Thorrez & Maes Manufacturing Co.

In the Matter of THORBLZ & MASS MANUFACTURING COMPANY and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, C. I. O. Case No. R-3572.-Decided March 11, 1942 Jurisdiction : metal parts manufacturing industry. Investigation and Certification of Representatives : existence of question: refusal of Company to accord union recognition; striking employees and employees hired during strike although not presently employed, who retain their place on a seniority list set up pursuant to a settlement agreement, considered as tempo- rarily laid-off employees and held eligible to vote; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees and truck drivers, including set-up men and group leaders, but excluding supervisory, clerical, and office employees, plant-protection men, draftsmen, and nurses; agreement as to. Rosenbury, Painter, Kelly 'cQ Cristy, by Mr. J. Adrian Rosenburg and Mr. Milton L. Davidson, of Jackson, Mich. for the Company. Maurice Sugar, by Mr. Jack N. Tucker, of-Detroit, Mich., for the U. A. W.-C. I. O. Mr. James P. Graham, of Jackson, Mich., for the Independent. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On January 6, 1942, International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, herein called the UAW-CIO, filed with the Regional Director for the Seventh Region (Detroit, Michigan) a petition 'alleging that a question affect- ing commerce had arisen, concerning the representation of employees of Thorrez & Maes Manufacturing Company, Jackson, Michigan, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the Na- tional Labor Relations Act, 49 Stat. 449, herein called the Act. On February 10, 1942, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article 111, 39 N. L. R. B., No. 132. 693 694 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Section 3, of National Labor Relations Board Rules and Regula- tions-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 February 10, 1942, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the UAW-CIO. Pursuant to notice, a hearing was held on February 19, 23, and '24, 1942, at Jackson, Michigan, before Harry Casselman, the Trial Examiner duly designated by the Chief Trial Examiner. At the commencement of -the hearing the Trial Examiner granted a motion of Employees Independent Benefit Association, Inc., herein called the Independent, to intervene. The Company, the UAW-CIO, and the Independent were represented and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner granted a motion of the UAW-CIO to amend its petition as to formal matters, and made several rulings on other motions and on objections to the ad- mission of evidence. The Board has reviewed all these rulings and finds that no prejudicial errors were committed. The rulings are hereby affirmed. - Upon the entire record in the case, the Board makes the following . FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Thorrez & Maes Manufacturing Company is engaged in the manu- facture of metal parts at Jackson , Michigan . During the 12-month period preceding February 19, 1942, the Company purchased raw materials valued at about $880,000, approximately 80 percent of which was shipped to it from points outside the State of Michigan. During the same period the Company sold finished products valued at about $2,400 ,000, approximately 63 percent of which was shipped by it to points outside the State of Michigan. II. THE ORGANIZATIONS INVOLVED International Union, United Automobile,' Aircraft and Agricultural Implement Workers of America, is a labor organization affiliated with the Congress of Industrial Organizations. It admits to membership employees of the Company. Employees Independent Benefit Association, Inc., is an unaffiliated labor organization, admitting to membership employees of the Company. THORREZ & MAES MANUFACTURING COMPANY III. THE QUESTION CONCERNING REPRESENTATION 695 In December 1941, the UAW-CIO, claiming to represent a, majority of the employees, requested the Company to recognize it,as the ex- clusive representative of the employees. The Company denied this request. A statement of the Trial Examiner,, read into the-record during the hearing, shows that the UAW-CIO and the Independent each represents a substantial number of employees in the alleged appropriate unit.' We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT All the parties agreed, and we find, that all production and mainte- nance employees and truck drivers of the Company, including set-up men and group leaders, but excluding supervisory, clerical, and office employees, plant-protection men, draftsmen, and nurses, constitute a unit appropriate for the purposes of collective bargaining. We further find that such unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise will effectuate the purposes of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. On February 6, 1942, a group of employees ceased work in protest against allegedly discriminatory discharges on the part, of the Com- pany. The stoppage lasted for 3 days. However, the Company hired new employees during such time and the plant operated throughout the entire period. The stoppage was settled by an agreement of all i The Trial Examiner stated that the UAW-CIO presented 309 membership application cards bearing the signatures of persons whose names appear on the Company pay roll of February 15,1942 He further stated that