Quick Industries, Inc.

In the Matter Of QUICK INDUSTRIES, INCORPORATED and INTERNA- TIONAL ASSOCIATION OF MACHINISTS, LODGE 1515, DISTRICT 117 Case No. 7-R-2272.Decided J'aly 22, 1946 Rosenberg, Painter and Navarre, by Mr. Milton Davidson, of Jack- son, Mich., for the Company. Mr. Carl Cederquist, of Detroit, Mich., for the I. A. M. Mr. Clarence A. Jackson, of Kalamazoo, Mich., for the Steelworkers. Mr. Martin T. Camacho, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Association of Machin- ists, Lodge 1515 , District 117, herein called the I. A. M., alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Quick Industries , Incorporated, Jackson, Mich- igan, herein called the Company,' the National Labor Relations Board provided for an appropriate hearing upon due notice before Wood- row J. Sandler, Trial Examiner . The hearing was held at Jackson, Michigan , on June 3,1946 . At the hearing the Company, the I. A. MY., and District 29, United Steelworkers of America , C. I. 0., herein called the Steelworkers,2 appeared and participated . 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 opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : ' At the hearing the petition and all other papers were amended to conform to the correct name of the Company. 2 The Steelworkers was permitted to intervene at the hearing. 69 N. L. R. B., No. 91. 760 QUICK INDUSTRIES, INCORPORATED FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY 761 Quick Industries, Incorporated, a Michigan corporation having its principal place of business in Jackson, Michigan, is engaged in the business of heat treating and galvanizing and also in the manufacture of range boilers. For the first 4 months of 1946 its gross business was approximately $50,000, nearly $26,000 of which represents sales of range boilers to the Handley Brown Heater Company, located in Jackson, Michigan. These range boilers are further processed by Handley Brown Heater Company and sold as tube heaters. Approxi- mately 60 percent of these tube heaters are sold outside the State of Michigan. In view of the foregoing facts 3 we find that the Company is engaged in commerce within the meaning of the National Labor Relations Act. 11. TILE ORGANIZATIONS INVOLVED International Association of Machinists, Lodge 1515, District 117, is a labor organization admitting to membership employees of the Company. District 29, United Steelworkers of America, is a labor organiza- tion, affiliated with the Congress of Industrial Organizations, admit- ting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION It was stipulated at the hearing that the I. A. M. and the Steelwork- ers each claims to represent a majority of the Company's employees; and that in view of the conflicting claims the Company has refused to recognize either labor organization. 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 The parties are in substantial accord that the appropriate unit should include all production and maintenance employees of the Com- pany, but exclude all other employees such as office, clerical, and supervisory employees. 8 See Matter of W. E. Horne Engineering Company, 61 N. L. It. B. 742, and cases therein cited ; Matter of Henry A. Larson, 35 N. L. It. B. 89 ; Matter of Shore Products Company, 55 N. L. R. B. 431; Matter of Trinidad Brick and Tile Company, 67 N. L. R. B. 1351. 762 DECISIONS OF NATIONAL LABOR RELATIONS BOARD However, at the hearing there was some dispute respecting the alleged supervisory status of two of the Company's employees, namely, W. A. Watts and Malcolm Smith. It appears that the Company op- erates a day shift and a night shift with Malcolm Smith and W. A. Watts, respectively, in charge. In the absence of R. E. Quick, the Company's highest official, both Smith and Watts have supervision over the men on their respective shifts though they both spend some of their time on production work 4 Neither man has the power to hire or discharge independently of Quick's approval, nevertheless both appear to have effective power to recommend such action. They can transfer men from one job to another, change their shifts and recom- mend disciplinary action which, as a general rule, is followed by the Company. From the foregoing facts, it is clear that both Smith and Watts are supervisors within the Board's usual definition. Accord- ingly, we shall exclude them, as such, from the appropriate unit. We find that all production ind maintenance employees of the Com- pany, excluding office and clerical employees and supervisory eni- ployees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively rec- ommend 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 representation which has arisen be resolved by an election by secret ballot among employees 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 Rela- tions 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 Quick Industries, Incorporated, Jackson, 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 4 It appears that Smith is paid on a fixed salary basis with no extra compensation for overtime while watts, by his own choice, is paid on an hourly basis with time and one-half for overtime. - We approve the stipulation of the parties that certain regular part -time employees shall be eligible to vote in the election. QUICK INDUSTRIES, INCORPORATED 763 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 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 tempo- rarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but ex- cluding 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 they desire to be represented by Inter- national Association of Machinists, Lodge 1515, District 117, or by District 29, United Steelworkers of America, C. I. 0., for the purposes of collective bargaining, or by neither. CHAIRMAN HERZOG took no part in the consideration of the above Decision and Direction of Election.