Hamilton Machine Co.

National Labor Relations Board - Board Decisions

Sep 21, 1943

52 N.L.R.B. 786 (N.L.R.B. 1943)

In the Matter of JAMES H. WITHERS , EARL I . HEENAN, HAROLD GUY
AND E . J. SMITH, D/B/A HAMILTON MACHINE COMPANY and LOCAL
157, INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND
AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW-CIO)
Case No. R-5858.-Decided September 21,1943
Messrs. James H. Withers and Royal E. Thompson, rof Detroit,
Mich., for the Company.
Messrs. Jack N. Tucker and Maurice Sugar, of Detroit, Mich., for
the UAW-CIO.
Messrs. Charles E. Wright and Russel Siver, of Detroit, Mich.,
for the I. A. M.
Miss Olive N. Barton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 157, International Union, United
Automobile, Aircraft and Agricultural Implement Workers of
America (UAW-CIO), herein called the UAW-CIO, alleging that a
question affecting commerce had arisen concerning the representation
of employees of James H. Withers, Earl I. Heenan , Harold Guy
and E. J. Smith, d/b/a Hamilton Machine Company, Detroit, Michi-
,gan, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Frank
L. Danello, Trial Examiner . Said hearing was held at Detroit, Michi-
gan, on August 9 and 20, 1943. The Company, the UAW-CIO, and
International Association of Machinists Lodge 1361, herein called
the I. A. M., appeared, participated, and were afforded full opportunity
to be heard, to examine and cross- examine witnesses , and to introduce
evidence bearing on the issues. At the hearing the UAW-CIO moved
to dismiss the I. A. M.'s motion to intervene on the grounds that:
(1) the contract between the I. A. Al. and the Company was termi-
nable on 30 days' notice and (2) the I. A. M. failed to show by mem-
bership cards that it had a substantial interest in this proceeding.
52 N. L. R. B, No. 138.
786
HAMILTON MACHINE COMPANY 787
The motion was overruled. The Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded 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
James H. Withers, Earl I. Heenan, Harold Guy and E. J. Smith,
partners doing business as the Hamilton Machine Company in De-
troit, Michigan, are engaged under a subcontract with the United
States Rubber Company, Detroit, Michigan, in the sole operation of
machining end connectors, used in army tanks for the United States
Government. From January 1 to July 1, 1943, the Company each
month machined approximately 30,000 pieces, worth approximately
$1.05 each. The Company purchases no raw materials, but all ma-
terials upon which it works are furnished to^ it by the United States
Rubber Company.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Local 157, International Union, United Automobile, Aircraft and
Agricultural Implement Workers of America, is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, admit-
ting to membership employees of the Company.
International Association of Machinists, Lodge 1361, is an unaffil-
iated labor organization, admitting to membership certain employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about June 24, 1943, the UAW-CIO, claiming to represent
a majority of the employees of the Company, requested recognition as
the exclusive collective bargaining representative of such employees.
The Company refused on the ground that it was operating under a
contract with the I. A. M.
The contract between the Company and the I. A. M., dated May
4, 1943, provides that it is effective until amended or superseded,
subject to 30 days' written notice by either party. Since the contract
is terminable on 30 days' notice, it is not a bar to a present determina-
tion of representatives.
I
549875-44-vol 52-51
788 DECISIONS OF' NATIONAL LABOR RELATIONS BOARD
A statement of the Regional Director, introduced in evidence at
the hearing, indicates that' the UAW-CIO represents a substantial
number of employees within the unit herein found appropriate.'
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
In substantial agreement with a stipulation of the parties, we find
that all production and maintenance employees at the Company's
Detroit plant, excluding clerical employees and all supervisory
employees having 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 pur-
poses of collective bargaining within the meaning of Section 9 (b)
of the Act.2
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.
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 Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with James H. Withers,
Earl I. Heenan, Harold Guy and E. J. Smith, d/bj a Hamilton
Machine 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
1 The Regional Director reported that the UAW-CIO submitted 29 authorization cards
hearing apparently genuine original signatures and all corresponding with names on the
Company 's pay roll of July 7, 1943, which pay roll contained the names of 42 persons In
the alleged appropriate unit; all 29 of the cards were dated in June 1943.
The I A. M. relies upon its contract as establishing its interest.
2 This is substantially the same unit as provided for in the contract mentioned above.
HAMILTON MACHINE COMPANY 789
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immedi-
ately 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, to determine whether they desire to be
represented by Local 157, International Union, United Automobile,
Aircraft and Agricultural Implement Workers of America (UAW-
CIO), or by International Association of Machinists, Lodge 1361,
for the purposes of collective bargaining, or by neither.