John Wood Manufacturing Co., Inc.

In the 'Matter of JOHN WOOD MANUFACTURING COMPANY, INC. BEN- NETT Pumps DIVISION and LOCAL 814, INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, C. I. O. In the Matter of JOHN WOOD MANUFACTURING COMPANY, INC. BEN- NETT PUMPS DIVISION awl INTERNATIONAL ASSOCIATION OF MACHINISTS, LODGE No. 670 Cases Nos. R-7844 and R-2785.-Decided September 5, 1941 Jurisdiction : service station equipment manufacturing industry. Investigation and Certification of Representatives : existence of question: parties stipulated that the Company refused to accord recognition to either union unless it was certified by the Board ; organization whose unit conten- tions not upheld placed on ballot with permission to withdraw its name upon request; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance -em- ployees, toolroom and machine repairmen, truck drivers, and shipping- department employees, excluding executives, foremen, employees wth authority to hire or discharge, clerical employees, watchmen, time-study men, engineers, and salaried employees; separate departmental unit comprising employees of the toolroom and machine-repair department held inappropriate. ,Mr. Guy George Gabrielson, of New York City, and Mr. Clarence Sessions, of Muskegon, Mich., for the Company. Mr. Leonard Woodcock, of Muskegon, Mich., for the U. A. W. Mr. Carl Cederquist, of Grand Rapids, Mich., for the I. A. M. Mr. Marvin C. Wahl, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On April 1, 1941, Local 814, International Union, United Auto- mobile Workers of America, C. I. 0., herein called the U. A. W., filed with the Regional Director for the Seventh Region (Detroit, Mich- igan) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of John Wood 35 N L R B, No. 42 191 192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Manufacturing Company, Inc. Bennett Pumps Division, Mus- kegon Heights, Michigan, herein called the Company, and requesting an investigation and certification of representatives pursuant to Sec- tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On April 4, 1941, International Association of Ma- chinists, Lodge No. 670, herein called the I. A. M., filed a similar petition with the Regional Director. On July 11, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation in each case and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice, and, acting pursuant to Section 10 (c)' (2) of said Rules and Regulations, ordered that the cases be consolidated. On July 17, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the U. A. W., and the I. A. M. Pursuant to notice, a hearing was held on July 23, 1941, at Muskegon, Michigan, before Harry N. Casselman, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the U. A. W., and the I. A. M. were represented by counsel, and participated 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 rulings on motions and on objections 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, except as appears below, are hereby affirmed. On August 7, 1941, the I. A. M. filed a brief which the Board has considered. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY John Wood Manufacturing Company, Inc. Bennett Pumps Divi- sion, is a Delaware corporation, engaged in the manufacture and sale of service-station equipment including Bennett gasoline pumps, Eco tire-inflating devices, Highboy liquid' dispensing units, lubricat- ing-oil dispensers, and grease dispensers. The Company purchases raw and processed materials of an average value of $5,000 per month. From January 1, 1940, to June 1, 1941, approximately 75. per cent of these materials were purchased from sources outside the State of Michigan. During the same period, approximately 97 per cent JOHN WOOD MAN'UFACTUI3.ING COMPANY, INC. 193 of the finished products of the Company were shipped to consumers outside the State of Michigan. The value of the products manufac- tured and sold by the Company in that period was in excess of $340,000 per month. The Company admits that it is engaged in commerce within the meaning of the Act. H. THE ORGANIZATIONS INVOLVED Local 814, International Union, United Automobile Workers of America, is a labor organization affiliated with the Congress of In- dustrial Organizations, admitting to membership employees of the Company. International Association of Machinists, Lodge No. 670, is a labor organization affiliated with the. American Federation of Labor, ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The parties stipulated that a question concerning representation had arisen by reason of the requests of the U. A. W. and the I. A. M. for recognition as collective bargaining representative of the Com- pany's employees in the unit claimed appropriate by each, and the refusal of the Company to recognize either organization unless and until it is certified by the Board. A statement by the Regional Director introduced at the hearing and a statement in the record by the Trial Examiner show that the U. A. W. and the I. A. M., respectively, represent a substantial num- ber of employees in the units which they allege to be appropriate., We find that a question has arisen concerning the representation of employees of the Company. 1 The Regional Director's statement shows that the U. A. W. submitted 143 membership- application cards dated between February 10 and March 15, 1941, all of which bore apparently genuine signatures of persons on the Company's June 1, 1941 , pay roll. The I. A. M. did not submit any evidence of representation to the Regional Director , but the Trial Examiner admitted in evidence a statement by its financial secretary which named six employees of the Company's toolroom as members in good standing . The Trial Examiner stated that only five of the six names appeared on the Company's July 4, 1941, pay roll with which it was compared , but the I. A M declared that all six were employed by the Company at the date of the hearing. An application card was also submitted in_ evidence which set forth that the signatory, an apprentice tool and die maker, desired to be represented by the I. A. M His name also appeared on the Company's July 4, 1941, pay roll . It further appeared that on July 4, 1941, the Company employed 343 persons in the unit which the U. A W. claims to be appropriate and 25 or 26 in the unit requested by the I. A., M. The U. A. W. objected to the admission in evidencee of the aforementioned statement of the I. A. M. on the ground that it did not constitute sufficient evidence of representation . The motion , having been referred to the Board, is hereby denied 194 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 1V. 