Knight Plating Co.

In the Matter of W. B. KNIGHT D/B/A KNIGHT PLATING COMPANY AND W. B. KNIGHT AND B. J. RINEHART, D/B/A R-K-MACHINE & TOOL COMPANY and UNITED AUTOMOBILE, AIRCRAFT AND AGRICUL- TURAL IMPLEMENT WORKERS OF AMERICA, LOCAL 835, AFFILIATED WITH THE CIO Case No. R-3438.-Decided February 04, 1942 Jurisdiction: metal parts plating and processing industry. Investigation and Certification of Representatives : existence of question: re- fusal to recognize petitioning union ; contract for more than two years with rival union no bar, where it has run for more than a year and where ma- jority status of rival union at time of execution of contract, doubtful; elec- tions necessary. Unit Appropriate for Collective Bargaining : separate units: (1) all production and maintenance employees- of Knight Plating Company, excluding clerical and supervisory employees; (2) all production and maintenance employees of R-K-Machine & Tool Company, excluding clerical and supervisory em- ployees ; agreement as to. Mr. Frederick R. Bolton, of Detroit, Mich., for the Companies. Mr. Maurice Sugar and Mr. N. L. Smokier, of Detroit, Mich., for the U. A. W. Mr. Carl Kroviak, of Detroit, Mich., for the Metal Polishers. Mr. Max E. Halpern, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On November 12, 1941, United Automobile, Aircraft and Agricul- tural Implement Workers of America, Local 835, affiliated with the Congress of Industrial Organizations, herein called the U. A. W., filed with the Regional Director for the Seventh Region (Detroit, Michigan) a petition, and on December 1, 1941, an amended peti- tion, alleging that a question affecting commerce had arisen concern- ing the representation of employees of W. B. Knight d/b/a/ Knight Plating Company and W. B. Knight and B. J. Rinehart, d/b/a/ R-K- 39 N. L. R. B., No. 27. 148 KNIGHT PLATING COMPANY 149 Machine & Tool Company, Detroit, Michigan, herein called the Companies, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On December 22, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of 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 December 27, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Companies, the U. A. W., and upon Metal Polishers, Buffers, Platers and Helpers, International Union, Local No. 1 of Detroit, Michigan, affiliated with the 'American Federation of Labor, herein called the Metal Polish- ers. Pursuant to notice, a hearing was held on January 6, 1942, at Detroit, Michigan, before Jerome H. Brooks, the Trial Examiner duly designated by the Chief Trial Examiner. The Companies, the U. A. W., and the Metal Polishers were represented by counsel and participated in the hearing. Full opportunity to be heard, to ex- amine and cross-examine witnesses, and to introduce evidence bear- ing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made various rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no preju- dicial errors were committed. The rulings are hereby affirmed. The U. A. W. filed a brief which the Board has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANIES Knight Plating Company is an unincorporated business solely owned and operated by W. B. Knight, having its principal office and only plant in Detroit, Michigan, where it is engaged in the plating of metal parts. Over 95 percent of all the raw materials used by Knight Plating Company originate in places outside the State of Michigan, although such raw materials are purchased from local dealers. Approximately 90 percent of the parts to be plated by it are shipped to it from points outside the State. During the first 6 months of 1941 the total sales of Knight Plating Company were approximately $60,000, about 20 percent of which were made to cus- tomers outside the State of Michigan; all or almost all the remaining 150 DECISIONS OF NATIONAL LABOR RELATIONS BOARD sales were made to automobile manufacturers within the State of Michigan. Knight Plating Company employs about 25 persons. R-K-Machine & Tool Company is an unincorporated business owned by W. B. Knight and B. J. Rinehart, as partners, having its place of business and only plant in Detroit, Michigan, where it is engaged in the processing of parts for pumps used in airplane motors and other parts of airplanes. It receives materials for processing from the Detroit Gear and Machine Division of the Borg-Warner Company, approximately 90 percent of which are received from companies located outside the State of Michigan. All the parts processed by R-K-Machine & Tool Company are shipped to the Detroit Gear and Machine Division of the Borg-Warner Company and are placed in pumps which are, in turn, sent to airplane com- panies located outside the State of Michigan. From August 1 to December 1, 1941, the total purchases of R-K-Machine & Tool Com- pany amounted to approximately $6,000, and the total sales amounted to approximately $8,500. It employs about 15 persons. The Companies admit that they are engaged in commerce within the meaning of the Act. II. THE ORGANIZATIONS INVOLVED United Automobile, Aircraft and Agricultural Implement Work- ers- of America, Local 835, is a labor organization affiliated with the Congress of Industrial Organizations. It admits to membership