Bohn Aluminum and Brass Corp.

In the Matter of BOHN ALUMINUM AND BRASS CORPORATION (NEW ADRIAN PLANT, SOMETIMES ]KNOWN AS PLANT 24) and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLE- MENT WORKERS OF AMERICA (UAW-CIO) In the Matter of BOHN ALUMINUM AND BRASS CORPORATION MAGNES- IUM FABRICATOR PLANT AND PLANT #13, ADRIAN, MICHIGAN and INTERNATIONAL UNION7 UNITED AUTOMOBILE , AIRCRAFT AND, AGRI- CULTURAL IMPLEMENT WORKERS OF AMERICA (UAW-CIO) Cases Nos. 7-R-1521 and 7-R-1525.-Decided October 29, 1943 Butzel, Eaman, Long, Gust c<; Bills, by Mr. Victor W. Klein, of Detroit, Mich., for the Company. Maurice Sugar and N. L. Smokler, by Mr. N. L. Smokler, of De- troit, Mich., for the Union. Miss Frances Lopinsky, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon two petitions duly filed by International Union, United Automobile, Aircraft and Agricultural Implement Workers of Amer- ica (UAW-CIO), herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Bohn Aluminum and Brass Corporation, Adrian, Mich- igan, herein called the Company, at its New Adrian Plant, sometimes known as Plant 24,1 herein called Plant 24, and at its Magnesium Fabricator Plant and Plant #13, herein called the Magnesium Plant and Plant 13, the National Labor Relations Board provided for an appropriate consolidated hearing upon due notice before Frank L. Danello, Trial Examiner. Said hearing was held at Detroit, Mich- igan, on September 29, 1943 . The Company and the Union appeared and participated.2 All parties were afforded full opportunity to be 'All pleadings in Case No . 7-R-1521 were amended to conform with this designation. The pleadings designate the plant simply as "New Adrian Plant." Y The American Federation of Labor and Inteinational Union, United Automobile Workers of America , A. F. L., also served with notice , did not appear. 53 N. L. R. B., No. 47. 231 232 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD 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. All parties were afforded an opportunity to file briefs with the Board. Upon the entire record in the case, the Board snakes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Bohn Aluminum and Brass Corporation is a Michigan corporation having its principal offices in Detroit, Michigan. The total amount of raw materials shipped to its Plant 24 at Adrian, Michigan, from points outside the State of Michigan, and the total amount of finished prod- ucts shipped from said plant to points outside the State of Michigan exceed $320,000 monthly. The total amount of raw materials shipped to its Magnesium Plant and its Plant 13 at Adrian, Michigan, from points outside the State of Michigan, and the total amount of finished products shipped from said plants to points outside the State of Michigan exceed $825,000 monthly. For the purpose of this proceeding, the Company admits that it is engaged in commerce within the meaning of the National Labor Rela- tions Act. II. THE ORGANIZATION INVOLVED International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, affiliated with the Congress of Indus- trial Organizations, is a labor organization admitting to membership, employees of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of its plant-protection employees for the reason that it considers that plant-protection employees cannot properly constitute an appropriate unit. Statements of the Regional Director, introduced into evidence at the hearing, indicate that the Union represents a substantial number of employees in each of the units hereinafter found appropriate.3 s The Regional Director reported that the Union submitted 19 collective bargaining authorization cards, all of which bore apparently genuine original signatures ; that the names of all of the persons appearing on the cards were listed on the Company's Plant 24 pay roll of August 20 , 1943, which contained the names of 25 employees in the appropriate unit ; that the cards were dated in July 1943. The Union submitted 10 similar cards, all of which bore apparently genuine original signatures . The names of all persons appearing on the cards were listed on the Company's Magnesium Plant and Plant 13 pay roll of August 20, 1943 , which contained the names of 13 employees in the appropriate unit. The cards were dated June 28, 1943 BORN ALUMINUM AND BRASS CORPORATION 233 We find that questions affecting commerce have 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 UNITS The Union requests two units, one composed of non-supervisory plant-protection employees of Plant 24, and one composed of non- supervisory plant-protection employees of the Magnesium Plant and Plant 13. The Magnesium Plant and Plant 13 are contiguous and use the same guard force, all under the supervision of one captain of police. The maintenance and production employees of these two plants are members of a single bargaining unit. Plant 24 is about a mile from the Magnesium Plant and Plant 13. It has its own guard force under the supervision of a chief of police. The Company agrees that if any unit of guards 'is proper, the grouping requested by the Union is appropriate. It denies, however, that guards can constitute an appropriate unit, contending that (1) the Union represents the production and maintenance employees at Plant 24 and hence cannot represent plant-protection employees without creating a conflict in loyalty; (2) plant-protection employees perform confidential work and are direct representatives of management; and (3) they are mem- bers of the auxiliary military police, subject to the rules and regula- tions of the United States Army. The guards are armed, uniformed, hired and paid by the Company. It is their duty to protect the property of the Company. The Union stated that it is its practice to represent such employees in units separate and apart from units of other employees whom it may repre- sent. It is our practice to recognize the appropriateness of such units so represented.4 The Company did not attempt to differentiate this case from similar cases we have considered. We find that all plant-protection employees at Plant 24, excluding the captain or chief and any other supervisory employees with author- ity 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 meaning of Section 9 (b) of the Act. We further find that all plant-protection employees at the Mag- nesium Plant and Plant 13, excluding the captain and any other 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 4See Matter of Dravo Corporation, 52 N. L. R. B. 322; Matter of Firestone Tire & Rubber Co. of California, 51 N. L R. B. 485; Matter of Chrysler Corporation, Highland Park Plant, 44 N. L. R. B. 881. 234 rx crsrONS OF NATIONIAL LABOR RELATIONS BOARD the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the questions concerning representation which have arisen be resolved by elections by secret ballot among the-em- ployees in the appropriate units who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tions herein, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTIONS 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 Bohn Aluminum and Brass Corporation, Adrian, Michigan, elections 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 super- vision 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, Sections 10 and 11, of said Rules and Regula- tions, among the employees in the units 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 person at the polls, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the elections, to determine whether or not they desire to be represented by International Union, United Automobile, Aircraft and Agricultural Implement Workers of America (UAW-CIO), for the purposes of collective bargaining.