The Cross Co.

In the Matter of THE CROSS COMPANY and LOCAL 155, INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW-CIO Case No. 7-R-1918.-Decided January 25,1945 Mr. Pierce E. Wright, of Detroit, Mich., for the Company. Messrs. Sig Vernberg and John Anderson, of Detroit, Mich., for the, Union. Mr. Louis Cokin, 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, he called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of The Cross Company, Detroit, Michigan, herein called the Company, the National Labor Relations Board provided for an appropriate hear- ing upon due notice before Cecil Pearl, Trial Examiner. Said hearing was held at Detroit, Michigan, on January 9, 1945. The Company and the Union 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 Trial Examiner's rulings made at the hearing 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 f,)flowing : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Cross Company is a Michigan corporation operating a plant at Detroit, Michigan, where it is engaged in the manufacture of machine tools. During the 6-month period preceding the hearing, the Company purchased about 529 tons of raw materials from points outside the State 60 N. L. R. B., No. 45. 218 k THE CROSS COMPANY 219 of Michigan: During the same period the Company shipped about 495 tons of finished products 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 ORGANIZATION INVOLVED Local 155, 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. III. THE QUESTION CONCERNING REPRESENTATION During November 1944, the Union requested the Company to recog- nize it as the exclusive collective bargaining representatives of the Company's employees. The Company refused this request until such time as the Union is certified by the Board. A statement of the Trial Examiner, read into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found 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 substantial agreement with a stipulation of the parties, that all hourly rated production and maintenance employees of the Company, excluding office and clerical employees, watchmen, office janitors, timekeepers, 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, consti- tute 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 Union urges that a pay roll as of December 1, 1944, be used to determine eligibility to vote. Inasmuch as no persuasive reason appears for departing from our usual practice, we shall direct that the I The Trial Examiner reported that the Union presented 24 authorization cards bearing the names of persons who appear on the Company 's pay roll of January 7, 1945. There are. approximately 74 employees in the appropriate unit. 220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employees eligible to vote shall be those 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 3, as amended, it is hereby • DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with The Cross Com- pany, Detroit, Michigan, an election by secret ballot shall be con- ducted 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, 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 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 deter- mine whether or not they desire to be represented by Local 155, Inter- national Union, United Automobile, Aircraft & Agricultural Imple- ment Workers of America, UAWV-CIO, for the purposes of collective bargaining. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election.