employees of the Companies. Metal Polishers, Buffers, Platers and Helpers International Union, Local No. 1 of Detroit, Michigan, is a labor organization affiliated with the American Federation of Labor. It admits to membership employees of the Companies. - III. THE QUESTIONS CONCERNING REPRESENTATION The parties stipulated that questions concerning representation have arisen in that the U. A. W. has requested and the Companies are withholding exclusive bargaining rights until the U . A. W. is certified by the Board.' A statement of the Regional Director introduced in evidence and documents submitted by the U. A. W. at the hearing show that the I The Companies introduced into evidence an exclusive bargaining contract between Knight Plating Company and the Metal Polishers, without stating their purpose in so doing Clearly, the contract does not constitute any bar with respect to the employees of R-K-Machine & Tool Company. We find also that the contract does not constitute a bar with respect to the employees of Knight Plating Company because the Metal Polishers does not claim and it does not appear that it had a majority when the contract was executed , and the contract is for a 21/2 year term of which some 16 months have run. KNIGHT PLATING COMPANY 151 U. A. W. has substantial representation among the employees of both Companies in the units hereinafter found to be appropriate.2 We find that questions' have arisen concerning the representation of employees of the Companies. IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON COMMERCE We find that the questions concerning representation which have arisen, occurring in connection with the operations of the Companies described in Section I above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNITS The parties agree and we find that (1) all production and mainte- nance employees of Knight Plating Company, excluding clerical and supervisory employees ; and (2) all production and maintenance employees of R-K-Machine & Tool Company, excluding clerical and supervisory employees , constitute units appropriate for the purposes "of collective bargaining . We find further that said units will insure to employees of the Companies the full benefit of their right to self- organization and to collective bargaining and will otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the questions concerning representation which have arisen can best be resolved by, and we shall, accordingly, direct, separate elections by secret ballot among the employees of Knight 'The Regional Director 's statement shows that the U. A. W. submitted 17 authorization cards of employees of Knight Plating Company ; 8 of these are dated between 'September and November 1941, and 9 are undated ; the U. A W. submitted 4 authorization cards of employees of R-K-Machine & Tool Company ; 2 of these are dated in November 1941 and 2 are undated ; signatures , apparently genuine, were affixed to all these cards except one, which was hand-printed , and all bear the names of persons appearing on the Knight Plating Company's pay roll of November 15, 1941, and the R-K-Machine & Tool Company's pay roll of December 1, 1941. At the hearing the II A. W. introduced in evidence 40 authorization cards; 34 bear signatures and 3, hand-printed names of employees of Knight Plating Company . Of these 37 -cards, 19 are dated between September 18, 1941, and January 6 , 1942, and 18 are undated; 3 bear signatures of employees of R-K-Machine & Tool Company and are dated November 22, 1941. Petitions signed by all these employees , disclaiming membership in the Metal Polishers , were also introduced in evidence. The parties stipulated that as of the date of the hearing 40 employees were employed by Knight Plating Company and the R-K-Machine & Tool Company. Knight affirmed that 25 of these were employed by Knight Plating Company and 15 by R-K-Machine & Tool Company. The U. A. W. expressed no objection to the Metal Polishers appearing on the ballots in the elections hereinafter directed. 152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Plating Company and R-K-Machine & Tool Company within the respective appropriate units, who were employed during the pay-roll period immediately preceding the Direction of Elections herein, subject to the limitations and additions set forth in the Direction. 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. Questions affecting commerce have arisen concerning the rep- resentation of employees of Knight Plating Company and R-K-Ma- chine & Tool Company, Detroit, 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 Knight Plating Company, excluding clerical and supervisory employees, and all production and maintenance employees of R-K-Machine & Tool Company, excluding' clerical and supervisory employees, constitute units appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. DIRECTION OF ELECTIONS 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, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations 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 Knight Plating Company and R-K-Machine & Tool Company, Detroit, Michigan, elections 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, Sec- tion 9, of