Knape and Vogt Manufacturing Co.

National Labor Relations Board - Board Decisions

Jan 5, 1946

65 N.L.R.B. 200 (N.L.R.B. 1946)

In the Matter Of KNAPE AND VOGT MANUFACTURING Co. and INTERNA-
TIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA (UAW-CIO)
Case No. 7-R-2044.-Decided January 5, 1946
Messrs. Stephen F. Dunn and Joseph T. Knape, both of Grand Rap-
ids, Mich., for the Company.
Mr. David R. Sherwood , of Grand Rapids, Mich., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union, United Auto-
mobile, Aircraft and Agricultural Implement Workers of America,
(UAW-CIO), herein called the Union, alleging that a question af-
fecting commerce had arisen concerning the representation of employ-
ees of Knape and Vogt Manufacturing Co., Grand Rapids, Michigan,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Meyer D.
Stein, Trial Examiner. The hearing was held at Grand Rapids, Mich-
igan, on September 5, 1945. The Company and the Union appeared
and participated. All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence 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
Knape and Vogt Manufacturing Co., a Michigan corporation with
its principal office and place of business in Grand Rapids, Michigan, is
engaged in the manufacture of airplane webs, gun clips, plates, shelf-
65 N. L . R. B., No. 41.
200
KNAPE AND VOGT MANUFACTURING CO. 201
brackets and show case fixtures. During the year 1944, the Company
purchased materials, supplies, and equipment valued in excess of
$452,000, of which approximately 25 percent was shipped from points
outside the State of Michigan. During the same period, the Company
manufactured and sold finished products valued in excess of $1,200,000,
of which approximately 50 percent was shipped to points outside the
State of Michigan. The current business operations of the Company
are substantially the same as for the year 1944.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement-of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter 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
Substantially in accordance with the agreement of the parties at
the hearing, we find that all production and maintenance employees of
the Company at its Grand Rapids, Michigan, plant, excluding all
office, clerical, and sales employees, 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.
41
I A Field Examiner reported that the Union submitted 28 application cards bearing the
names of employees listed on the Company's pay roll of June 27, 1945.
There are between 75 and 90 employees in the appropriate unit.
202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 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.
There is pending before the Board a proceeding against the Com-
pany upon charges alleging unfair labor practices, including, inter
alia, the alleged discriminatory discharge of certain employees of
the Company.2 The Union, however, desiring an early election, has
formally waived the right to protest an election in this proceeding on
any grounds set forth in the unfair labor practice case. Accordingly,
we shall not postpone the election pending a determination of the un-
fair labor practice charges. In the event that the Company is found
hereafter to have engaged in unfair labor practices in discharging
employees named in the charges, or any amendment thereof, and the
Board orders their reinstatement, their continuing employee status
will have been established. We shall, therefore, in accordance with
our usual practice in this respect, permit employees named in the
charges, or any amendment thereof, to-cast their ballots in the elec-
tion; their ballots, however, shall be segregated and we shall defer
ruling as to their validity.3
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 Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Knape and Vogt
Manufacturing Co., Grand Rapids, Michigan, an election by secret
ballot shall be conducted as early as possible, but not later than sixty
(60) 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 Regula-
tions, among 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 vaca-
Case No. 7-C-1400.
See Matter of Burton-Dixie Corporation, 48 N. L. A. B. 543.
KNAPE AND VOGT MANUFACTURING CO. 203
tion 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 dis-
charged for cause and have not been rehired or reinstated prior to the
date of the election, to determine whether or not they desire to be rep-
resented by International Union, United Automobile, Aircraft and
Agricultural Implement Workers of America (UAW-CIO), for the
purposes of collective bargaining.
0