John Wood Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Sep 5, 1941

35 N.L.R.B. 191 (N.L.R.B. 1941)

In the 'Matter of JOHN WOOD MANUFACTURING COMPANY, INC. BEN-
NETT Pumps DIVISION and LOCAL 814, INTERNATIONAL UNION,
UNITED AUTOMOBILE WORKERS OF AMERICA, C. I. O.
In the Matter of JOHN WOOD MANUFACTURING COMPANY, INC. BEN-
NETT PUMPS DIVISION awl INTERNATIONAL ASSOCIATION OF
MACHINISTS, LODGE No. 670
Cases Nos. R-7844 and R-2785.-Decided September 5, 1941
Jurisdiction : service station equipment manufacturing industry.
Investigation and Certification of Representatives : existence of question:
parties stipulated that the Company refused to accord recognition to either
union unless it was certified by the Board ; organization whose unit conten-
tions not upheld placed on ballot with permission to withdraw its name upon
request; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance -em-
ployees, toolroom and machine repairmen, truck drivers, and shipping-
department employees, excluding executives, foremen, employees wth authority
to hire or discharge, clerical employees, watchmen, time-study men, engineers,
and salaried employees; separate departmental unit comprising employees of
the toolroom and machine-repair department held inappropriate.
,Mr. Guy George Gabrielson, of New York City, and Mr. Clarence
Sessions, of Muskegon, Mich., for the Company.
Mr. Leonard Woodcock, of Muskegon, Mich., for the U. A. W.
Mr. Carl Cederquist, of Grand Rapids, Mich., for the I. A. M.
Mr. Marvin C. Wahl, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 1, 1941, Local 814, International Union, United Auto-
mobile Workers of America, C. I. 0., herein called the U. A. W., filed
with the Regional Director for the Seventh Region (Detroit, Mich-
igan) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of John Wood
35 N L R B, No. 42
191
192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Manufacturing Company, Inc. Bennett Pumps Division, Mus-
kegon Heights, Michigan, herein called the Company, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On April 4, 1941, International Association of Ma-
chinists, Lodge No. 670, herein called the I. A. M., filed a similar
petition with the Regional Director. On July 11, 1941, 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 in each case and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice, and, acting pursuant to Section 10 (c)' (2) of said
Rules and Regulations, ordered that the cases be consolidated.
On July 17, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the U. A. W.,
and the I. A. M. Pursuant to notice, a hearing was held on July
23, 1941, at Muskegon, Michigan, before Harry N. Casselman, the
Trial Examiner duly designated by the Chief Trial Examiner. The
Company, the U. A. W., and the I. A. M. were represented by counsel,
and participated in the hearing. Full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues was afforded all parties. During the course
of the hearing the Trial Examiner made rulings on motions and on
objections to the admission of evidence. The Board has reviewed
the rulings of the Trial Examiner and finds that no prejudicial
errors were committed. The rulings, except as appears below, are
hereby affirmed. On August 7, 1941, the I. A. M. filed a brief which
the Board has considered.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
John Wood Manufacturing Company, Inc. Bennett Pumps Divi-
sion, is a Delaware corporation, engaged in the manufacture and
sale of service-station equipment including Bennett gasoline pumps,
Eco tire-inflating devices, Highboy liquid' dispensing units, lubricat-
ing-oil dispensers, and grease dispensers. The Company purchases
raw and processed materials of an average value of $5,000 per month.
From January 1, 1940, to June 1, 1941, approximately 75. per cent
of these materials were purchased from sources outside the State
of Michigan. During the same period, approximately 97 per cent
JOHN WOOD MAN'UFACTUI3.ING COMPANY, INC. 193
of the finished products of the Company were shipped to consumers
outside the State of Michigan. The value of the products manufac-
tured and sold by the Company in that period was in excess of
$340,000 per month. The Company admits that it is engaged in
commerce within the meaning of the Act.
H. THE ORGANIZATIONS INVOLVED
Local 814, International Union, United Automobile Workers of
America, is a labor organization affiliated with the Congress of In-
dustrial Organizations, admitting to membership employees of the
Company.
