Shore Products Co.

National Labor Relations Board - Board Decisions

Mar 11, 1944

55 N.L.R.B. 431 (N.L.R.B. 1944)

In the Matter of SHORE PRODUCTS COMPANY and LOCAL 351, INTERNA-
TIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA, C. 1. 0.
Case No. 7-R-1687.Decided March 11, 1944
Mr. Albert M. Stern, of Detroit, Mich., for the Company.
Mr. Paul Silver, of Detroit, Mich., for the Union.
Mr. Louis Colcin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 351, International Union, United
Automobile, Aircraft and Agricultural Implements Workers of
America, C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Shore Products Company, Detroit, Michigan, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Sylvester J. Pheney, Trial
Examiner . Said hearing was held at Detroit, Michigan, on February
17, 1944. The Company and the Union appeared, participated, 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 preju-
dicial error and are hereby affirmed. All parties were afforded op-
portunity 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
Shore Products Company operates a plant at St. Clair Shores,
Michigan, where it is engaged in the assembling of wire harnesses.
All materials used by the Company are shipped to it from Essex Wire
Company, Highland Park, Michigan. After the materials have been
55 N. L. R B, No. 80.
431
432 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
assembled they are returned to the Essex Wire Company. The Essex
Wire Company ships all of the harnesses to the Ford Motor Company
in the State of Michigan. The latter incorporates the harnesses in
airplanes which it produces for commerce, pursuant to contracts with
the United States War Department? About 75 percent of the raw
materials used by the Company is shipped to the Essex Wire Company
from points outside the State of Michigan. The Company sells prod-
ucts valued in excess of $50,000 annually.
On these facts we find, contrary to the contention of the Company,
that its operations affect commerce within the meaning of the Act .2
II. THE ORGANIZATION INVOLVED
Local 351, 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.
III. THE QUESTION CONCERNING REPRESENTATION
During January 1944, the Union requested of the Company recog-
nition as the exclusive bargaining representative of certain of its
employees. The Company refused this request until such time as the
Union is certified by the Board.
A statement of the Trial Examiner, read into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees 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 substantial agreement with a stipulation of the parties,
that all production and maintenance employees at the St. Clair Shores
plant of the Company, including plant clerks, but excluding office
and clerical employees, plant-protection employees, and all super-
visory employees with authority to hire, promote, discharge, disci-
pline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, constitute a unit appropriate for the
i See Newport News Shptibutildtng and D, ydock Co. v. N. L. R B., 101 P. (2d) 841
(C. C. A. 4).
2 See Matter of New Market Steel Company, 54 N. L R B go; Matter of Crown Cork d
Seal Company, Inc, 53 N L. R B 741
2 The Trial Examiner reported that the Union presented 83 authorization cards bearing
apparently genuine signatures. There are approximately 90 employees in the appropriate
unit.
SHORE PRODUCTS COMPANY 433
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 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 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Shore Products
Company, 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, 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 preceding 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 and have not
been rehired or reinstated prior to the date of the election, to deter-
mine whether or not they desire to be represented by Local 351,
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America, affiliated with the Congress of In-
dustrial Organizations, for the purposes of collective bargaining.
Mr JOEIN M. HOUSTON took no part in the consideration of the
above Decision and Direction of Election.
5731 29-44-vol. 55-29