The Mendon Co.

National Labor Relations Board - Board Decisions

Sep 29, 1943

52 N.L.R.B. 993 (N.L.R.B. 1943)

In the Matter of THE MENDON COMPANY and UNITED AUTOMOBILE
WORKERS OF AMERICA, LOCAL 817, A. F. OF L.
Case No. 7-R-15,141-Decided September 29, 1943
Miller, Des Roches & Stern, by Mr. Albert M. Stern, of Detroit,
Mich., for the Company.
Mr. Milton M. Rymal and Mr. Claude Brice, of Lansing, Mich.,
for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Automobile Workers of
America, Local 817, A. F. of L., herein called the Union , alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of The Mendon Company, Mendon, Michigan,
herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Freder-
ick P. Mett, Trial Examiner. Said hearing was held at Mendon,
Michigan, on September 10, 1943. 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 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 fol-
lowing :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Mendon Company is a Michigan corporation with its princi-
pal place of business at Mendon, Michigan, where it is engaged in
52 N. L . R. B., No. 173.
993
994 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the manufacture of ground cables, battery cables. and ignition
assemblies. The Company purchases raw materials valued in excess
of $50,000 annually from points outside the State of Michigan and
ships finished products valued in excess of $50,000 annually to points
outside the State of Michigan. The Company admits that it is
engaged in commerce within the meaning of the National Labor
Relations Act.
H. THE ORGANIZATION INVOLVED
Unifed Automobile Workers of America, Local 817, is a labor organ-
ization affiliated with the American Federation of Labor admitting
to membership employees of the Company. -
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of employees 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 employees of the Company, excluding office 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 ^ Sec-
tion 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret' ballot.
The Union urges that the pay roll of September 1, 1943, be used to
determine eligibility to vote. Inasmuch as no reason appears as to
why we should depart from our usual practice, we shall direct that
the employees eligible to vote shall be those in the appropriate unit
who-were employed-during the pay-roll period immediately preceding
1 The Regional Director reported that the Union presented 33 membership -application
cards bearing apparently genuine signatures of persons whose names appear on the Com-,
pany ' s pay roll of August 13, 1943. There are approximately 57 employees in the appro-
priate unit.
THE MENDON COMPANY 995•
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 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Mendon Com-
pany, Mendon, 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 Ar-
ticle 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, to determine-
whether or not they desire to be represented by United Automobile-
Workers of America, Local 817, affiliated with the American Federa-
tion of Labor, for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above:
Decision and Direction of Election.
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