Gibson, Inc.

In the Matter of GIBSON , INCORPORATED and UNITED STEELWORKES OF AMERICA, C. I. O. Case No. 7-R--2021.-Decided June 19, 1945 Messrs. Don B Sharpe and J. A. Mazzulla, of Kalamazoo, Mich., for the Company. Mr. Charles Cowl, of Kalamazoo, 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 United Steelworkers of America, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Gibson, Incorpor- ated, Kalamazoo, Michigan, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due 'notice before Max Rotenberg, Trial Examiner. Said hearing was held at Kalamazoo, Michigan, on May 28, 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 bear- ing on the issues. The Trial Examiner's rulings made at the hearing are 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 following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Gibson, Incorporated, is a Michigan corporation operating a plant at Kalamazoo, Michigan, where it is engaged in the manufacture of war mate- rials. The Company semi-annually uses raw materials valued in excess 62 N. L. R. B., No. 77. 552 GIBSON, INCORPORATED 553 of $100,000, about 90 percent"of which is shipped to it from points outside the State of Michigan. During the same period the Company manufac- tures products valued in excess of $200,000, approximately 90 percent of which is shipped to points outside, the State of Michigan. The Company admits that it is engaged in commerce within the mean- ing of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Steelworkers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership em- ployees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as exclusive collective bar- gaining representative of its employees, asserting a doubt as to its majority status. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a substantial 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 Sec- tion 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Union urges that all production and maintenance employees of the Company, including leaders, inspectors, and watchmen, but excluding office clerical employees, timekeepers, cost estimators, plant-protection em- ployees, and supervisory employees, constitute an appropriate bargaining unit. The only controversy with respect to the unit concerns the watch- men. The Company would exclude them from the unit. The Company employs four watchmen who make appointed rounds of the Company's plant, punching A.D.T. clocks. In addition, the watchmen fire boilers and are responsible for the maintenance of the compressor and boiler rooms. They are neither deputized nor militarized. We shall in- chicle them in the unit. We find that all production and maintenance employees of the Com- pany, including leaders,' inspectors, and watchmen, but excluding office clerical employees, timekeepers, cost estimators, plant-protection employ- ees, and all supervisory employees with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of employees, r The Field Examiner reported that the Union presented 154 menibetship application cards. There ate about 316 employees in the appropri ate unit The record discloses that the leaders are not supervtsmy employers within the mc.uung of the Board 's definition of that term. 554 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 shall direct that the question concerning representatives which has arisen be resolved by means of 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 representatives for the purposes of collective bargaining with Gibson, Incorporated, Kala- mazoo, 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 Di- rection, 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 appropri- ate 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 or not they desire to be represented by United Steel- workers of America, C I. 0., for the purposes of collective bargaining.