Detroit Michigan Stove Co.

e In the Matter of DETROIT MICHIGAN STOVE COMPANY and INTERNA- TIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORx its or AMERICA, UAW-CIO, LOCAL 771 Cases Nos. R-5309 and B-53,30.-Decided July 15, 19.43 Mr. Max Rotenberg, for the Board. Hill, Hambler, Essery & Lewis, by Mr. Richard A. Forsyth, of Detroit, Mich., and Mr. John H. Fry, of Detroit, Mich., for the Company. Messrs. Maurice Sugar and N. L. Smokler, of Detroit, Mich., for the C. I. O. ' Mr. N. D. Smith, of Cincinnati, Ohio, and Mr. Lester Campbell, of Detroit, Mich., for the A. F. of L. Mr. A. Sumner Lawrence, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon petitions duly filed by International Union, United Auto- mobile, Aircraft and Agricultural Implement Workers of America, UAW-CIO, Local 771, herein called the C. I. 0., alleging that ques- tions affecting commerce had arisen concerning the representation of -employees of Detroit Michigan Stove Company, Detroit, Michigan, herein called the Company, the National Labor Relations Board pro- vided for an appropriate consolidated hearing upon due notice before Bernard Cushman, Trial Examiner. Said hearing was held at Detroit, Michigan, on May 11, 1943. The Company, the C. I. 0., and Interna- tional Molders and Foundry Workers Union of North America (AFL), herein called the A. F. of L. appeared, participated, and 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 for filing briefs with the Board. 51 N. L. R. B., No. 72. 347 .348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD O Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY O Detroit Michigan Stove Company, a Michigan corporation, has its principal office-and place of business in Detroit, Michigan, where it operates two plants, the only plants involved in these proceedings. In one of these plants the Company manufactures automobile fenders and stoves for the United States Government. , In the other plant it is engaged in the heat treating and fabricating of armor, plate, also for the United States Government. During the fiscal year ending July 1942, the Company used at its plant No. 1, raw materials valued at approximately $2,284,000, of which approximately 90 percent was obtained from sources outside the State of Michigan. During the same period, the Company Manu- factured at its No. 1 plant finished products of the value of approxi- mately $5,637,000, of which 82 percent was sold and shipped to points in States other than the State of Michigan. During the period from September 1, 1942, to February 1, 1943, the Company used at its No.-2 plant raw materials valued at approxi- mately $930,000, of which approximately 90 percent was obtained from sources outside the State of Michigan. During the same period, the Company manufactured at its No. 2 plant finished products of the value of approximately $1,723,000, all of which were sold and shipped to points in States other than the State of Michigan. II. THE ORGANIZATIONS INVOLVED International Union, - United Automobile, Aircraft and Agricul- tural Implement Workers of America, UAW-CIO, Local 771, is a labor organization affiliated with the Congress of Industrial Organi- zations, admitting to membership employees of the Company. International Molders and Foundry Workers Union of North America is a labor organization affiliated with the American Federa- tion of Labor, admitting to membership employees of the Company. III. THE ALLEGED QUESTIONS CONCERNING REPRESENTATION On February 1, 1943, the C. I. O. advised the Company by letter that it represented a majority of the production and maintenance employees of the Company's No. 2 plant and requested recognition as their exclusive bargaining representative. Prior thereto the Com- pany and the A. F. of L. had entered into an exclusive bargaining agreement covering the employees of both plants of the Company. The Company replied to the C. I. O.'s request for recognition that it would not recognize the latter's claim to represent the employees DETROIT MICHIGAN STOVE COMPANY 349 of plant No. 2, and at the hearing stated that it also refused to recognize the C. I. O. for employees at Plant No. 1, unless and until ,,the C. I. O. had been certified by the Board. The A. F. of L. urges its contract with the Company as a bar to the present proceedings. The contract is for the period of 1 year from December 23, 1942, and thereafter from year to year unless terminated by written notice given 30 days prior to the expiration date in any specified year. At the hearing, the C. I. O. contended that the contract was invalid and should not operate as a bar in the present instance upon the ground that it did not appear that, at the time the contract was entered into, the A. F. of L. represented a majority of employees of the Company in the unit agreed upon by the Company and the A. F. of L. However, there was introduced at the hearing no competent evidence 1 tending to establish that the A. F. of L. lacked majority representation among the employees of the Company upon the date of the execution of the contract in question. While we do not at the present time decide what would have been the result had such evidence clearly appeared in the record, we are of the opinion that the customary presumption of regularity and validity of con- tracts is controlling in the present instance. Since it does not appear that the C. I. O. made any claim of repre- sentation to the Company or that the latter was otherwise put on notice of the interest of the C. I. O. with respect to the Company's employees prior to the execution of the contract with the A. F. of L., we find that the contract constitutes a bar to the present proceedings. We shall, accordingly, dismiss the petitions filed by the C. I. O. This dismissal, however, shall not prejudice the right of the C. I. O. to file a new petition at a reasonable time before the expiration of the existing contract. ORDER Upon the basis of the foregoing findings of fact and upon the entire record in the case, the National Labor Relations Board hereby orders that the petitions for investigation and certification of representatives of employees of Detroit Michigan Stove Company, Detroit, Michigan, filed by International Union, United Automobile, Aircraft and Agri- cultural Implement Workers of America, UAW-CIO, be, and they hereby are, dismissed. I The C. I. O. offered in evidence certain petitions alleged to have been signed by em- ployees of the Company and stating that the signers had never authorized the A . F. of L. to represent them in the negotiation of its contract with the Company. The petitions were, however, unaccompanied by any evidence tending to establish the authenticity of the signa- tures thereon. Nor is there any evidence, assuming the signatures to be authentic, that they constitute a majority of the employees in the unit covered by the contract , as of the time it was made. Under such circumstances, it is clear that the proffered evidence was clearly incompetent and was rightly rejected by the Trial Examiner.