Metal Specialties Co., Inc.

In the Matter- of METAL SPECIALTIES Co., INC. and INTERNATIONAL UNION, UNITED AUTomoBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW-CIO Case No. 13-R-P556.-Decided November 2 , 1944 Mr. Allan Polacheck , of Milwaukee, Wis., for the Company. Mr. Walter Cappel, of Milwaukee , Wis., for the UAW-CIO. Messrs. Carl W. Griepentrog and R. P. Zimmerman, of Milwaukee, Wis., for the UAW-AFL. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Union, United Auto- mobile, Aircraft & Agricultural Implement Workers of America, UAW-CIO, herein called the UAW-CIO, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Metal Specialties Co., Inc., Milwaukee, Wisconsin, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Russell Packard, Trial Examiner. Said hearing was held at Milwaukee, Wisconsin, on Oc- tober 18, 1944. At the commencement of the hearing the Trial Ex- aminer granted a motion of International Union, United Automobile Workers of America A. F. of L., herein called the UAW-AFL, to intervene. The Company, the UAW-CIO, and the UAW-AFL ap- peared, 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 made at the hear- ing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. 59 N. L. R. B., No. 9. 26 METAL SPECIALTIES CO. 27 Upon the entire record in the case, the Board makes the following : FINDING OF FACT 1. THE BUSINESS OF THE COMPANY Metal Specialties Co., Inc., is a Wisconsin corporation operating a plant at Milwaukee, Wisconsin, where it is engaged in the manufacture of automatic screw machine parts. During 1943 the Company purchased raw materials valued in excess of $75,000, 70 percent of which was shipped to it from points outside the State of Wisconsin.. During the same period the Company sold products valued in excess of $75,000, 90 percent of which was shipped to points outside the State of Wisconsin. 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, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. International Union, United Automobile Workers of America, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the UAW-CIO or the UAW-AFL as exclusive bargaining representative of its employees until such time as the UAW-CIO or the UAW-AFL is certified by the Board. A statement of a Field Examiner of the Board, introduced into evi- dence at the hearing, indicates that the UAW-CIO represents a sub- stantial 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, in agreement with a stipulation of the parties, that all pro- duction and maintenance employees of the Company at Milwaukee,, excluding clerical employees, watchmen, nurses, foremen, foreladies, 6 1 The Field Examiner reported that the UAW-CIO presented 61 membership applications cards. There are approximately 175 employees in the a*propriate unit. The UAW-AFL presented 50 membership application cards. 28 DECISIONS OF NATIONAL LABOR RELATIONS BOARD assistant foremen, assistant foreladies, and any other supervisory em- ployees with authority to hire, promote, discharge, discipline, or other- wise 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. V. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by means of an election by secret ballot. The UAW-CIO urges that the pay roll of September 24, 1944, be used to determine eligibility to vote. Inasmuch as no persuasive reason ap- pears as to why we should depart from our usual practice we shall direct that the employees eligible to vote shall be those in the appro- priate 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 Nati.Qnal 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 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Metal Specialties Co., Inc., Milwaukee, Wisconsin, 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 Thirteenth 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 em- ployees 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 person at the polls, but excluding any who have since quit or been discharged for cause and have not been rehired or reinstated prior to the,date of the election, to determine whether they desire to be represented by International Union, United Automo- bile, Aircraft & Agricultural Implement Workers of America, C. I. 0., or by United Automobile Workers, A. F. L., for the purposes of collec- tive bargaining, or by neither. MR. JOHN M. HousTON took no part in the consideration of the above Decision and Direction o?f Election.