Light Metals Corp.

In the Matter of LIGHT METALS CORPORATION, EMPLOYER and LOCAL 415, INDUSTRIAL WORKERS UNION, UPHOLSTERERS INTERNATIONAL UNION OF NORTH AMERICA, AFL, PETITIONER Case No. 7-R-2 33.Decided January 00, 194.7 Mr. Stephen F. Dunn, of Grand Rapids, Mich., for the Employer. Mr. Joseph M. Jacobs, of Chicago, Ill., for the Petitioner. Messrs. Maurice Sugar and Morton A. Eden, of Detroit, Mich., and Mr. Harry Weinstock, of New York City, for the Intervenor. Mr. Henry W. de Kozmian, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Grand Rapids, Michigan, on October 24, 1946, before Harold A. Cranefield, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER Light Metals Corporation is a Michigan corporation engaged in extruding and fabricating aluminum at its plant in Grand Rapids, Michigan. During the representative first 6 months of 1946 the Em- ployer purchased raw materials valued in excess of $15,000, of which approximately 50 percent was shipped to the Employer from points outside the State of Michigan. During the same period the Employer sold products valued in excess of $100,000, of which approximately 75 percent was shipped by the Employer to points outside the State of Michigan. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. 72 N. L. R. B., No. 40. 214 A LIGHT METALS CORPORATION II. THE ORGANIZATIONS INVOLVED 215 The Petitioner is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. Local 415, United Furniture Workers of America, herein called the Intervenor, is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. I III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT In substantial accordance with the stipulation of the parties, we find that all production and maintenance employees of the Employer's plant in Grand Rapids, Michigan, excluding office and clerical em- ployees, superintendents, foremen, and all other supervisory employees with authority to hire, promote, 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. TIIE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot, subject to the limitations and additions set forth in the Direction.2 'On January 10, 1946, the Employer and the Intervenor executed a contract which provided that it was to remain in effect until January 10, 1947, and from year to year thereafter in the absence of notice of a desire to change or terminate given by either party 30 days prior to January 10, 1947, or any subsequent anniversary date. The 1946 agree- ment has not been raised as a bar to an election 2 The Intervenor urged that no election be directed until the Board disposes of unfair labor practice charges filed by the Intervenor against the Employer (Case No 7-C-1663) Since the Regional Director has refused to issue a complaint based on these charges, and the Board has sustained the Regional Director's action, we see no reason to delay a deter- mination of representatives. 216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Light Metals Corporation, Grand Rapids, Michigan, an election by secret ballot shall be con- ducted 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 Sec- tions 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4, among the 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 temporarily laid off, and in- cluding employees in the armed forces of the United States who jjresent themselves in person at the polls, but excluding those employees who have since quit or been discharged for cause and have not been re- hired or reinstated prior to the date of the election, to determine whether they desire to be represented by Local 415, Industrial Workers Union, Upholsterers International Union of North America, AFL, or by Local 415, United Furniture Workers of America, CIO, for the purposes of collective bargaining, or by neither. 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