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 Act.
IV. THE APPROPRIATE UNIT
We find in substantial agreement with a stipulation of all the parties
that all outside truck drivers employed at the Detroit plants of the
1 See Matter of Eicor, Inc , etc, 46 N. L. R B 1035.
2 The Regional Director reported that the United submitted 3 authorization cards all of
which bore apparently genuine original signatures ; that the names of 3 persons appearing
on the cards were listed on the Company ' s pay roll of • January 12, 1944 , which contained
the names of 3 employees in the appropriate unit The Teamsters conceded that it has no
members in good standing among the employees in the appropriate unit.
266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Company, excluding all supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute a unit
appropriate-for'the purposes'of collective bargaining within the mean-
ing of Section 9 (b) of the Act. 1
F. THE DETERMINATION OF REPRESENTATIVES
We'shall' direct that the question, concerning representation which
1ias arisen be resolved by an election by secret ballot, among the'em-
ployees 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 Direc-'
ti on.
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 Rela-
tions Act, and pursuant to Article III, Section 9, of-National'Labor
Relations Board Rules ^and'Regulatioils-Series 3, it is hereby
DIRECTED that, as,part of the investigation to ascertain representa-
tives for the purposes of collective bargaining -with the Detroit Steel
Products Company, Detroit, Michigan; an election by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
clays 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, Sections 10 and 11, 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 said pay-roll period because they were ill or on vacation
or temporarily laid off, and including employees in the armed forces
of the United States who present themselves in person at the polls,
but excluding those employees who have since quit or been discharged -
for cause and have not been rehired or reinstated prior to the date of
the election, to determine whether they desire to be represented by
Local 351, International Union, United Automobile, Aircraft & Agri-
cultural Implement Workers of America (UAW-CIO), affiliated•with
the Congress of Industrial Organizations, or by Local 247; Interna-
tional•Brotherhood of Teamsters, Chauffeurs, Warehousemen & Help-
ers.of America, affiliated with the American Federation of Labor, for
the purposes of collective bargaining, or by, Iieither.
T MR. JOHN M. HousTON took•no part in the consideration of the above
Decision' and Direction, of Election.