Southeastern Michigan Gas Co.

National Labor Relations Board - Board Decisions

Jan 13, 1953

102 N.L.R.B. 189 (N.L.R.B. 1953)

SOUTHEASTERN MICHIGAN GAS COMPANY 189
protection, and to refrain from any or all of such activities, except to the
extent that such right may be affected by an agreement requiring member-
ship in a labor organization as a condition of employment as authorized in
Section 8 (a) (3) of the Act.
WE WILL bargain collectively, upon request, with LOCAL 602, UNITED BRICK
AND CLAY WORKERS OF AMERICA, AFL, as the exclusive representative of all
our employees in the following bargaining unit, and if an understanding is
reached we will embody Such understanding in a signed contract. The
bargaining unit is :
All production and maintenance employees at the Perla, Arkansas,
plant, including miners, but excluding clerical and office employees,
watchmen, guards, and supervisory employees as defined in the Act.
WE WILL offer, upon application, to all employees who went on strike on
May 8, 1950, full reinstatement to their former or substantially equivalent
positions, without prejudice to their seniority and other rights and privileges,
and make them whole for any loss of pay they may suffer as a result of
our refusal to reinstate them after such application.
ACME BRICK COMPANY,
Employer.
By ---------------------------
(Representative) (Title)
Dated--------------------
This notice must remain posted for 60 days from the date hereof, and must not
be altered, defaced, or covered by any other material.
SOUTHEASTERN MICHIGAN GAS COMPANY and LOCAL UNION No. 339,
INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WARE-
HOUSEMEN & HELPERS OF AMERICA, AFL, PETITIONER. Case No.
7-RC-1967. January 13, 1953
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Iris H. Meyer, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.' As to those rulings, we note
particularly that the Petitioner objects to the hearing officer's grant
of intervention to Utility Workers Union of America, CIO, alleging
that the Intervenor has made no showing of interest. The Inter-
venor holds a certification of representatives issued to it on October
26, 1951 (a year and a day prior to the filing of the petition herein).
We find, therefore, in accord with the hearing officer, that it has suffi-
cient interest in the proceeding to allow its intervention.
% We discount , as without merit, the objection of Utility Workers Union of America,
CIO (hereinafter called Intervenor), to the hearing officer's rejection of the Intervenor's
offer of evidence of unfair labor practices alleged to have been committed by the Employer.
Worden-Allen Company, et al., 99 NLRB 4101.
102 NLRB No. 18.
190 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-mem-
ber panel [Chairman Herzog and Members Murdock and Peterson].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act 2
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks a unit consisting of all the Employer's op-
erating, maintenance, installation, and repair employees, excluding
office and clerical employees, meter readers, plant guards, and super-
visors as defined in the Act. The Employer agrees that such a unit
is appropriate. The parties are in disagreement, however, as to
whether certain part-time and temporary-seasonal employees should
be included in the unit.
The record discloses that the part-time employees do the same type
of work as the permanent employees and regularly work more than
32 hours per week. Therefore, we include in the unit, and find eligible
to vote, all regular part-time employees .3
The seasonal employees work during 4 to 6 of the warm-weather
months of each year. In hiring these employees, the Employer given
priority to those who worked during the previous season and a sub-
stantial number of such employees return to work each year. Ac-
cordingly, we shall include them in the unit.'
We find that all operating, maintenance, installation, and repair
employees, including regular part-time employees and temporary-
seasonal employees, at the Employer's Marysville, Michigan, plant
and at all other facilities of the Employer in the State of Michigan,
but excluding office and clerical employees, meter readers, plant
guards, and supervisors as defined in the Act, constitute a unit appro-
priate for the purpose of collective bargaining within the meaning
of Section 9 (b) of the Act.
5. Although we often order that an election, in which seasonal em-
ployees participate, be held at a time such employees are actually
working, in this case we shall direct an immediate election because the
2 The Employer contends that it is not engaged in commerce within the meaning of the
Act. In Southeastern Mtch4gan Gas Company, 7-RC-14'1 9, September 18, 1951 (not
reported in printed volumes of Board Decisions), the Board found the Employer was-
engaged in commerce . The Employer admits, and the record otherwise discloses , that its
operations have not changed since that time. (therefore upon the basis of the commerce
findings in the said prior Decision and the record facts In the instant case, we reject the
Employer 's contention.
• Cutter Laboratories , 98 NLRB 414.
4 San Joaquin Compress and Warehouse Company, 95 NLRB 279.
WILSON & CO., INC. 191
seasonal employees comprise only 10 to 15 percent of the unit and the
permanent employees are unquestionably a representative group of
the employees in the unit. In view of their reasonable expectation of
reemployment, we shall permit those seasonal employees who were
employed at the end of the last working season to participate in the
election herein.5
[Text of Direction of Election omitted from publication in this
volume.]
`Ibid.
WILSON & CO., INC. and LOCAL No. 3, UNITED PACKINGHOUSE WORK-
ERS OF AMERICA, C. I. 0., PETITIONER . Case No. 18-RC-1670.
January 13, 1953
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Max Rotenberg, hear-
ing officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-mem
ber panel [Chairman Herzog and Members Styles and Peterson].
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks a unit of the Employer's time-and-cost clerks,
stock clerks, and scalers at its Cedar Rapids, Iowa, plant, excluding the
chief clerk, the assistant chief clerk, and divisional clerks. The Peti-
tioner urges that the clerks it desires to exclude from the unit are super-
visors. The Employer contends that the duties of the employees in the
Petitioner's proposed unit give them access to confidential information,
and therefore they should not be represented for purposes of collective
bargaining by the same labor organization that represents the Em-
ployer's production and maintenance employees In the alternative,
'The Petitioner and the Employer are parties : to a contract covering the Employer's
production and maintenance ; employees. This contract excludes . the,employe'es=involved In
the instant case.
102 NLRB No. 10.