Interlock Metal Units, Inc.

National Labor Relations Board - Board Decisions

Mar 13, 1944

55 N.L.R.B. 453 (N.L.R.B. 1944)

In the Matter Of INTERLOCK METAL -UNITS, INC. and UNITED MECHAN-
ICS, LoCAL 150, I. F. L. W. U.-C. I. O.
Case No. °-R-4433.-Decided March 13, 19444
Mr. Francis J. Gilbride, Jr., of Brooklyn, N. Y., for the Company.
Leider, Witt c Cammer, by Mr. Harold I. Cammer, and Mr. Abra-
ham Levin, of New York City, for the Mechanics.
Ashe cC Rifkin, by Mr. George Rifkin, of New York City, for the
Metal Workers.
Mr. Armin Uhler, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Mechanics, Local 150, I. F. L.
W. U.,' affiliated with the Congress of Industrial Organizations, herein
called the Mechanics, alleging that a question affecting commerce had
arisen concerning the representation of employees of Interlock Metal
Units, Inc., New York City, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Jack Davis, Trial Examiner. Said hearing was held at
New York City, on January 24, 1944. The Company, the Mechanics,
and Sheet Metal Workers International Association, Local 137,
A. F. L., herein called the Metal Workers, appeared, participated, and
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
opportunity to file briefs with the Board.
'In the petition the union is erroneously designated as United Mechanics , Local 150,
I. F. & L. U. U.
55 N. L . R. B., No. 86.
453
454 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Interlock Metal Units, Inc., is a New York corporation with its
principal office in New York City. The Company operates a plant
at Brooklyn, New York, where it is engaged in the fabrication of
metal and manufacture of equipment for the United States army
and Navy. During the past year the Company used raw materials,
principally steel, valued at more than $250,000, in excess of 3,; percent
of which was shipped to its Brooklyn plant from outside the State
of New York. During the same period the Company manufactured
products the value of which exceeded $500,000 and more than 66 per-
cent of which was shipped to points outside the State of New York.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Mechanics, Local 150, International Fur, Leather Workers
Union, affiliated with the Congress of Industrial Organizations, and
Sheet Metal Workers International Association, Local 137, affiliated
with the American Federation of Labor, are labor organizations ad-
mitting to membership employees of the Company.
IH. THE QUESTION CONCERNING REPRESENTATION
On or about December 1, 1943, the Mechanics requested recognition
as the exclusive representative of the Company's production and main-
tenance employees. The Company refused to grant such recognition
because of the conflicting representation claims of the Metal Workers
and concurrent claims of Independent Metal Workers Union 2
The Metal Workers takes the position that the present proceeding
is barred by a contract allegedly existing between it and the Company.
The contract relied upon was executed by the parties on May 1, 1943,
and was to be effective until October 31, 1943. The agreement (Article
IX) provided that thereafter it should continue in force from year
to year unless notice of termination was given by either party at least
ninety days prior to the annual automatic renewal date.3
2 Although Independent Metal Workers Union was served with Notice of Hearing, the or-
ganization did not participate and did not assert any claims in the present proceeding.
'The contractual relations between the Company and the Metal workers originated in
1937, with the execution of a 1-year contract containing provisions for its termination or
automatic renewal identical with those of Article IX of the contract of May 1, 1943. A
renewal contract was executed by the parties in January 1939, but was apparently intended
to cover the 1-year period from November 1, 1938, to October 31, 1939. This agreement, by
INTERLOCK METAL UNITS, INC. 455
The record shows that on or about July 29, 1943, the Company and
the Metal Workers, referring to Article IX of the agreement, signi-
fied their respective intentions to terminate the agreement. The Com-
pany at the hearing took the position that the contract terminated on
October 31, 1943, and the record unmistakably shows that subsequent
to that date both parties considered the- agreement at an end. No
negotiations took place and no new agreement was entered into by
the parties after that date. It is, therefore, clear that the Metal
Workers' contention is without merit and that there is no contractual
obstacle to a present determination of representatives. The parties
stipulated that the Mechanics and the Metal Workers have a sufficient
interest in this proceeding, and a statement of the Regional Director,
introduced in evidence, shows that both represent substantial numbers
of employees in the unit hereinafter found appropriate.4
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 parties are in agreement concerning the appropriateness of the
unit alleged in the petition and we find no reason for departing from
the wishes of the parties. We find that all production and maintenance
employees of the Company, including employees performing outside
work on board ship, but excluding office employees, executives, and
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 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 em-
virtue of its automatic renewal clause, continued in force until October 31 , 1942. Certain
changes in the terms of the agreement which were desired at the time were then negotiated
Although the resulting agreement was not executed until May 1, 1943, it was made to expire
on October 31, 1943, apparently for the purpose of preserving the annual expiration date
established in the original contract.
4 The Regional Director reported that the Mechanics submitted 52 membership application
cards, 51 of which bore the apparently genuine original signatures of employees whose names
appear on the Company's pay roll of December 17, 1943 ; that said pay roll contained the
names of 54 employees in the appropriate unit ; and that 49 of the cards were dated between
November .30 and December 3, 1943, 2 cards being undated
The Regional Director also reported that according to the dues records of the Metal
workers, 16 of the employees named on the Company's December 17, 1943, pay roll were
dues-paying members in good standing with the organization ; that 11 employees on said pay
roll were members in good standing until their suspension between October 1 and Decem-
ber 1, 1943, and that 5 employees on said pay roll had paid to the organization initiation
fees either in full or in part.
456 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
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 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Interlock Metal
Units, Inc., New York City, an election by secret ballot shall be con-
ducted 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 Second Region, acting in this matter as agent
for the National Labor Relations Board, and subject to Article III, Sec-
tions 10 and 11, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed 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 United Me-
chanics, Local 150, I. F. L. W. U., affiliated with the Congress of
Industrial Organizations, or by Sheet Metal Workers International
Association, Local 137, affiliated with the American Federation of
Labor, for the purposes of collective bargaining, or by neither.