Kenlee Corp.

National Labor Relations Board - Board DecisionsSep 27, 1943

52 N.L.R.B. 871 (N.L.R.B. 1943)

In the Matter of KENLEE CORPORATION and LOCAL 212, INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLE- MENT WORKERS OF AMERICA, UAW-CIO Case No. 7-R-1513.-Decided September 07, 1943 Mr. Joseph F. Clarke, of Detroit, Mich., for the Company. Mr. Nicholas J. Rothe, of Detroit, Mich., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition -duly filed by Local 212, International Union, United Automobile, Aircraft and Agricultural Implement Workers of Amer- ica, UAW-CIO, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Kenlee- Corporation, Highland Park, Michigan, 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, Michigan, on September 9, 1943. The Company and the Union appeared, par- ticipated, 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. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Kenlee Corporation is a Michigan corporation with its principal place of business at Highland Park, Michigan, where it is engaged in the machining and engineering of war materials for General Motors Corporation, Bendix Aviation Corporation, and Hudson Motor Car 52 N. L. R. B., No. 152. 871 871 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Company. During the first 6 months of 1943 the Company received over $100,000 for its services. The Company admits, for the purpose of this proceeding, that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Local 212, International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. F III. THE QUESTION CONCERNING REPRESENTATION r On July 6, 1943, the Union requested of the Company recognition as the exclusive bargaining representative of its employees. The Com- pany refused this request until such a time as the Union is certified by the Board. A statement of the Trial Examiner, introduced into evidence at the hearing, indicates, that the Union represents a substantial num- ber of employees in the unit hereinafter found to be 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 We find, in accordance with a stipulation of the parties, that all production and maintenance employees of the Company, including watchmen, but excluding clerical employees and all supervisory em- ployees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively rec- ommend 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 means of 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. i The Trial Examiner reported that the Union presented 28 authorization cards bearing apparently genuine signatures of persons whose names appeal on the Company's pay roll of July 1943. There are approximately 45 employees in the appropriate unit. J KENLEE CORPORATION 873 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 Kenlee Corpora- tion, Highland Park, 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 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 preced- ing 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 any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Local, 212, International Union, United Automobile, Aircraft, and Agri- cultural Implement Workers of America, affiliated with the Con- gress of Industrial Organizations, for the purposes of collective bargaining.