the ,Independent presented 122 membership application cards bearing the signatures of persons who appear on the February 15, 1942, pay roll There are approximately 600 employees in the alleged appropriate unit. 696 DECISIONS OF NATIONAL LABOR RELATIONS BOARD parties, which provided , among other things, that " employees placed upon the pay roll since February 6, 1942, shall be temporarily laid off immediately and their names placed at the bottom of the seniority list, except that workers who filled new skilled jobs not previously filled by other employees may be retained on the pay roll ." The agreement further provided that " all employees on the pay roll as of 1 A. M., Febru- ary 6, 1942 , shall be recalled to work they can perform with proficiency, as fast as such work is available, in the order of seniority among those not now working." The UAW-CIO requests that a pay roll prior to February 6, 1942, be used to determine eligibility to vote, thus exclud- ing all employees hired since that date . The Company urges that a current pay roll be used for this purpose , excluding strikers not yet returned to work, but including employees hired during the strike and not now working. The Independent requests that a current pay roll be used in determining eligibility to vote, excluding all strikers not now working and employees not now working who were hired to re- place strikers . It appears from the settlement agreement that all employees hired during the strike and not now working , and strikers not yet recalled to work, retain their place on a seniority list and therefore have reasonable expectancy of a return to work. Under these circumstances, we find that all employees of the seniority list set up pursuant to the settlement agreement are entitled to participate in the election as employees who have been temporarily laid off. We shall direct that the employees of the Company eligible to vote in the election shall be those within the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, including employees on the seniority list, but 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. A question affecting commerce has arisen concerning the repre- sentation of employees of Thorrez & Maes Manufacturing Company, Jackson, Michigan, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production and maintenance employees and truck drivers of the Company, including set-up men and group leaders, but exclud- ing supervisory, clerical, and office employees, plant-protection men, 'draftsmen, and nurses, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. THORREZ & MAES MANUFACTURING COMPANY 697 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 Rela- tions Act, 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 ordered by the Board to ascertain representatives for the purposes of collective bargaining with Thorrez & Maes Manufacturing Company, Jackson, 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 Rela- tions Board , and subject to Article III, Section 9, of said Rules and Regulations , among all production and maintenance employees and truck drivers of the Company who were employed during the pay- roll period immediately preceding the date of this Direction , includ- ing set-up men, group leaders, and 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,' but excluding supervisory , clerical, and office employees, plant-protection men, draftsmen , nurses, and employees who have since quit or been discharged for cause , to determine whether they desire to be represented by International Union, United Automobile, Aircraft and Agricultural Implement Workers of Amer- ica, affiliated with the Congress of Industrial Organizations, or by Employees Independent Benefit Association, Inc., for the , purposes of collective bargaining, or by neither. MR. WM. M. LEISERSON took no part in the consideration of the above Decision and Direction of Election. 2 See Section VI, supra. In the Matter of THORREZ & MAES MANUFACTFIIRING COMPANY and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRI- CULTURALIMPLEMENT WORKERS OF AMERICA, C. I. O. Case No. R-3572 AMENDMENT TO DIRECTION OF ELECTION March 28, 1942 On March 11, 1942, the National Labor Relations Board issued a Decision and Direction of Election in this proceeding,' directing that an election by secret ballot be conducted under the direction and super- vision of the Regional Director for the Seventh Region (Detroit, Michigan) ; among specified employees of the Thorrez & Maes Manu- facturing Company, herein called the Company, who were employed during the pay-roll period immediately preceding the date of the Direction. The Regional Director has notified the Board that con- venience in conducting the election will be served if eligibility to vote is determined by reference to the Company's pay-roll for February 15, 1942, a copy of which was put in evidence at the hearing, and has recommended that the Board amend its Direction of Election accord- ingly. No reason appearing why the Regional Director's recommen- dation should not be adopted, the Board's Direction of Election of March 11, 1942, is hereby amended by striking therefrom the words "who were employed during the pay-roll period immediately preced- ing the date of this Direction" and substituting therefor the words "who were employed during the pay-roll period ending February 15, 1942." 1 39 N. L R. B. 693 39 N L. R B., No. 132a 698