Knape and Vogt Manufacturing Co.

In the Matter Of KNAPE AND VOGT MANUFACTURING Co. and INTERNA- TIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW-CIO) Case No. 7-R-2044.-Decided January 5, 1946 Messrs. Stephen F. Dunn and Joseph T. Knape, both of Grand Rap- ids, Mich., for the Company. Mr. David R. Sherwood , of Grand Rapids, Mich., for the Union. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Union, United Auto- mobile, Aircraft and Agricultural Implement Workers of America, (UAW-CIO), herein called the Union, alleging that a question af- fecting commerce had arisen concerning the representation of employ- ees of Knape and Vogt Manufacturing Co., Grand Rapids, Michigan, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Meyer D. Stein, Trial Examiner. The hearing was held at Grand Rapids, Mich- igan, on September 5, 1945. The Company and the Union appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence 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: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Knape and Vogt Manufacturing Co., a Michigan corporation with its principal office and place of business in Grand Rapids, Michigan, is engaged in the manufacture of airplane webs, gun clips, plates, shelf- 65 N. L. R. B., No. 41. 200 KNAPE AND VOGT MANUFACTURING CO. 201 brackets and show case fixtures. During the year 1944, the Company purchased materials, supplies, and equipment valued in excess of $452,000, of which approximately 25 percent was shipped from points outside the State of Michigan. During the same period, the Company manufactured and sold finished products valued in excess of $1,200,000, of which approximately 50 percent was shipped to points outside the State of Michigan. The current business operations of the Company are substantially the same as for the year 1944. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED International Union, United Automobile, Aircraft and Agricul- tural Implement Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees until the Union has been certified by the Board in an appropriate unit. A statement-of a Board agent, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate.' 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 Substantially in accordance with the agreement of the parties at the hearing, we find that all production and maintenance employees of the Company at its Grand Rapids, Michigan, plant, excluding all office, clerical, and sales employees, and all 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. 41 I A Field Examiner reported that the Union submitted 28 application cards bearing the names of employees listed on the Company's pay roll of June 27, 1945. There are between 75 and 90 employees in the appropriate unit. 202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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. There is pending before the Board a proceeding against the Com- pany upon charges alleging unfair labor practices, including, inter alia, the alleged discriminatory discharge of certain employees of the Company.2 The Union, however, desiring an early election, has formally waived the right to protest an election in this proceeding on any grounds set forth in the unfair labor practice case. Accordingly, we shall not postpone the election pending a determination of the un- fair labor practice charges. In the event that the Company is found hereafter to have engaged in unfair labor practices in discharging employees named in the charges, or any amendment thereof, and the Board orders their reinstatement, their continuing employee status will have been established. We shall, therefore, in accordance with our usual practice in this respect, permit employees named in the charges, or any amendment thereof, to-cast their ballots in the elec- tion; their ballots, however, shall be segregated and we shall defer ruling as to their validity.3 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 representa- tives for the purposes of collective bargaining with Knape and Vogt Manufacturing Co., Grand Rapids, Michigan, an election by secret ballot shall be conducted as early as possible, but not later than sixty (60) 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 Article III, Sections 10 and 11, of said Rules and Regula- tions, 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 vaca- Case No. 7-C-1400. See Matter of Burton-Dixie Corporation, 48 N. L. A. B. 543. KNAPE AND VOGT MANUFACTURING CO. 203 tion 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 those employees who have since quit or been dis- charged 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 rep- resented by International Union, United Automobile, Aircraft and Agricultural Implement Workers of America (UAW-CIO), for the purposes of collective bargaining. 0