said Rules and Regulations, among: (1) all production and maintenance employees of Knight Plating Company, employed during the pay-roll period immediately preceding the date of this Direction, 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, and excluding clerical and- supervisory employees and em- ployees who have since quit or been discharged for cause, to determine whether they desire to be represented by United Automobile, Air- KNIGHT PLATING COMPANY 153 craft and Agricultural Implement Workers of America, Local 835, affiliated with the Congress of Industrial Organizations, or by Metal Polishers, Buffers, Platers and Helpers, International Union Local No. 1 of Detroit, Michigan, affiliated with the American Fed- eration of Labor, for the purposes of collective bargaining, or by neither; and (2) all production and maintenance employees of,R-K- Machine & Tool Company, employed during the pay-roll period immediately preceding the date of this Direction, including em- ployees 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, and excluding clerical and supervisory employees and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by United Automobile, Aircraft and' Agricultural Im- plement Workers of America, Local 835, affiliated with the Congress of Industrial Organizations, or by Metal Polishers, Buffers, Platers and Helpers, International Union, Local No. 1 of Detroit, Michigan, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither. CHAIRMAN MiLLIs took no part in the consideration of the above Decision-and Direction of Election. In the Matter of W. B. KNIGHT D/B/A KNIGHT PLATING COMPANY AND W. B. KNIGHT AND B . J. RINEHART, D/B/A R-K-MACHINE & TOOL COMPANY and UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, LOCAL 835, A i-LTATED wrrH THE C. 1. 0. Case No. R-3438 CERTIFICATION OF REPRESENTATIVES March 31, 194J On February 24, 1942, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled proceeding.' Pursuant to the Direction of Elections, elections by secret ballot were conducted on March 11, 1942, under the direction and supervision of the Regional Director for the Seventh Region (Detroit, Michigan). On March 14, 1942, the Regional Di-\, rector, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. As to the balloting and the results thereof, the Regional Director reported as follows : (1) KNIGHT PLATING COMPANY Total on eligibility list______________________________________ 37 Total ballots cast_ __________________________________________ 36 Total ballots challenged _____________________________________ 1 Total blank ballots - ----------------------------------------- 1 Total void ballots__________________________________________ 2 Total valid votes cast____________ -------------------------- ----------- 32 Votes cast for United Automobile, Aircraft and Agricultural , Implement Workers of America, Local 835, C. I. O___________ 32 Votes cast for Metal Polishers, Buffers, Platers and Helpers, Int'l Union, Local No. 1 of Detroit, Michigan , A. F L________ 0 Votes cast for Neither______________________________________ 0 1 39 N L R B. 148. 39 N. L H. B., No. 27a. 154 KNIGHT PLATING 'COMPANY 155 (2) R-K-MACHINE & TOOL COMPANY Total on eligibility list__ ____________________________________ 11 Total ballots cast------------------------------------------ 11 Total ballots challenged__ _________________________ 0 Total blank ballots----------------------------------------- 0 Total void ballots___________________________________________ 0 Total ' valid votes cast_ ______________________________________ 11 Votes cast for United Automobile, Aircraft and Agricultural Implement Workers of America, Local 835, C. I. O________-__ Votes cast for Metal Polishers, Buffers, Platers and Helpers, Int'l Union, Local No. 1 of Detroit, Michigan, A. F L------- 1 Votes cast for Neither-------------------------------------- 3 By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that United Automobile, Aircraft and Agri- cultural Implement Workers of America, Local 835, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of all production and maintenance employees of Knight Plating Company, Detroit, Michigan, excluding clerical and supervisory employees, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, United Automobile, Aircraft and Agricultural Implement Workers of America, Local 835, affiliated with the Congress of Indus- trial Organizations, is the exclusive representative of all such em- ployees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of em- ployment; and TT IS FURTHER CERTIFIED that Urhted Automobile, Aircraft and Agri- cultural Implement Workers of America, Local 835, affiliated with the Congress of Industrial Organizations. has been designated and selected by a majority of all production and maintenance employees of R-K-Machine & Tool Company, Detroit, Michigan, excluding clerical and supervisory employees, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, United Automobile, Aircraft and Agricultural Implement Workers of America, Local 835, affiliated with,the Congress of Indus- trial Organizations, is the exclusive representative of all such em- ployees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employ- ment.