L. A. Young Spring & Wire Corp.

In the Matter of L. A. YOUNG SPRING & WIRE CORPORATION and Dis- TRICT 8, INTERNATIONAL ASSOCIATION OF MACHINISTS, AFFILIATED WITH A. F. OF L. Case No. R-5O 5. Decided April 5, 194.3 Jurisdiction : metal products manufacturing industry. Investigation and Certification of, Representatives : existence of question : re- fusal to recognize the union until certified by the Board;, election necessary. Unit Appropriate for Collective Bargaining : all employees of the company, ex- cluding executives, office employees, office clerical employees, foremen, as- sistant foremen, laboratory employees, nurses, and guards ; stipulation as to. Mr. F. S. Ferdon, of Detroit, Mich., for the Company. Mr. Edward M. La f one, of Chicago, Ill., for the Union. Mr. Joseph E. C,cbbins, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by District 8, International Association of Machinists, affiliated with the A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of L. A. Young Spring & Wire Corpora- tion, Chicago, Illinois, herein called the Company, the National Labor Relations Board provided for,an appropriate hearing upon due notice before Robert E. Dickman, Trial Examiner. Said- hearing was held at Chicabo,Illinoi's, on March 23, 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 evi- dence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY L. A. Young Spring & Wire Corporation, a Michigan corporation, . with its'generiil offices in Detroit, Michigan,'is engaged in the manu- 48 N. L. R. B., No. 111. 943 944 DE'CISION'S OF NATIONAL LABOR RELATIONS BOARD facture of various metal products, including war material and auto- motive cushion springs. The Company operates a plant in Chicago, Illinois, which is the only plant involved in this proceeding. During the 6 months preceding March 11, 1943, the Company purchased raw materials for its Chicago plant amounting to approximately $500,000, 90 percent of which was shipped to the plant from sources outside the State of Illinois. During the same period the sales of the prod- ucts of the Chicago plant were in excess of $1,000,000, 90 percent of which was delivered at the plant to the armed services. The Com- pany admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED District 8, International Association of Machinists, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The parties stipulated that on or about February 9, 1943, a repre- sentative of the Union orally requested recognition for purposes of collective bargaining, and that on or about the same date, a represent- ative of the. Company refused to recognize the Union unless and until it had been certified by the Board. On February 19, 1943, the Union filed its petition. A statement prepared by the Regional Director, introduced in evi- dence at the hearing, indicates that the Union represents a sub- stantial 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 accordance with a stipulation of the parties, that all employees of the Company at its Chicago plant, excluding executives, office employees, office clerical employees, foremen, assistant foremen, laboratory employees, nurses, and guards, constitute a unit appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 1 The Regional Director 's statement shows that the Union submitted 88 application-for- membership cards, all of which bear apparently genuine signatures , and 70 of which bear the names of persons whose names are listed on the Company's pay roll of March 7, 1943. The cards were dated as follows : 14 in December 1942; 33 in January 1943; 17 in February 1943; 5 in March 1943; and 1 undated. There are approximately 152 employees in the appropriate unit. L. A. YOUNG SPRING & WIRE CORPORATION 945 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 the em- ploy%es 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 Rela- tions Act, and pursuant to Article III, Section 9, of National Labor Relations 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 L. A. Young Spring & Wire Corporation, Chicago, Illinois, 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 Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, 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 data 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 District 8, International Association of Machinists, affiliated with the A. F. of L., for the purposes of collective bargaining.