Kelsey Hayes Wheel Co.

In the Matter of KELSEY HAYES WHEEL COMPANY and LOCAL 670, INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, A. F. L. Case No. R4^?76.Decided February 17, 1941 Jurisdiction : stran steel manufacturing industry. Investigation and Certification of Representatives : existence of question: con- flicting claims of rival representatives; election necessary. Unit Appropriate for Collective Bargaining : all hourly or piece-rated employees at one of the Company's plants, including maintenance, shipping and receiv- ing room, and boilerroom employees, inspectors, and firemen, but excluding foremen, office employees, and watchmen. Mr. Rockwell T. Gust, of Detroit, Mich., for the Company. Mr. Wm. L. Thorp, of Detroit, Mich., for the U. A. W.-A. F. L. Mr. Jack M. Tucker, of Detroit, Mich., for the U. A. W.-C. I. O. - Mr. Louis Cokin, of counsel to the Board. DECISION . AND DIRECTION OF ELECTION STATEMENT OF THE CASE On November 20, 1940, Local 670, International Union, United Automobile Workers of America, A. F. L., herein called the U. A. W.- A. F. -L., filed a petition with the Regional Director for the Seventh Region (Detroit, Michigan) alleging that a question affecting com- merce had arisen concerning the representation of employees of Kel- sey Hayes Wheel Company, Jackson, Michigan, herein called the Company, and requesting an investigation and certification of rep- resentatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On January 15, 1941, the National Labor Relations Board, herein called the Board, acting pur- suant to Section 9 (c) of the Act and Article III, Section 3, of Na- tional Labor Relations Board Rules and Regulations.-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 29 N L R B, No. 118. 735 -736 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On January 20, 1941, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the UAW- AFL and International Union, United Automobile Workers of America, C. I. 0., herein called the UAW-CIO, a labor organiza- tion claiming to represent employees directly affected by the inves- tigation. Pursuant to notice, a hearing was held on January 27, 1941, at Jackson, Michigan, before Oscar Grossman, the Trial Exam- iner, duly designated by the Board. The Company, the UAW- AFL, and the UAW-CIO were represented by counsel and partici- pated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses; and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objec- tions to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSIN ESS OF THE COMPANY Kelsey Hayes Wheel Company is a Delaware corporation operat- ing two plants at Detroit, Michigan, and one at Jackson, Michigan. Its plant at Jackson, Michigan, with which we are here concerned, is engaged in the manufacture of stran steel. The Company pur- chases raw materials valued at about $750,000 annually for use at its Jackson plant, approximately 15 per cent of which is shipped to it from points outside the State of Michigan. The Company's sales of products manufactured at its Jackson plant amount to about $125,000'-monthly, approximately 90 per cent of which represents goods shipped by it to points outside the State of Michigan. The Company employs approximately 300 employees at its Jackson plant. The Company admits that its Jackson plant is engaged in commerce within the meaning of the Act. IT. THE ORGANIZATION S INVOLVED Local 670, International Union, United Automobile Workers of America, is a labor organization affiliated with the American Federa- tion of Labor. It admits to membership employees at the Jackson plant of the Company. International Union, United Automobile Workers of America, is a labor organization affiliated with the Congress of Industrial Organ- izations, admitting to membership employees at the Jackson plant of the Company. KELSEY HAYES WHEEL COMPANY 737 III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to recognize either the UAW-AFL or the UAW-CIO as the exclusive representative of its employees until such time as one or the other is certified by the Board. A,statement of the Regional Director introduced in evidence shows that- the UAW-AFL represents a substantial number of employees in the unit alleged by it to be appropriate.) We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION- UPON COMMERCE We find that the question concerning 'representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a , close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Company, the UAW-AFL, and the UAW-CIO agreed at the hearing that the appropriate unit should consist of all-hourly or piece- rated employees at the Jackson plant of the Company, including maintenance, shipping and receiving room, and boilerroom employees, inspectors, and firemen, but excluding foremen, office employees, and watchmen. We see no reason for departing-from such unit. We find that all hourly or piece-rated employees at the Jackson plant of the Company, including maintenance, shipping and receiving room, and boilerroom employees, inspectors, and firemen, but exclud- ing foremen, office employees, and watchmen, constitute a unit appro- priate-for the purposes of collective bargaining, and that such unit will insure to employees of the Company the full benefit of their right to self-organization and to, collective bargaining and otherwise effec- tuate the policies of the Act. ' VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation of employees of the Company can best be resolved by an election by secret ballot. 1 The ,Regional Director 's statement shows that 147 employees whose names appear on the Company 's pay roll of January 3, 1941 , have signed membership application cards in the UAW-AFL. These cards were dated between October 1, 1940, and January 1, 1941 The Regional Director further reported that 31 employees whose names appear on the Company's pay roll of January 3, 1941, have signed membership application cards in the UAW-CIO These cards were dated between October 1, 1940, and January 1, 1941. There are approximately 250 employees in the alleged appropilate unit. 738 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The parties agreed at the hearing that in the event the Board directed an election, eligibility of employees to vote should be determined by the Company's pay roll for the week ending January 25, 1941. We find that the employees of the Company eligible to vote in the election shall be those in the appropriate unit whose names appear on the Company's pay roll for the week ending January 25, 1941, including employees who did not work during such pay-roll period because they were ill or on vacation and employees who were then or have since been temporarily laid off, but excluding employees who have since quit or been discharged for cause. The UAW-CIO requested that it appear on the ballot as "Local 62 of the International Union, in the United Automobile Workers of America, affiliated with the CIO, and International Union, United Automobile Workers of America, affiliated with the CIO." The request is hereby granted. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Kelsey Hayes Wheel Company, Jackson, Michigan, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All hourly or piece-rated employees at the Jackson plant of the Company, including maintenance, shipping and receiving room, and boilerroom employees, inspectors, and firemen, but excluding foremen, office employees, and watchmen, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) ,of the National Labor Relations Act. 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 8, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives ,for the purposes of collective bargaining with Kelsey Hayes Wheel Company, Jackson, Michigan, an election by secret ballot shall be conducted as soon as possible, but not later than thirty (30) days from the date of this Direction, under the direc- tion 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, Section 9, of said Rules and Regulations, KELSEY HAYES WHEEL COMPANY 739 among all hourly or piece-rated employees at the Jackson plant of the Company whose names appear on the Company's pay roll for the week ending January 25 , 1941, including maintenance, shipping and receiving room, and boilerroom employees , inspectors, firemen, em- ployees who did not work during such pay-roll period because they were ill or on vacation, and employees who were then or have since been temporarily laid off, but excluding foremen, office employees, watchmen , and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Local 670, International Union, United Automobile Workers of America, affiliated with the American Federation of Labor, or by Local 62 of the International Union, in the United Automobile Workers of America, affiliated with the C. I. 0. and International Union, United Automobile Workers of America, affiliated with the C. I. 0., for the purposes of collective bargaining, or by neither. 413602-42-vol. 29-48