International Association of Machinists, Lodge No. 670, is a labor
organization affiliated with the. American Federation of Labor, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that a question concerning representation
had arisen by reason of the requests of the U. A. W. and the I. A. M.
for recognition as collective bargaining representative of the Com-
pany's employees in the unit claimed appropriate by each, and the
refusal of the Company to recognize either organization unless and
until it is certified by the Board.
A statement by the Regional Director introduced at the hearing
and a statement in the record by the Trial Examiner show that the
U. A. W. and the I. A. M., respectively, represent a substantial num-
ber of employees in the units which they allege to be appropriate.,
We find that a question has arisen concerning the representation of
employees of the Company.
1 The Regional Director's statement shows that the U. A. W. submitted 143 membership-
application cards dated between February 10 and March 15, 1941, all of which bore
apparently genuine signatures of persons on the Company's June 1, 1941 , pay roll. The
I. A. M. did not submit any evidence of representation to the Regional Director , but the
Trial Examiner admitted in evidence a statement by its financial secretary which named
six employees of the Company's toolroom as members in good standing . The Trial
Examiner stated that only five of the six names appeared on the Company's July 4, 1941,
pay roll with which it was compared , but the I. A M declared that all six were employed
by the Company at the date of the hearing . An application card was also submitted in_
evidence which set forth that the signatory , an apprentice tool and die maker, desired
to be represented by the I. A. M His name also appeared on the Company's July 4, 1941,
pay roll . It further appeared that on July 4, 1941, the Company employed 343 persons
in the unit which the U. A W. claims to be appropriate and 25 or 26 in the unit
requested by the I. A., M. The U. A. W. objected to the admission in evidencee of the
aforementioned statement of the I. A. M. on the ground that it did not constitute
sufficient evidence of representation . The motion , having been referred to the Board, is
hereby denied
194 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1V. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section 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 and the U. A. W. contend that all production and
maintenance employees, toolroom employees and machine repairmen,
truck drivers, and shipping-department employees of the Company,
excluding executives, foremen, employees with authority to hire and
discharge, clerical employees, watchmen, time-study men, engineers,
and salaried employees constitute an appropriate bargaining unit.
The I. A. M. contends that all employees in the toolroom and ma-
chine-repair department engaged in any branch of the machinists'
trade or servicing machines or tools, excluding supervisory, clerical,
and engineering employees, constitute an appropriate unit, but does
not otherwise dispute the appropriateness of the unit claimed by the
Company and the U. A. W.2
The evidence shows that in 1940 the I. A. M. requested the Com-
pany to bargain with it on the basis of two units, (1) a unit com-
posed of tool, die, and maintenance employees, and (2) a unit
consisting of the remaining production employees.3 The Company
refused to acknowledge such units as appropriate and an election
was held on April 3, 1940, on the basis of an all-plant unit pursuant
to an agreement between the I. A. M. and the Company.4 The parties
2 At one point in the hearing the I. A M. urged that an appropriate unit consisted of
all tool and die makers and machine repairmen in the plant It appears that there are
some welders making their own tools in the tank department of the plant Later, how-
ever, and in its brief , the I A M contended that it represented all tool and die makers
and machine repairmen in the toolroom and machine repair department . Except for this
Inconsistent statement , It seems clear that the I. A M. desires a departmental unit rather
than one covering the tool makers and machinists throughout the plant
3A petition for investigation and certification of representatives on such a basis was
filed with the Regional Director of the Seventh Region by the I. A. M
4 At the hearing, the I. A. M . offered in evidence a letter, dated March 15, 1940, and
written prior to the afore-mentioned consent election , addressed to the Regional Director
of the Seventh Region . In that letter It was stated that while the I. A. M agreed to
vote on the plant-wide unit in order to end the delay and expedite the election, it
Insisted upon the appropriateness of the two units The letter further stated that the
1. A M abandoned its position only for the purpose of the consent election and that if
successful , it would establish two units in collective bargaining with the Company The
Trial Examiner , upon objection , refused to admit the letter in evidence but allowed it
to remain as a rejected exhibit. The ruling is hereby reversed and the letter is admitted
in evidence -
JOHN WOOD MANUFACTURING COMPANY, INC. 195
agreed to abide by the results of the election for 1 year. The I. A. M.,
the only union involved, was defeated and the petition previously
filed with the Board was dismissed.
