The William J. Burns International Detective Agency

In the Matter of W.' SHERMAN BURNS, RAYMOND J. BURNS, ASHLEY JOHN BURNS] AND WILLIAM J. BURNS, CO-PARTNERS, DOING BUSINESS UNDER THE FORM, NAME AND STYLE OF THE WILLIAM J.fj' BURNS INTERNATIONAL DETECTIVE AGENCY and INTERNATIONAL 'UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTRAL IMPLEMENT WORKER'S OF AMERICA, CIO, LOCAL 258 Case No. R-.5094.-Decided May, 33, 1943 Mr. E. L. Patterson, of Detroit, Mich., for the Company. Mr. Chester Eckart, of Jackson, Mich., for Local 258. Mr. David V. Easton, of counsel to the Board. . DECISION AND / DIRECTION OF ELECTION STATEMENT OF THE CASE Upon amended petition duly filed by International Union, United Automobile, Aircraft and Agricultural Implement Workers of Amer- ica, CIO, Local 258, herein called Local 258, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of W. Sherman Burns, Raymond J. Burns, Ashley John Burns, and William J. Burns, co-partners, doing business under the form, name, and style of The William J. Burns International Detective Agency, Jackson, Michigan, herein called the Company, employed' as plant=protection workers , at the Jackson Pump Division of the Houdaille-Hershey Corporation, Jackson, Michigan, herein called the Corporation, the National Labor Relations Board provided for an, appropriate hearing upon due notice before Charles E. Persons, Trial Examiner. Said hearing was held at Jackson, Michigan, on April 1, 1943. The Company and Local 258 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 Com- pany made a motion at the hearing to dismiss the petition herein upon grounds that. (1) Local 258, being an affiliate of the International Union, United Automobile,, Aircraft and Agricultural Implement Workers of America, herein called the International, is precluded N. L., R. B., No. 49. e , ' BFFi 386 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD from representing the Company's plant-protection employees because of the express terms of the collective bargaining agreement now in force between the Corporation and the International's Local 673, which covers factory employees of the Corporation; (2) by reason of the above, the Board lacks jurisdiction over the petition herein ; and (3) col- lective bargaining is inconsistent with the plant-protection workers' status as civilian auxiliaries of the military police. This motion was -referred by the Trial Examiner to the Board. For reasons appearing below, the motion is denied. The Trial Examiners rulings made at the hearing are free from prejudicial error and are hereby affirmed. The Company filed a brief 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 W. Sherman Burns, Raymond J. Burns, Ashley John Burns, and William J. Burns constitute a co'-partnership, doing business under the form, name, and style of The William J. Burns International Detective Agency, with offices in the principal cities of the United States, and in Canada, Great Britain, and France. The Company is engaged in a general detective business and furnishes guards to various manufac- turing plants throughout the country. We are concerned herein with the guards furnished by the Company to the Corporation at its Jack- son Pump, Division Plant, located at Jackson, Michigan. The Com- pany has a contract with the Corporation which provides for the furnishing by the Company of all guards needed for the protection of the Jackson Pump Division Plant. The Corporation operates eight plants, of which two are located in the'State of Michigan. The Jack- son Pump Division Plant normally produces bumpers sold to producers of automobiles and trucks and its products are distributed throughout the, United States. At the present time, however, it is engaged in the production of bumpers for war "vehicles, small parts , for tanks, and bombs, all for the United States Army. Practically all of the steel purchased by the Corporation for the use of the Jackson Bumper Division Plant is purchased from point's outside the State of Michigan ; the finished products are destined for use'at points outside the State of Michigan. We find that the Jackson Bumper Division of the Hou= daille-Hershey Corporation 'is engaged in commerce within the meaning of the' National Labor Relations Act. ,On these facts, we find that the Company is engaged in commerce within the meaning of the Act.' Matter o/ W. Sherman Burns, Raymond J. Burns, Ashley John Burns, and William J. X Burns, co-partners, doing business under the form, name, and style of The William J. Burns Detective Agency and American Federation of Labor, 47 N. L. R. B., 010, and cases cited therein. THE WILLIAM J. BURNS INTERNATIONAL DETECTIVE AGENCY 387 II. THE ORGANIZATION INVOLVED International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, Local 258, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION By letter dated February 1, 1943, Local 258 advised the Company that it represented a majority of all the plant-protection employees in the Jackson Bumper Division Plant, and requested recognition as the bar- gaining representative of these employees. On February 5, 1943, the Company replied that Local 258 was not in a position to represent these employees because of the provision in a current contract between the Corporation and the International's Local 673 covering factory em- p]oyees^ which precluded the contracting union from accepting for, membership certain enumerated classes of employees among which were included plant-protection employees. Thereafter, on March 24, 1943, Local 258 filed the amended petition in this proceeding. The Corporation is currently operating under a collective bargaining agreement with the International's