Shakespeare Co.

In the Matter of SHAKESPEARE COMPANY AND SHAKESPEARE PRODUCTS COMPANY and UNITED STEELWORKERS OF AMERICA-CIO Case No. 7-R-2090.-Decided January 10, 1946 Mr. C. N. Sessions, of Muskegon, Mich., and Mr. Henry Shake- speare, for the Companies. Mr. Chas. L. Cowl, of Kalamazoo, Mich., for the Union. Mr. A. Summer Lawrence, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Steelworkers of America- CIO, herein called the Union, alleging that a question affecting com- merce had arisen concerning the representation of employees of Shakespeare Company and Shakespeare Products Company, Kala- mazoo, Michigan, herein collectively called the Companies, the Na- tional Labor Relations Board provided for an appropriate hearing upon due notice before Sylvester J. Pheney, Trial Examiner. The hearing was held at Kalamazoo, Michigan, on October 11, 1945. The Companies and the Union appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-ex- amine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudi- cial error ind are hereby affirmed. All parties were afforded an 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 COMPANIES Shakespeare Company and Shakespeare Products Company are Michigani corporations- having their principal offices and places of business in Kalamazoo, Michigan. Shakespeare Products Company is a wholly owned subsidiary of Shakespeare Company and the man- 65 N. L. R. B., No. 66 361 362 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ufacturing operations of both are conducted in the same plant in Kal- amazoo, Michigan. They are engaged in the manufacture of fishing tackle and also war materials for use of the United States Army Air Force. The Companies stipulated at the hearing that their operations necessitated the shipment of substantial amounts of aluminum, brass, and steel to the plant from points outside Michigan, and the ship- ment from their plant of substantial quantities of finished products to points outside Michigan. The Companies admit, and we find, that they are engaged in com- merce within the meaning of the National Labor Relations Act. We further find that their operations constitute a single integrated enter- prise affecting commerce within the meaning of the Act II. THE ORGANIZATION INVOLVED United Steelworkers of America, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to mem- bership employees of the Companies. III. THE QUESTION CONCERNING REPRESENTATION The Companies have refused to grant recognition to the Union as the bargaining representative of their production and maintenance employees until it has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found appropriate.' We find that a question affecting commerce has arisen concerning the representation of employees of the Companies within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, substantially in accord with an agreement of the parties, that all production and maintenance employees of the Companies at the Kalamazoo, Michigan, plant, excluding salaried and office em- ployees, plant protection employees, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend I See Matter of Shakespeare Products Company and Shakespeare Company, 48 N. L. R. B 1243. 2 The Field Examiner reported that the Union submitted 193 membership and authori- zation cards ; that 124 were undated, 9 dated April 1945, 51 dated May 1945, and 9 dated June 1945 ; and that there are 500 employees in the unit alleged to be appropriate. The record indicates , however, that there are approximately 435 employees in the unit herein- after found appropriate SHAKESPEARE COMPANY 363 such action, constitute a unit appropriate for the purposes of collec- tive 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 the em- ' ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tion 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 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 Shakespeare Com- pany and Shakespeare Products Company, Kalamazoo , 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 the Regional Director for the Seventh Region, acting in this matter as agent of the National Labor Relations Board and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the employees in the unit found appro- priate 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 the said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present them- selves in person at the polls, but excluding those employees who have since quite or been discharged 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 represented by United Steelworkers of America- CIO, for the purposes of collective bargaining.