Active Tool and Manufacturing Co.

In the Matter of HENRY, MARGARET, MARILYN, AND HENRY ALBERT DRETTMAN, CO-PARTNERS, D/B/A ACTIvi TOOL AND MANUFACTURING COMPANY 'and LOCAL 155, INTERNATIONAL UNION, UNITED AUTOMO- BILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS 'OF AMERICA (UAW-CIO) Case' No. R-5205.-Decided May 7, 1943 Mr. L. A. Van Tassell, of Detroit, Mich., for the Company. Messrs. George, Stafford and John Anderson, of Detroit, Mich., for the C. I.O., 0.- Mr. Mr. Robert O. Brown, of Detroit, Mich.; for the Society. Mr. Joseph'E. Gubbins, of counsel to the Board. DECISION AND DIRECTION OF ELECTION' STATEMENT OF THE CASE Upon petition duly filed by Local 155, International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, (UAW-CIO), herein called the C. I. 0., alleging that a question affect- ing commerce had arisen concerning the representation of employees of Henry, Margaret, Marilyn, and Henry Albert Drettman, co-part- ners, doing business as Active Tool and Manufacturing Company, Detroit, Michigan, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Peter F. Ward, Trial Examiner. Said hearing was held at Detroit, Michigan, on April 20, 1943. The Company, the C. I. 0., and Local No. 1, an affiliate of the Society of Tool and Die Craftsmen, herein called the Society, appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues. The Trial Exam- iner'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 : 49 N L. R -B, No. 82. 578 ACTIVE TOOL AND MANUFACTURING COMPANY 579 FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Active Tool and Manufacturing Company is a partnership consist- ing of Henry, Margaret, Marilyn, and Henry Albert Drettman, and is engaged in the manufacture, sale, and distribution of tools, dies, and" fixtures, at Detroit, Michigan. During the year 1942 the Company purchased raw materials, consisting principally of tool and cold rolled steel, amounting to the approximate value of $400,000, 80 percent of which was shipped from points outside the State of Michigan. Dur- ing the same period the Company's sales amounted to approximately $1,900,000, 50 percent of which was shipped to points 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 ORGANIZATIONS INVOLVED Local 155, International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, affiliated with the Con- gress of'Industrial Organizations, and Local No. 1, an affiliate of the Society of Tool and Die Craftsmen, are labor organizations admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about March 25, 1943, the C. I. O. informed the Company that it represented a substantial number of the Company's employees and requested recognition for purposes of collective bargaining. The Company stated that it had a bargaining agreement with the Society and it was about to enter into negotiations with the Society for the purpose of renewing the existing agreement, but, since the C. I. O. had made a request for recognition, the Company would remain neutral until the matter was decided by the Board. The Society contends that there is an existing closed-shop contract between the Company and the Society, entered into on April 3, 1942, and expiring on April 3, 1943, which constitutes a bar to a question of representation at this time. At the hearing the vice president of the Society testified that the Company was verbally notified on March 15 and March 22, 1943, of the Society's desire to negotiate a neW coil- tract. He further testified that, the Company refused to enter into negotiations for such purpose because of the C. I.O.'s request for recog- nition from the Company. The Society further contends that these attempts to negotiate a new agreement prior to the expiration date of the existing contract kept it in effect for 90 days after its expiration 531647-43-vol. 49-38 580 DECISIONS OF NATIONAL LABOR RELATIONS BOARD date, relying on the following clauses found in the contract to support its contentions : Upon serving of notice in writing by either party, the employer or employees, may re-open negotiations regarding disputes as to hours and wages, within ninety (90) days, before the date set for said negotiations. ' This agreement shall remain in full force and effect`to and including April 3,1942, and until April 3, 1943. This agreement may be amended or terminated at any time during its term, provided however, the party desiring to amend or terminate must notify the other of the desire at least ninety (90) days before the date set for such amendment or termination. After such notice of amendment, is given, negotiations shall start ninety (90) days after such notice is received. ' We find no merit in the Society's contentions that the contract is a bar. By its terms, the contract has expired. Even assuming that it was extended for 90 days beyond April 3, 1943, it has less than 60 days to run and obviously is no bar in accordance with our well-settled rule. A statement prepared by the Regional Director, and introduced in evidence at the hearing, indicates that the C. I. 0. represents a substantial 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, pursuant to the unions' agreement, to which the Com- pany offered no objection, that all hourly rated employees of the Company at its Detroit, Michigan, plant, excluding supervisory, clerical and plant protection employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act.2 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 'The Regional Director 's statement shows that the C. I. O. submitted 79 authorization cards, 78 of which bear apparently genuine signatures , and 73 of which bear names of persons whose names are listed on the Company 's pay roll of March 30 , 1943; this pay roll lists 152 employees in the appropriate unit . Seventy-six of the cards are dated in March 1943 and 3 cards are undated. The Society submitted no evidence of representation , apparently relying on its contract to show interest. The unit is substantially the same as the one found in the contract ACTIVE TOOL AND MAINUFACT'URING COMPANY 581 employees 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 Relations 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 repre- sentatives for the purposes of collective bargaining -with Henry, Margaret, Marilyn, Henry Albert Drettman, co-partners, doing busi- ness as Active Tool and Manufacturing Company, Detroit, Michigan, an election by secret ballots 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- ions 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 employ- ees' 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 aiay ' who have since quit or been discharged for cause, to determine whether they desire to-be repre- sented by Local 155, International Union, United Automobile, Air- craft & Agricultural Implement Workers of America, affiliated with the C. I. 0., or by Local No. 1, an affiliate of the Society of Tool Die Craftsmen, for the purposes of collective 'bargaining, or by neither.