Acorn Products Corp.

In the Matter Of ACORN PRODUCTS CORPORATION, EMPLOYER and LOCAL 155, INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW-CIO, PETITIONER Case No. 7-RC-449.Decided April 28,1949 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before Francis E. Burger, 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-member panel [Chairman Herzog and 1 {embers Reynolds and Gray]. Upon the entire record in this case, the Board finds : 1. The Employer is a Michigan corporation engaged at Warren Township, Macomb County, Michigan, in manufacturing automobile spring suspension parts. During the year 1948 the Employer pur- chased raw materials, consisting primarily of cold rolled steel bars, in the value of $693,500, approximately 70 percent of which was shipped from points outside the State of Michigan. During the same year the Employer sold finished products amounting to $844,137, ap- proximately 5 percent of which was shipped by the Employer to points outside the State. Of the remaining 95 percent of its finished products, approximately 50 percent was shipped within the State to its parent company, Pressed Metals of America, Inc., and 50 percent was shipped, pursuant to instructions by the parent company, to customers within the State. The Board has found Pressed Metals of America, Inc., to be engaged in commerce.2 ' At the hearing the Petitioner moved to dispense with the hearing and dismiss the peti- tion, on the ground that the Employer had distributed a letter among its employees stating that it was willing and, in fact, demanded" an election to determine whether its employees wanted to be represented by the Petitioner . Upon'the Employer's refusal to consent to an election before a determination by the Board, the Petitioner withdrew its motion . There- after, the Employer moved to strike the Petitioner 's motion and to remove all reference to it from the record. The hearing officer referred this motion to the Board . As no sufficient reason appears for granting the Employer's motion, it is hereby denied. Matter of Pre88ed Metals of America, Inc., 50 N. L. R. B. 9; 59 N. L. R. B. 360. 88 N. L. R. B.,^ No. 35. 271 272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that the Employer is engaged in commerce within the mean- ing of the National Labor Relations Act. 2. The labor organization named below claims to represent em- ployees of the,Employer. 3. A question affecting commerce exists concerning the'representa- tion of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The following employees of the Employer constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act: All employees of the Employer at its Warren Township, Mich- igan, plant, including the tool grinder leader,8 but excluding clerical and confidential employees, guards, the chief inspector, and all other supervisors as defined in the Act. DIRECTION OF ELECTION As part of the investigation, to ascertain representatives for the purposes of collective bargaining with the Employer, an election 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 super- vision of the Regional Director for the Seventh Region, 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 unit found appropriate in paragraph numbered 4, above, who were employed during the pay-roll period immediately preceding the 'date of this Direction of Election, including employees who did not work ,'during the 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 reinstatement, to determine -whether or, not they desire to be represented, for the purposes of collective bargaining, byiLoctl 155,'International:Uilion,;United Automobile, Aircraft and Agricultural Implement `Workers- of America, UAW-CIO. $ The Petitioner seeks to include the tool grinder leader . The Employer takes no posi- ;.tlon as to his inclusion. There are three other employees ,in the tool grinding room; one on each. shift. . The tool, grinder leader,49 the oldest .and, most competent employee, who in- structed the others when they were hired. At. present he spends about 95 percent of. his „time, in manual work. - He ,has no authority ..to hire, discharge, or discipline. Although the Employer stated that,his recommendation for hiring, laying off,: or transferring, em- ployees from , one shift to, another,, would , be. given consideration, no occasion for such. a recommendation has arisen. , In the-Aight of, .the. entire record, we find that he'is, not a supervisor within the meaning of, the-,Act.. We shall- include . him. in the unit. , Matter of General , Steel , Tank, Company, 81 wN.. L., R- B. 1345; ,Matter of Sampsei 'Time' Control, Inc., 80 N. L. R. B. 1250.