Automatic Instrument Co.

In the Matter of AUTOMATIC INSTRUMENT COMPANY and UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, C. I. O. Case No. 7-R-1925.-Decided April 11, 1945 Messrs. Stephen F. Dunn, and H. E. Atchison, of Grand Rapids, Mich., for the Company. Mr. David Mates, of Detroit, Mich ., and Mr. Neil M. McCormick, of Grand Rapids , Mich., for the Union. Mr. Stanley B. Korengold, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Electrical, Radio and Machine Workers of America, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Automatic Instrument Company, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Sylvester J. Pheney, Trial Examiner. Said hearing was held at Grand Rapids, Michigan, on March 1, 1945. The Company and the Union appeared and par- ticipated. All parties 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 an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Automatic Instrument Company, a Michigan corporation with its principal plant located in Grand Rapids, Michigan, is engaged in the manufacture of aviation instruments, precision aircraft controls and parts, precision locks, automatic relays and variable air condens- 61 N. L. R. B., No. 65. 495 496 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ers. The Company is engaged almost 100 percent in war work. The value of war materials purchased per month approximates $15,000 to $20,000, of which 60 percent is purchased outside the State of Michigan and shipped to the Company's plant from points outside the State of Michigan. The value of finished products approximates $75,000 to $80,000 per month, 75 percent of which is shipped 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 United Electrical, Radio and ; Machine Workers, of America, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION By letter dated November 25, 1944, the Union informed the Com- pany that it represented a majority of the Company's production employees and requested recognition as their bargaining representa- tive. The Company refused such recognition and referred the Union to the National Labor Relations Board. The Mechanical Specialties Union, herein called the Independent, and the Company entered into a collective bargaining contract on June 15, 1944, effective to January 1, 1945, and providing for auto- matic renewal in the absence of 30 days' notice of termination. In November 1944, the members of the Independent, by unanimous vote of those present at a meeting, elected to dissolve the Independent and to affiliate with the Union. On November 28, 1944, the Company was informed of the dissolution by a letter signed by the officers of the Independent. The Company does not claim that the Indepen- dent's contract constitutes a bar to this proceeding 1 A statement of the Board's Field Examiner, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate? We find that a question affecting commerce has arisen concerning 1 It is obvious that the contract cannot operate as a bar to an election at this time, since there is no evidence of the Independent 's continued existence as a functioning organization and since , in any event , the letter received by the Company on November 28, 1944 , evinced an intention to terminate the contract. See Matter of Rockland Light and Power Company, 49 N. L. R B. 1398; Matter of National Copper and Smelting Company and International Union of Mine, Mill and Smelter Workers, Local 735, C. 1. 0., 58 N. L. R. B. 1636 ' The Field Examiner reported that; of 122, employees in the, unit petitioned for, the Union submitted 78 application for membership cards. An examination thereof indicated 73 of the 78 cards checked with names on the pay-roll list of the employer - Fifty-nine cards were dated November 1944; 11 , December 1944, 3 were undated. AUTOMATIC INSTRUMENT COMPANY 497 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 accord with a stipulation of the parties, that all production and maintenance employees, including the assistant foremen,3 but excluding toolroom employees, office and clerical employees, and supervisory employees with authority to hire, pro- mote, 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. V. DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees 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 Automatic In- strument Company, Grand Rapids, Michigan, 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 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 unit found appropriate in Section IV, above, who were employed during the pay-roll period immedi- ately preceding the date of this Direction, including employees who did not work during the said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in 9 The parties agreed, and «e find, that the assistant foremen do not possess supervisory authority within the Board's customary definition thereof. Matter of Douglas Aircraft Company, Inc, 50 N. L. R. B. 784. 498 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 date of the election, to determine whether or not they desire to be represented by United Electrical, Radio and Machine Workers of America, C. I. 0., for the purposes of collective bargaining. CHAIRMAN MILLIs took no part in the consideration of the above Decision and Direction of Election.