The U. A. W. claims that the unit requested by the I. A. M. is
not appropriate because the work of the tool room and machine repair
department is integrated with and cannot be separated from the
work of the other departments. The record shows that the employees
in the toolroom and machine-repair departments have many duties
which involve production work. It also shows that many produc-
tion employees do some of their own tooling and, in some respects,
have acquired skill comparable to that of the toolroom employees.
The welders in the tank department make some of their own tools.
There appears to be considerable interchange of personnel from job
to job. In the toolroom and machine-repair department, the em-
ployees make dies and fixtures, repair and operate- machines and
punch presses, and do production work. It, was estimated by a
witness for the Company that 25 per cent of the time of the toolroom
and machine-repair employees is expended in the making of dies and
75 per cent of their time is employed in operating presses, maintenance
of tools, machinery, and fixtures, and doing production work. Ma-
chinists and production workers use the jigs and fixtures made by
the tool makers.
Under all the circumstances, we are of the opinion that the work
of the employees of the toolroom and machine-repair department is
so closely interrelated and connected with the work of the production
employees that the unit for which the I. A. M. contends does not
constitute an appropriate unit. Accordingly, we find that all pro-
duction and maintenance employees, toolroom and machine repair-
men, truck drivers, and shipping-department employees of the Com-
pany, excluding executives, foremen, employees with authority to
hire and discharge, clerical employees, watchmen, time-study men,
engineers, and salaried employees, constitute a unit appropriate for
the purposes of collective bargaining and that such unit will insure
to employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate the
policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election, by secret ballot. We
shall permit the name of the I. A. M. to appear upon the ballot
with the U. A. W. If, however, the I. A. M. desires not to appear
on the ballot, it shall notify the Regional Director to that effect
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196 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
within five (5) days after the receipt of this Decision and Direction
of Election; thereupon its name shall be omitted from the ballot.
in accordance with the desires of the parties and our usual practice,
we shall direct that those eligible to vote in the election shall be
the employees within the appropriate unit who were employed by
the Company during the pay-roll period immediately preceding the
date of the Direction of Election, subject to such limitations and
additions as are set forth in the Direction.
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 John Wood Manufacturing Company,
Inc. Bennet Pumps Division , Muskegon Heights, Michigan , within
the meaning of Section 9 (c) and Section 2 ( 6) and ( 7) of the
National Labor Relations Act.
2. All production and maintenance employees , toolroom and ma-
chine repairmen , truck drivers , and shipping -department employees
of the Company , excluding executives , - foremen, employees with au-
thority to hire and discharge , clerical 'employees , watchmen, time-
study men, engineers , and salaried employees , constitute 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 Re-
lations Act 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
bargaining with John Wood Manufacturing Company, Inc. Bennett
Pumps Division, Muskegon Heights, 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 of Election, under the
direction and supervision of the Regional Director for the Seventh•
Region, acting in this matter as agent for the National Labor Re-
lations Board, and subject to Article III, Section 9, of said Rules
and Regulations, among all production and maintenance employees
employed by the Company during the pay-roll period immediately
JOHN WOOD MANUFACT'U'RING COMPANY, INC. 197
preceding the date of this Direction of Election, including toolroom
and machine repairmen, truck drivers and shipping-department em-
ployees and 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 temporarily laid off, but excluding
executives, foremen, employees with authority to hire and discharge,
clerical employees, watchmen, time-study men, engineers, and salaried
employees, and employees who have since quit or been discharged
for cause, to determine whether they desire to be represented by Local
814, International Union, United Automobile Workers of America,
C. I. 0., or by International Association of Machinists, Lodge No.
670, for the purposes of collective bargaining, or by neither.