United Brass and Aluminum Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 11, 1946

66 N.L.R.B. 579 (N.L.R.B. 1946)

In the Matter of UNITED BRASS AND ALUMINUM MANUFACTURING
COMPANY and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT
AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW-CIO)
Case No. 7-R--f3014 .----Decided March 11, 1946
Mr. Emmett E. Eagan, of Detroit, Mich., for the Company.
Messrs. Maurice Sugar, Jack N. Tucker, and Harry Aubender, of
Detroit, Mich., for the C. I. O.
Messrs. Kenneth Wells and Ira Lupow, of Flint, Mich., for the
A. F. of L.
Mr. Harry R. Ehrlich, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union, United Auto-
mobile, Aircraft; and Agricultural Implement Workers of America
(UAW-CIO), herein called the C. I. 0., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of United Brass and Aluminum Manufacturing Company,
herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Meyer
D. Stein, Trial Examiner. The hearing was held at Detroit, Michi-
gan, on January 31, 1946. The Company, the C. I. 0., and the
International Union, United Automobile Workers of America, Local
628, A. F. of L., herein called the A. F. of L., appeared and partici-
pated. All parties 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 following :
66 N. L . R. B., No. 77.
579
580 DECISIONS OF NATIONAL LALOIt RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
United Brass and Aluminum Manufacturing Company is a Michi-
gan corporation with its only plant and executive offices located
at Port Huron, Michigan. The approximate annual value of raw
materials used by the Company is $275,000, of which approximately
20 percent is shipped to it from points outside the State of Michigan.
The approximate annual value of the manufactured products is
$1,500,000, of which approximately 3 percent is shipped 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 ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America, is a labor organization,
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
International Union, United Automobile Workers of America,
Local 628, is a labor organization, affiliated with the American
Federation of Labor, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 30, 1942, the Company and the A. F. of L. entered into
a written agreement effective May 10, 1942, which provided that it
should remain in effect until either party gave 30 days' notice in
writing to modify or amend it. On April 5,1945, the C. L O. notified
the Company by letter that it represented a majority of its employees,
and on April 9, 1945, filed its petition herein, On April 17, 1945,
the Company notified the A. F. of L. by letter that it elected to
terminate the contract. On November 23, 1945, the Company and
the A. F. of L. entered into a new, signed agreement. The A. F. of
L. contends that the contract constitutes a bar to this proceeding.
Inasmuch as the contract of April 30, 1942, is one of indefinite
duration, it constitutes no bar to a present determination of repre-
sentatives;' furthermore the contract of November 23, 1945, was
executed after the Company had been notified of the C. I. O.'s request
1 See Matter of E. I. Du Pont (Grasseli Division) and Lead Burners L. U. No. 596,
United Association, AFL, 65 N. L R. B. 390.
UNITED BRASS AND ALUMINUM MANUFACTURING COMPANY S81
for recognition. We find that it also cannot operate as a bar to the
present proceeding.2
A statement of a Board agent, introduced into evidence at the
hearing, indicates that C. I. O. represents a substantial number of
employees in the unit hereinafter found appropriate.3
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, substantially in accord with the stipulation of the parties,
that all employees of the Company, excluding general office employees
and plant protection employees, superintendents, assistant superin-
tendents, department foremen, and all or any other supervisory em-
ployees 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 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 an election by secret ballot among 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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
See Matter of Escor, Inc , 46 N. L. R. B. 1035.
The Field Examiner reported that the C. I O. submitted 78 cards, bearing the
names of 63 employees listed on the Company 's pay roll of June 27 , 1945. There
are approximately 204 employees in the appropriate unit The A F. of L relied on
its contract to establish its interest in the proceeding.
The A. F. of L. offered a photostatic copy of a list of names , purported to be signed
by certain employees of the Company , revoking authority for the C. I O. to repre-
sent them, which was rejected by the Trial Examiner. See Matter of American Stove
Company, 54 N. L. R. B . 756, wherein we stated , "we believe that the determination
of the representation issue thus raised can best be resolved by the election which we
shall hereinafter direct." See also Matter of Monsanto Chemical Company, 63 N. L. It. B.
789; Matter of John Hancock Mutual Life Insurance Company, 62 N. L. R. B. 240,
and Matter of Sunset Motor Lines , 59 N. L R B 1435.
582 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Relations Board Rules and Regulations-Series. 3, as amended,, it, is
hereby
DIRECTED ; that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with United Brass
and Aluminum Manufacturing Company, Port Huron, 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,
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 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 those em-
ploypes who have since quit or been discharged for, cause and have
not ben rehired or reinstated prior to the date of the election, to de-
termine whether they desire to be represented by International Union,
United Automobile, Aircraft and Agricultural Implement Workers
of America, affiliated with the Congress of Industrial Organizations,
or by International Union, United Automobile Workers of America,
Local 628,, affiliated with the American Federation of Labor, ^ for
the purposes of collective bargaining, or by neither.