R. C. Mahon Co.

In the Matter of R. C . MAHON COMPANY and UNITED STEELWORKERS . OF AMERICA, AFFILIATED WITH THE-C. I. O. Case No. R-5164.-Decided April 26, 1943 Beaumont, Smith and Harris , by Mr. Albert E. Meder, of Detroit, Mich., for the Company. Messrs. Thomas Shane and William J. Fagan, of Detroit, Mich., for the Union. Miss Viola James, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed' by United Steelworkers of America, affili- ated with the Congress of Industrial Organizations, herein called the Union,, alleging that a question affecting commerce had arisen con- cerning the representation of employees of R. C. Mahon Company, Detroit, Michigan, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Charles E. Persons, Trial Examiner. Said hearing was held at Detroit, Michigan, on April 12, 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, are free from prejudicial error and are hereby affirmed. The Company filed a brief on April 17, 1943, which the Board has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY R. C. Mahon Company is a Michigan corporation with its plant and offices located at 8650 Mt. Elliott, Detroit, Michigan. The Company is engaged in the fabrication and manufacture of structural steel and 49 N. L. R. B., No. 19. 142 R. C. MAHON COMPAXY 1 143 ` sheet metal equipment. The products manufactured at the present time consist of the,building of sheet metal turrets for the•Navy, and the fab- ricating of core baking ovens and finishing systems used by the aircraft industry for baking, spraying, and drying of core molds for magnesium and aluminum castings. During 1942 the Company used raw materials consisting principally of steel and lumber valued at between $3,000,000 and $4,000,000, over 50 percent of which represented shipments from points outside the State of Michigan. During the same period more than 50 percent of the finished products was shipped outside the State of Michigan. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Steelworkers of America, affiliated with the Congress of In- dustrial Organizations, is a labor organization admitting to member- ship employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about March 1, 1943, the Union by letter requested recognition as the exclusive `representative of the Company's employees. The Company did not reply. The Union subsequently made several un-, successful attempts to contact the president of the Company for bar- gaining conferences. - The Company takes the position that no election should be directed until at least 1 year has elapsed from the date of a consent election conducted by the Regional Director among the Company's employees on September 18, 1942.1 The record discloses that the Union has secured authorization cards from\a majority of the Company's em- ployees in the unit which the parties agree is appropriate, a substantial' number of which cards bear dates subsequent to the September elec- tion.2' In view of this fact, and as there is no presently certified bar- i Of 505 votes cast, 224 were for the Union and 268 against the Union . Upon these results , the petition was dismissed . The, unit was substantially the some as the unit agreed upon by the parties herein 2 The Regional Director reported that the Union submitted 378 authorization cards, all bearing apparently genuine original signatures ; 354 cards bore the names of persons on the Company 's pay roll of March 15, 1943, which listed 569 persons in the agreed unit; 121 cards bore no date ; the remainder, except 2, bore dates subsequent to September 1942. The Company objected to the admission into evidence of the Regional Diiector 's state- ment concerning claims of authorization , contending that the statements therein are hearsay and that the signatures on the cards were not compared with the actual signatures of the employees. The Regional Director's statement is an administrative requirement to aid the Board in determining whether or not the petitioner has made a prima facie showing sufficient to warrant an election As the present proceeding is not a certification upon the record, we find no merit in the Company 's objection . We have heretofore found no merit in similar objections . See Matter of Atlas Powder Company, Zapon Division and Local 12083, National Council of Gas, Coke R Chemscal Workers , 43 N. L. R. B. 757. 144 D'EICISIONS OF NATTONAL LABOR RE'L'ATIONS BOARD gaining agent for the Company's employees, we find that the purposes of the Act can best be effectuated by the direction of an election herein.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 In accordance with the stipulation of the parties, we find that all- hourly rated employees of the Company at its plant at 8650 Mt. Elliott, Detroit, Michigan, excluding truck driversi field employees, super' intendents, foremen, watchmen , draftsmen and all office and salaried employees and clerks , 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 The Company urges that employees in the armed forces, number- ing about 103, be afforded an opportunity to vote, presumably by mail if not available to cast a ballot in person. The Unioi, has no objection to such employees voting. Since December 1941, we have discon- tinued mail balloting for employees in the armed forces because our ,experience had shown not only that the completion of elections was delayed by difficulties in locating men in military service, but that returns were relatively small4 The Company argues no difficulties would be experienced in this case in determining the location of the men because it maintains up-to-date addresses of employees in the services. While we recognize that such employees have an interest in the selection of a bargaining representative, we are not persuaded that we should in this case depart from our policy with respect to mail balloting. Accordingly, we shall not provide for mail balloting for employees in the armed forces, but such of them as appear in person at the polls will be eligible to vote, in accordance with our usual practice. - We shall direct that the question concerning representation which has arisen be resolved by ar, election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tion herein, subject to the limitations and additions set forth in the Direction. See Matter of Ford A. Smith, Blanche F. Smith ,and Williatn ,C. Shanks, Partners Doing Business as Smith Cabinet Manufacturing, Company and United Brotherhood of Carpenters & Joiners, Local No. 1699 (AFL), 38 N. L. R B. 957; and Matter of Chrysler Corporation and International Union, United Automobile , Aircraft & Agricultural Implement Workers of America, -affiliated with the C. I. 0 , 37 N. L. R. B. 877. 4 See Matter of Wilson & Go, Inc. and Packinghouse Workers Organizing Committee, Local No.,20, affiliated with the 0.7. 0., 37 N. L. R. B 944 R. C. MAHON COMPANY DIRECTION OF ELECTION 145 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 R. C. Mahon Com- pany, Detroit, Michigan, an election by secret ballot shall be conducted as early as possible, but not dater 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 suj ject to Article III, Sec- tion 10, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed dur- ing the pay-roll period immediately preceding the date of this Direc- tion, 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 employees who have since quit or been discharged for cause, to deter' mine whether or not they desire to be represented by United Steel- workers of America, affiliated with the Congress of Industrial Organ- izations, for the purposes of collective bargaining.