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 and the U. A. W. contend that all production and maintenance employees, toolroom employees and machine repairmen, truck drivers, and shipping-department employees of the Company, excluding executives, foremen, employees with authority to hire and discharge, clerical employees, watchmen, time-study men, engineers, and salaried employees constitute an appropriate bargaining unit. The I. A. M. contends that all employees in the toolroom and ma- chine-repair department engaged in any branch of the machinists' trade or servicing machines or tools, excluding supervisory, clerical, and engineering employees, constitute an appropriate unit, but does not otherwise dispute the appropriateness of the unit claimed by the Company and the U. A. W.2 The evidence shows that in 1940 the I. A. M. requested the Com- pany to bargain with it on the basis of two units, (1) a unit com- posed of tool, die, and maintenance employees, and (2) a unit consisting of the remaining production employees.3 The Company refused to acknowledge such units as appropriate and an election was held on April 3, 1940, on the basis of an all-plant unit pursuant to an agreement between the I. A. M. and the Company.4 The parties 2 At one point in the hearing the I. A M. urged that an appropriate unit consisted of all tool and die makers and machine repairmen in the plant It appears that there are some welders making their own tools in the tank department of the plant Later, how- ever, and in its brief , the I A M contended that it represented all tool and die makers and machine repairmen in the toolroom and machine repair department . Except for this Inconsistent statement , It seems clear that the I. A M. desires a departmental unit rather than one covering the tool makers and machinists throughout the plant 3A petition for investigation and certification of representatives on such a basis was filed with the Regional Director of the Seventh Region by the I. A. M 4 At the hearing, the I. A. M . offered in evidence a letter, dated March 15, 1940, and written prior to the afore-mentioned consent election, addressed to the Regional Director of the Seventh Region . In that letter It was stated that while the I. A. M agreed to vote on the plant-wide unit in order to end the delay and expedite the election, it Insisted upon the appropriateness of the two units The letter further stated that the 1. A M abandoned its position only for the purpose of the consent election and that if successful , it would establish two units in collective bargaining with the Company The Trial Examiner , upon objection , refused to admit the letter in evidence but allowed it to remain as a rejected exhibit. The ruling is hereby reversed and the letter is admitted in evidence - JOHN WOOD MANUFACTURING COMPANY, INC. 195 agreed to abide by the results of the election for 1 year. The I. A. M., the only union involved, was defeated and the petition previously filed with the Board was dismissed. The U. A. W. claims that the unit requested by the I. A. M. is not appropriate because the work of the tool room and machine repair department is integrated with and cannot be separated from the work of the other departments. The record shows that the employees in the toolroom and machine-repair departments have many duties which involve production work. It also shows that many produc- tion employees do some of their own tooling and, in some respects, have acquired skill comparable to that of the toolroom employees. The welders in the tank department make some of their own tools. There appears to be considerable interchange of personnel from job to job. In the toolroom and machine-repair department, the em- ployees make dies and fixtures, repair and operate- machines and punch presses, and do production work. It, was estimated by a witness for the Company that 25 per cent of the time of the toolroom and machine-repair employees is expended in the making of dies and 75 per cent of their time is employed in operating presses, maintenance of tools, machinery, and fixtures, and doing production work. Ma- chinists and production workers use the jigs and fixtures made by the tool makers. Under all the circumstances, we are of the opinion that the work of the employees of the toolroom and machine-repair department is so closely interrelated and connected with the work of the production employees that the unit for which the I. A. M. contends does not constitute an appropriate unit. Accordingly, we find that all pro- duction and maintenance employees, toolroom and machine repair- men, truck drivers, and shipping-department employees of the Com- pany, excluding executives, foremen, employees with authority to hire and discharge, clerical employees, watchmen, time-study men, engineers, and salaried employees, constitute a unit appropriate 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 effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election, by secret ballot. We shall permit the name of the I. A. M. to appear upon the ballot with the U. A. W. If, however, the I. A. M. desires not to appear on the ballot, it shall notify the Regional Director to that effect 431270-42-N of ,5--14 196 DECISIONS OF NATIONAL LABOR RELATIONS BOARD within five (5) days after the receipt of this Decision and Direction of Election; thereupon its name shall be omitted from the ballot. in accordance with the desires of the parties and our usual practice, we shall direct that those eligible to vote in the election shall be the employees within the appropriate unit who were employed by the Company during the pay-roll period immediately preceding the date of the Direction of Election, subject to such limitations and additions as are set forth in the Direction. 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 John Wood Manufacturing Company, Inc. Bennet Pumps Division, Muskegon Heights, Michigan , within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees , toolroom and ma- chine repairmen , truck drivers , and shipping -department employees of the Company , excluding executives, -foremen, employees with au- thority to hire and discharge , clerical 'employees, watchmen, time- study men, engineers, and salaried employees, 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 Re- lations Act and pursuant to Article III, Section 8, of National Labor Relations 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 John Wood Manufacturing Company, Inc. Bennett Pumps Division, Muskegon Heights, 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 of Election, under the direction and supervision of the Regional Director for the Seventh• Region, acting in this matter as agent for the National Labor Re- lations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all production and maintenance employees employed by the Company during the pay-roll period immediately JOHN WOOD MANUFACT'U'RING COMPANY, INC. 197 preceding the date of this Direction of Election, including toolroom and machine repairmen, truck drivers and shipping-department em- ployees and employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States or temporarily laid off, but excluding executives, foremen, employees with authority to hire and discharge, clerical employees, watchmen, time-study men, engineers, and salaried employees, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Local 814, International Union, United Automobile Workers of America, C. I. 0., or by International Association of Machinists, Lodge No. 670, for the purposes of collective bargaining, or by neither.