R. C. Mahon Co.

In the Matter of R. C. MAHON COMPANY, EMPLOYER and AMAL- GAMATED PJANT GUARDS, LOCAL No. 114, UNITED PLANT GUARD WORKERS OF AMERICA, INTERNATIONAL UNION, PETITIONER In the Matter of R. C. MAHON COMPANY, EMPLOYER and SHOPMEN'S LOCAL NO. 508, INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRON WORKERS, A. F. OF L., PETITIONER Cases Nos. 7-RC-413 apd 7-RC-439, respectively.Decided April 1,19!9 DECISION AND DIRECTION OF ELECTIONS Upon separate petitions duly filed, a consolidated hearing was held before a hearing officer of the National Labor Relations Board.' The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel.* Upon the entire record in this case, the Board finds: 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organizations named below claim to represent certain employees of the Employer. 3. In 1943 the Steelworkers was certified as collective bargaining representative for all hourly rated employees of the Employer's plant at 8650 Mt. Elliot, Detroit, Michigan, excluding truck drivers, field employees, superintendents, foremen, watchmen, draftsmen, and all office and salaried employees and clerks. Its most recent contract 'The Intervenor, Local Union 1279 , United Steelworkers of America, C. I. 0., herein called the Steelworkers , objected at the hearing to the consolidation of the two cases here involved . It moved that the cases be severed and further moved that the hearing be ad- journed pending a ruling by the Board upon the motion to sever. The hearing officer denied the latter motion and referred the former to the Board . As the Steelworkers has failed to show that it was prejudiced in any manner by the consolidation of the two cases, its motion to sever is hereby denied. *Chairman Herzog and Members Reynolds and Gray. 82 N. L. R. B., No. 74. 675 676 DECISIONS OF NATIONAL LABOR RELATIONS BOARD covering these employees, executed on March 15, 1948, provides that it shall continue in full force and effect until March 15, 1949, and from year to year thereafter in the absence of 60 days' notice before any anniversary date that either party desires to change or terminate the agreement. The Steelworkers maintains that this contract constitutes a bar to a present determination of representatives. The record dis- closes, however, that the Steelworkers gave the Employer timely no- tice that it desires to change the agreement and thereby stayed the operation of the automatic renewal clause. As the 1948 contract has thus been terminated, it can not bar a present determination of representatives.' A question affecting commerce exists concerning the representation of the employees of the Employer, within the meaning of Section 9, (c) (1) and Section 2 (6) and (7) of the Act. 4. We find, in substantial accord with the agreement of the parties, that the following employees at the Employer's 8650 Mt. Elliot and Eight Mile Road plants constitute separate units appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act : (a) Plant guards, watchmen, gatemen, and all others as de- scribed and defined under Section 9 (b) (2) of the Labor- Management Relations Act of 1947, excluding professional em- ployees, other employees of the Employer not included herein, and all supervisors as defined in the Act. (b) All hourly rated production and maintenance employees, excluding truck drivers, office and clerical employees, erection, installation and construction workers, guards, watchmen, drafts- men, janitors, professional employees, and all supervisors as defined in the Act. DIRECTION OF ELECTIONS 3 As part of the investigation to ascertain representatives for the purpose of collective bargaining with the Employer, separate elections by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and supervision of the Regional Director for the Region in which this case 2 See Matter of National Lead Company-Titanium Division, 77 N L. R B. 1055, and the cases cited therein 8 As the Intervenor , the Steelworkers , has never effected compliance with Section 9 (f), (g), and (h) of the Act, its name will not be placed on the ballot The compliance status of the Petitioner in Case No 7-RC-413, Local No. 114 of the Plant Guards , has lapsed since the hearing in this matter . The Regional Director is herewith instructed to dismiss the petition in that case if Local 114 has not, within 2 weeks from the date of the Direction herein, renewed its compliance with Section 9 (f), (g), and (h). R. C. MAHON COMPANY 677 was heard, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended, among the employees in the separate units found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, includ- ing employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, and also excluding employees on strike who are not entitled to rein- statement, to determine whether or not the employees described in unit (a) above desire to be represented, for the purposes of collective bargaining, by Amalgamated Plant Guards, Local No. 114, United Plant Guard Workers of America, International Union, and whether or not the employees described in unit (b) above desire to be repre- sented, for the purposes of collective bargaining, by Shopmen's Local No. 508, International Association of Bridge, Structural and Orna- mental Iron Workers, A. F. of L. 838914-50-vol . 82-44 .