The Murray Corp. of America

In the Matter of THE MURRAY CORPORATION OF AMERICA ( EGORSE PLANT ) and MURRAY ECORSE SUPERVISORS' ASSOCIATION ( UNAFFITd- ATED) Case No. R-41731 SUPPLEMENTAL DECISION AND ORDER July 6, 1943 On February 24, 1943, the Board issued a Decision and Direction of Elections in the above-entitled proceeding.' Upon motion by the Company for a reconsideration of that Decision, filed on March 25, 1943, the Board ordered that the scheduled elections proceed but that the ballots be impounded and not counted pending further decision of the Board. Thereafter, on April 6, 1943, oral argument upon the motion was had before the Board in Washington, D. C. The Com- pany, the Union, and International Association of Machinists and Foremen's Association of America, as amici curiae, appeared and par- ticipated in the oral argument before the Board. Subsequently the Company and Foremen's Association of America submitted briefs which the Board has considered. Upon the entire record in the case, the Board makes the following supplemental findings of fact which, to the extent that they are in- consistent therewith, supersede the findings made in the Decision is- sued February 24, 1943. SUPPLEMENTAL FINDINGS OF FACT I. THE ALLEGED APPROPRIATE UNITS In its Decision, the Board found that (1) all department super- visors, (2) all shift supervisors, and (3) all section supervisors em- ployed by the Company constituted separate units appropriate for the purposes of collective bargaining. The duties of these employees; set forth in the Decision, clearly indicated that they are supervisory em- ployees. For reasons set forth in The Maryland Dry Dock Company ? 47 N. L. R. B. 1003. 51 N. L. R. B., No. 23. 94 THE MURRAY CORPORATION OF AMERICA 95 case,' we find that the department, shift, and section supervisors do not constitute units appropriate for the purposes of collective bar- gaining. We accordingly reverse the prior decision and find that no question affecting commerce has arisen concerning the representation of employees of the Company in appropriate bargaining units. The petition will therefore be dismissed.3 ORDER Upon the basis of the foregoing supplemental findings of fact, and upon the entire record in the case, the National Labor Relations Board hereby orders that the petition for investigation and certifica- tion of representatives of employees of The Murray Corporation of America, Detroit, Michigan, filed by Murray Ecorse Supervisors' As- sociation (Unaffiliated) be, and it hereby is, dismissed. CHAIRMAN HARRY A. MILLIS, dissenting : For the reasons stated in the first majority decision in this case, issued February 24, 1943, and in my dissenting opinion in The Mary- land Dry Dock Company case, filed May 20, 1943, I dissent from the present finding that the three separate units of department, shift, and section supervisors are not appropriate. 2 Matter of The Maryland Dry Dock Company and Local No. 31 of the Industrial Union of Marine & Shipbuilding Workers of America, 49 N. L. R. B. 733. s Since we have found the bargaining units sought to be established by the Union in- appropriate, we hereby order the Regional Diiector not to open and count the ballots cast and impounded in the election held on March 25, 1943.