Knott & Garllus

National Labor Relations Board - Board Decisions

Sep 25, 1942

44 N.L.R.B. 477 (N.L.R.B. 1942)

In the Matter of FRANK W. KNOTT AND ROBERT S. WISOK, n/B/A
KNOTT & GARLLUS and WEST SIDE LOCAL 174, INTERNATIONAL UNION,
UNITED' AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA (C. I. 0.)
Case No. R-4193.Decided September 05,19V
Jurisdiction : munition parts manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord petitioner 'recognition ; -consent election lost by petitioner,
conducted less than a year from the filing of petition, held no bar, notwith-
standing alleged restrictive provision in oral agreement which Board found
was against public policy ; election necessary.
Unit Appropriate for Collective Bargaining : all hourly rated employees, includ-
ing named individuals, but excluding watchmen and office and supervisory
employees ; stipulation as to.
Mr. Robert S. Wisok, of Detroit, Mich., for the Company.
Mr. N. L. Smokier, of Detroit, Mich., for the Union.
Mr. Harry Cooper, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by West,Side Local 174, Inter-
national Union, United Automobile, Aircraft and Agricultural Im-
plement Workers of America (C. I. 0.), herein called the Union,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Frank W. Knott and Robert S.
Wisok, doing business as Knott & Garilus, Detroit, Michigan, herein
called the Comjany, 'the National Labor Relations Board provided
for an appropriate hearing upon due notice before Jerome H. Brooks,
Trial Examiner. Said hearing was held at,Detroit, Michigan, on
August 24, 1942. The Company and the Union appeared, partici-
pated, 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.
The Company filed a brief which the Board has considered..
Upon the entire'.record in-the case, ,the Board makes the following :
44 N. L. R. B., No. 83.
477
478 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Frank W. Knott and Robert S. Wisok , doing business as Knott &
Garllus , is an unincorporated partnership , having its principal office
and only plant at Detroit , Michigan, ' where it is engaged in,the manu-
facture of parts for machine guns and tanks under contract with
Kelsey Hayes Wheel Company , Detroit, Michigan . During the period
January 1 , 1941, to January 1 , 1942, all the raw materials used by the
Company were supplied to it by Kelsey Hayes Wheel Company, and,
more than $40 ,000 worth of such materials was delivered to the Com-
pany from outside the State of Michigan . During the same period the
dollar value of the Company 's sales , all of which were to Kelsey Hayes
Wheel Company , was in excess of $40 ,000. The products sold consisted
of niaterials used by the latter-named company in the manufacture of
munitions'sold to the United States Government.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
West Side Local 174, International Union, United AAutomobile, Air-
craft and Agricultural Implement" Workers of America, is a labor
organization affiliated with the Congress of Industrial Organizations
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 6 or 7, 1942, the Company, the Union, and a. representative
of the Board entered into a formal consent election agreement.'
to the consent election agreement, an election took place on
.April 20, 1942, and the Union lost. The testimony is in conflict as to
whether the Company and the Union orally agreed that if the Union
lost the consent election no further election would be held for a year.
The consent election agreement, as written, contains no such restrictive
provision.
On or about June 20, 1942, the,Union requested exclusive recognition
of the Company, and the Company refused such recognition, on the
ground that the Union had lost the election of April 20. On July 25
and 29; 1942, respectively, the Union filed its petition and amended
petition lieiein.
'At the time of the agreement the Umon submitted to the Board's 'representative 39
authorization" cards, 34'of which bore signatures of persons on the Company's pay roll
which contained 83 names
KNO11 & GARLLUS 479•
A statement of the Regional Director concerning claims of repre-
sentation, which was introduced in evidence at the hearing, shows that
the Union now represents a substantial number of employees in the
appropriate unit.2
The Company contends that no determination of representatives
should be made at this time because of the alleged oral agreement at
the conference prior to the consent election, and because the Union has
only recently demonstrated its lack of majority by said election. This
contention is without merit. Assuming that the Company and the
Union entered into the oral agreement, we could give no effect to it,
for such agreement would be contrary to the policy of encouraging the
practice and procedure of collective bargaining, enunciated in the Act.3
As no collective bargaining representative of the employees was
chosen as a result of the consent election, and in view of the fact that
apparently a majority of the Company's employees in the appropriate
unit have since indicated a desire for representation by the Union,
we believe that,the.policies of the Act will best be effectuated by pro-
ceeding with a determination of representatives at this time 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. TIIE APPROPRIATE UNIT
We find , in accordance with a stipulation of the parties , that all
hourly rated employees of the Company, including Bernt Garllus and
Samuel Lourraine , but excluding watchmen and office and supervisory
employees, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the Act.5
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
2The R-gionpl Duectoi' s statement concerning claims shows the following 57 authori-
zation cards, all dated in June 1942, were presented to the Regional nn ector: 5$ of these
cards bear apparently genuine original signatures, on 1 of these cards the "signature" is
liandpnnted, on 3 of the cards the signatuies appear upon the obverse of the cards but
not upon t1.e icverse in the space marked "Applicant's signature" The signatures on 45
of the cards, including the above-mentioned 3 are the names of persons on the Company's
pay-roll list of 83 dated April 9, 1942
5 See Section 1 of the Act.
4Cf Matte of Southport Peti0lcum Company of Deloiune and Oil TPoikeis Interna-
tional Union, Local 4'r9, 39 N L R B 257 , Matter of Detroit Nat Company and Local riir,
United Au+omr,b le. Aircraft and Agricultural Implement Walkers of America, C I. 0.,
39 N L R B 739, and Matter of Automatic Products Company and International Union,
United Automob,le Woihers of Amer,ca, Local 736 (APL), 40 N L R B 941
5 The par ties 'also agreed, and we find, that Harry Haug is to b e excluded from the unit
as a supervisory employee
480 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Relations
Act, and pursuant to Article III, Section 8, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Frank W. Knott and Robert S. Wisok, doing business as Knott &
Garllus, Detroit, Michigan, 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 Seventh Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Section 9, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed by the Company during the pay-roll period immediately pre-
ceding the date of this Direction, including any such employees who
did not work during said 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 any who have since quit
or been discharged for cause, to determine whether or not they desire
to be represented by West Side Local 174, International Union, United
Automobile, Aircraft and Agricultural Implement Workers of Amer-
ica (C. I. 0.), for the purposes of collective bargaining.
MR. Wm. M. LEIsERSON'took no part in the consideration of the
above Decision and Direction of Election.