Bailey Products Corp.

In the Matter of BAILEY PRODUCTS CORPORATION and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (CIO) Case No. R-5826.-Decided September 4, 1943 Mr. John A. Hull, Jr., for the Board. Mr. Kurt F. Pantzer, of Indianapolis, Ind., and Messrs. Thomas Bradley and-J. C. Ashcraft, of Union City, Ind., for the Company. Messrs. Hose Kueela, Larue Leonard, and Jerry Hobbs, of Indian- apolis, Ind., and Mr. Paul Spencer, of Union City, Ind., for the UAW-CIO. Mr. John G. Witte, of Columbus, Ohio, for the IAM. Miss Viola James, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE 0 Upon an amended petition filed by International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, affiliated with the Congress of Industrial Organizations, herein called the UAW-CIO, alleging that a question affecting commerce had arisen concerning the representation of employees of Bailey Products Corporation, Union City, Indiana, herein called the Company, the National Labor Relations Board provided for an appropriate hearing before William P. Webb, Trial Examiner. Said hearing was held at Union City, Ohio, on August 9, 1943. ' The Board, the Company, the UAW-CIO, and the International Association of Machinists, herein called the IAM, appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Com- pany filed applications for subpoenas daces tecum in which it re- quested that certain representatives of the UAW-CIO and the TAM be required to produce union membership cards, minutes of the mem- bership rolls, and financial records, and that certain representatives of 52 N. L. R. B., No. 63. 420 BAILEY PRODUCTS CORPORATION 421 the IAM be required to produce the local charter, dues records, dues receipts, and all other union records. The Trial Examiner denied the applications. For the reasons herein stated, we affirm his ruling.' The Trial Examiner's other rulings are free from prejudicial error and are hereby affirmed. All'parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Bailey Products Corporation owns and operates a plant at Union City, Indiana. Although the plant consists of buildings in both Indiana and Ohio, it is operated as one plant. At this plant the Company is engaged in the manufacture and sale of screw machine parts, fuses, magneto couplings, and miscellaneous screw parts. Steel is the principal raw material used. In 1942, the Company purchased steel, valued at approximately $135,000, all of which was obtained from outside•the States of Indiana and Ohio. During the same period the value of the Company's finished products exceeded $750,000, approximately 90 percent of which was sold and distributed to points outside the States 'of Indiana and Ohio. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, affiliated with the Congress of In- dustrial Organizations, and International Association of Machinists are labor organizations, each admitting to membership employees of the Company. ' III. THE QUESTION CONCERNING REPRESENTATION On May 14, 1943, the UAW-CIO notified the Company that it represented a majority of the Company's employees and requested a bargaining conference. The Company did not reply. The' position taken by the Company at the hearing is that it refuses to recognize the UAW-CIO. i In view of the Trial Examiner's denial of the applications for subpoenas duces tecum, the Company has filed a petition and brief for leave to adduce additional evidence, and has requested permission for oral argument. The-petition and request for oral argument are hereby denied. 4 422 DECISQONS OF NATIONAL LABOR RELATIONS BOARD Evidence submitted to the Trial Examiner at the hearing indicates that the UAW-CIO represents a substantial number of employees in the unit hereinafter found to be appropriate.,' The Company and Local 1208 of the IAM entered into a closed- shop contract on June 15, 1942, which "shall be and remain in full force and effect until July 1, 1943, and shall continue in effect annually thereafter, unless thirty (30) days' notice in writing is submitted prior to the expiration of this agreement of any desire to change or amend same." The Company and the IAM contend that the contract has renewed and is a bar to the proceedings herein. Since the UAW-CIO notified the Company on May 14, 1943, that it represented a majority, we find that the contract is not a bar. The:Company applied for the subpoenas duces tecuma for the purpose of showing by the information contained in the records of the unions that the IAM is still active and still has a majority of the employees in its membership, and that a notice of cancellation of the contract, given to the Company by an officer of the IAM local, was an unofficial act of said officer. In view of the UAW-CIO's timely request for recogni- tion, its membership showing, and the admission of the IAM counsel that the IAM local has become inactive, we find that the information sought by means of the subpoenas, if obtained, would not prevent the existence of a representation dispute. The applications were correctly denied. 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 The UAW-CIO and the IAM agree that the appropriate unit consists of all maintenance and production employees, excluding super- visory, clerical, and plant-protection employees. The Company agrees to the exclusion of the plant-protection employees but otherwise takes no position with respect to the unit. The IAM contract covers a unit similar to that agreed to by the unions but also specifically excludes office workers and confidential workers, such as time-study men and salesmen, who we find should be excluded. We find that all maintenance and production employees of the Company, excluding office and clerical employees, confidential em- ployees such as time-study men and salesmen, plant-protection 2 The Trial Examiner reported that the UAW-CIO submitted 159 application -for-member- ship - and authorization cards, all but 1 bearing apparently genuine original signatures ; no check was made against a pay roll of the Company because the Company refused to furnish one. Testimony at the hearing revealed that there are approximately 190 employees in the appropriate unit, and that, at the time the cards were signed, the persons whose names appear thereon were employees of the Company. The IAM relies upon its con- tract as proof of its interest in the proceeding. 6 BAILEY PRODUCTS CORPORATION 423 employees, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. V. THE; DETERMINATION OF REPRESENTATIVES The UAW- CIO desires that employees in the appropriate unit who were employed at the date of the hearing shall be eligible to vote in the election herein directed . We see no reason for departing from our customary practice and shall accordingly direct that the question con- cerning representation which has arisen be resolved by an election by secret ballot among the employees in the appropriate unit -who were employed during the pay-roll period immediately preceding the date of our Direction of Election herein, subject to the limitations and additions set forth in said 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 Relation Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DmEorED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Bailey Products Corporation, Union City, Indiana, 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 Eighth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, 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 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 persons at the polls, but excluding any who have since quit or been discharged for cause, to determine whether they desire to•be,represented by International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, affiliated with the Congress of Industrial Organizations, or by International Association of Machinists, for the purposes of collective bargaining, or by neither. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election.