Local 673 which covers factory em- ployees at the Jackson Bumper Division Plant. This agreement was executed on October 22, 1942, and by its terms, is to remain in effect until October 22, 1943, and thereafter, in the absence of 30 days' notice by either party of a desire to change, modify, or cancel. This agree- ment contains a provision stating that "the Union will not accept for membership direct representatives of the management such as .. . plant guards . . ." The Company contends that the petitioning union, Local 258, being an affiliate of the International, is bound by this provision and is, therefore, estopped from seeking to represent the plant-protection workers. , - We,have recently held in the Packard and Briggs cases that a similar contractual provision between an employer and an affiliate of the peti- tioning union did not preclude the latter from seeking to represent plant-protection employees.2 Thus if we were to assume in this case that the contract referred to was entered into with the Company by an affiliate of Local 258 and that it is binding upon Local 258, the reason- ing of the foregoing cases would require that the Company's contention be rejected. However, in this case the contract is between the Corpora- tion and Local 673, and the Company is not a party thereto. The plant- protection employees involved are employees of the Company and not zMatter, of Packard Motor Car Company and International Union, 'United Automobile, Aircraft end A4riculturat Implement Workers of America, (UAW-CIO), Local 111,, 47 N L R B, 932; Briggs Manufacturing. Company and Amalgamated Plant Protection Local Union No. 114, (UAW-CIO), Case No . R-4914 , decided, April 23, 1943 , 49 N. L R. B., 57 0 531647-43-vol 49--26 388 • DFrcJISIONS OF NATIONAL LABOR R,ELAUGN+S BOARD of the Corporation. Accordingly, we find that the foregoing provision contained in the contract between the Corporation and Local 673 is not a bar to this proceeding. A statement of the Regional Director, introduced into evidence at the hearing, indicates that Local 258 represents a substantial number of employees 3 in the unit hereinafter'fouiid appropriate.4 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 Local 258 contends that all plant-protection workers of the Company in the Jackson Bumper Division Plant of the Corporation, excluding the chief and two assistant chiefs, comprise an appropriate unit. While not contesting the proposed inclusions and exclusions, the Com- pany urges that plant-protection employees should not be permitted to choose a collective bargaining agent since they are sworn members of the auxiliary military police and, therefore, are Federal officers, and are excluded from the purview of the Act. We have frequently found that plant-protection workers hired and paid by employers are em- ployees within the meaning of the Act and may designate a representa- tive for the purposes of collective bargaining, even though they are members of the auxiliary military police, or have been deputized as law enforcement officers.6 Accordingly, the Company's contentions are rejected. We find that all plant-protection employees of the Company em- ployed at the Jackson Bumper Division Plant of the Corporation, excluding the chief and the assistant chiefs, constitute a unit appropri- ate for, the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. - V. THE DETERMINATION OF REPRESENTATIVES Local 258 urges that 'eligibility to vote be determined by reference to the pay roll of the Company as of March 1, 1943, contending that original appointments of protection workers are for 3G days and are 3 For reasons appearing below, we find , contrary to the contention of the Company, that plant-protection employees ale employes within the meaning of the Act s The Regional Director reported that Local 258 submitted 12 authorization cards, of which 10 bore the signatures of persons appearing upon the Company 's pay roll of March 13, 1943 . This pay roll contained 13 names in the appropriate unit. All signatures on the 10 authorization cards which bore names corresponding to those upon the pay-roll list, appeared to be genuine and original. 5 See footnote 1. See also Matter of Curtiss-Wright Corp . and International Association of Machinists , District 76, A. F:'L., 45 N . L. R B '1268, and cases cited therein ° Matter of Westinghouse Aerbrike Company and United Electrical, Radio & Machine Worl, cis of America, Local No. 610, 42 N. L. R.,B 525' I THE WILLIAM J. BURNS INTERNATIONAL DETECTIVE , AGENCY 389 distinctly probationary. We do not consider this contention as a sufficient reason for departing from our usual procedure, and, in ac- ,cordance therewith, we shall direct that the question concerning repre- sentation which has arisen be resolved by an election by secret ballot among the employees in the appropriate unit who were employed dur- ing 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 W. Sherman Burns, Raymond J. Burns, Ashley John Burns, and William J. Burns, co-partners, doing business under the form, name, and style of The William J. Burns International Detective Agency, Jackson, Mich- igan, 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, 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 date of this Direction. including em- ployees 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 determine whether or not they desire to be represented by International Union, United 'Automobile, Air- craft and Agricultural Implement Workers of America, Local 258, affiliated, with the Congress of Industrial Organizations, for the pur- poses of collective bargaining. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election.