Lansing Drop Forge Co.

National Labor Relations Board - Board DecisionsMar 11, 1942

39 N.L.R.B. 682 (N.L.R.B. 1942)

In the Matter of LANSING DROP FORGE COMPANY and INTERNATIONAL UNION, UNITED AUTOMOBILE , AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (U. A. W.-C. I. 0.) Case No. R-3510.-Decided March 11, 1942 Jurisdiction : drop forgings manufacturing industry. Investigation and Certification of Representatives : existence of question: refusal of Company to accord union recognition until certified by the Board; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees at the Company's Lansing, Michigan, plant, excluding supervisory, office, and plant protection employees, and all employees in the die depart- ments working on dies or parts of dies used to complete forgings; agreement as to. Mr. Alva M. Cummins and Mr. Charles F. Cummins, of Lansing,, Mich., for the Company. Mr. N. L. Smokler, of Detroit, Mich., for the U. A. W. Mr. Lester M. Shearer, of Canton, Ohio, for International Die Sinkers Conference. Mr: Reynolds C. Seitz, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On December 2, 1941 , International Union , United Automobile, Aircraft and Agricultural Implement Workers of America (U. A. W.- C. I. 0.); herein called the U . A. W., filed with the Regional Director for the Seventh Region (Detroit, Michigan ) a petition alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Lansing Drop Forge Company, herein called the Company, and requesting an investigation and certification of repre- sentatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat . 449, herein called the Act. On January 19, 1942, the National Labor Relations Board, herein called the Board , acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of 39 N. L . R. B., No. 130. 682 LANSING DROP FORGD COMPANY 683 National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it, and to provide for an appropriate hearing upon due notice. On January 31, 1942, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the U. A. W. On February 2, 1942, notice of hearing was also served upon International Die Sinkers Conference, a labor organization which has a contract with the Company. On February 6, 1942, pursuant to notice, a hearing was held at Lansing, Michigan, before Jerome H. Brooks, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the U. A. W., and International, Die Sinkers Conference were represented at, and participated in the hearing. The Die Sinkers Conference appeared for the, purpose of seeking the exclusion of the employees covered by its contract with the Company from any unit which might be determined as appro- priate.' 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 several rulings on motions. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. The Trial Examiner reserved for the Board the Company's motion that the petition be dismissed on the ground that' the International Union with which the U. A. W. Js affiliated has refused to permit the em- ployees of the Company freely to bargain collectively through the U. A. W. local, since the local is obligated, both by the bylaws of the International Union and in actual practice, to negotiate only such arrangements or contracts as meet the approval of its international officers, and that such officers approve no contract which does not provide for check-off of dues and a closed shop. The Board hereby denies the motion. The question raised is a matter of internal union policy over which the Board has no jurisdiction.' The Act expressly guarantees to employees the right to collective bargaining through representatives of their own choosing and, in the election hereinafter directed, the employees of the Company will have full opportunity to accept or reject the U. A. W. and its bargaining policies. On February,23, 1942, the Company filed a brief which the Board has duly considered. I The U. A. W. does not seek to represent employees covered in the contract which the Die Sinkers Conference has with the Company. i Cf. Matter of Art Metal Construction Company and International Association of Machinists , Local 1559, affiliated with A. F. of L , 12 N. L R B, 1307; Matter of Moltrup Steel Products Company and Steel Workers Organizing Committee , Lodge No. 12OQ, 19 N. L. R. B. 471, and Matter of Westinghouse Air Brake Company and United Electrical Radio & Machine Workers of America, Local No. 610, 25 N . L. R. B. 1312. 684 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Lansing Drop Forge Company, a Michigan corporation, has its main plant and principal office at Lansing, Michigan. The Company is engaged in the manufacture of drop forgings and uses as raw materials steel, coal, and oil. During the period commencing January 1, 1941, and ending June 30, 1941, the Company purchased $435,656 worth of steel, coal, and oil, about 90 percent of it from outside the State of Michigan. During the same period the Company sold manufactured products valued at $884,707. Almost half of such sales were made to customers located outside the State of Michigan, and the remainder to concerns within the State who sell goods throughout the United States. The Company stipulated that it is engaged in commerce within the meaning of the Act. II. THE ORGANIZATIONS INVOLVED International Union, United Automobile, Aircraft and Agricultural Implement Workers of America (U. A. W.), affiliated with 'the Congress of Industrial Organizations, and International Die Sink- ers Conference are labor organizations admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The U. A. W. has made demands on the Company to be recognized as the bargaining agency for the employees of the Company within the unit hereinafter found appropriate and the Company has refused to recognize the U. A. W. until it is certified as the proper bargaining agency by the Board. A statement of the Regional Director,' introduced into evidence at the hearing, indicates that the U. A. W. represents a substantial number of the Company's employees in the unit hereinafter found appropriate. We find that a question has arisen concerning the representation of employees of the Company. 3 The statement of the Regional Director is as follows : "There are 301 names on the pay -roll list of January, 12, 1942, including men in military service and 9 laid off employees The U A. W. submitted 179 member- ship cards . The names on 157 of the cards appeared on the January 12, 1942, pay -roll list of the Company. Twenty-two of the cards have names which did not appear upon the pay-roll list. One -hundred and fifty. three of the signatures appeared genuine, and 4 were hand printed Most of the cards have dates of September , October, and November 1941 , one was dated in January 1941, and 16 were undated." LANSING ,, DROP FORGE COMPANY 685 IV. 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 parties agree, and we find, that all production and maintenance employees of the Company, at its Lansing plant, excluding supervisory, office, and plant-protection employees, and all employees in the die departments working on dies or parts of dies used to complete forg- ings,4 constitute a unit appropriate for the purposes of collective bargaining. We further find 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 will 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 the holding of an election by secret ballot. We shall direct that the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of our Direction of Election, subject to the limitations and additions set forth therein shall be eligible to vote. 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 the Lansing Drop Forge Company, Lansing, 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 of the Company, at its Lansing plant, excluding supervisory; office, and plant-protection employees, and all employees in the die departments working on dies or parts of dies used to complete forgings, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 4 International Die Sinker, Conference has jurisdiction over the employees in the die department by reason of its contract with the Company 686 DECISIONS OP NATIONAL LABOR RELATIONS BOARD 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 authorized by the Board to ascertain representatives for the purposes of collective bargaining with Lansing Drop Forge Company, Lansing, 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 Relations Board, and subject to Article III, Section 9, of•said Rules and Regulations , among all production and maintenance employees of the Company who were employed at its Lansing plant during the pay-roll period immediately preceding the date of this Direction of Election , including 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 all supervisory , office, and plant-protection employees, all employees in the die departments working on dies or parts of dies used to complete forgings; and employees who have since quit or been discharged for cause , to determine whether or not they desire to be represented by International Union, United Automobile, Aircraft and Agricultural Implement Workers of America (U. A. W.), affiliated with the C. I. 0., for the purposes of collective bargaining.