General Fire Truck Corp.

In the Matter of GENERAL FIRE TRUCK CORPORATION and INTER- NATIONAL UNION, ^ UNITED AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH THE C. I. O. Case No. B-2797.-Decided August 22,1941 Jurisdiction : fire truck, fire extinguisher, and allied products manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition; extension of contract with rival organiza- tion after notice of claim of petitioning union and after petition filed, no bar to ; election necessary. Unit Appropriate for Collective Bargaining : hourly and piece-work production employees, including salaried employees performing mechanical and produc- tion work, janitors, maintenance men, and truck drivers; excluding clerical and office employees, foremen, assistant foremen, supervisory employees, clean-up man, and shipping clerks. Mr. Lewis Daniels, by Mr. A. A. Cltalfn, of Detroit, Mich., for the Company. Mr. Maurice Sugar and Mr. Jack N. Tucker, of Detroit, Mich., for the U. A. W. Mr. Lewis F. Brady, of Detroit, Mich., for the M. E. S. A. Miss Marcia Hertzinark, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On March 6, 1941, International Union, United Automobile Work- ers of America, affiliated with the C. I. 0., herein called the U. A. W., filed with the Regional Director for the Seventh Region (Detroit, Michigan) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of General Fire Truck Corporation, Detroit, Michigan, herein called the Com- pany, and requesting an investigation and certification of represent- atives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On July 11, 1941, the Nation al Labor Relations Board, herein called the Board, acting pursuant to 34 N. L. R. B., No. 94. 745 GENERAL FIRE TRUCK CORPORATION 749 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 and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On July 18, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the U. A. W., and the Mechanics Educational Society of America, herein called the M. E. S. A., a labor organization named in the petition as claiming to represent employees of the Company. Pursuant to notice, a hear- ing was held on July 25, 1941, at Detroit, Michigan, before Harry N. Casselman, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the U. A. W., and the M. E. S. A. were represented by counsel and participated in the hearing. Full oppor- tunity to be heard, to examine and cross-examine witnesses, and to in- troduce 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 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 are herchv affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY General Fire Truck Corporation, a Michigan corporation with its principal office and plant at Detroit, Michigan, is engaged in the manufacture of fire trucks, fire extinguishers, fire-hose couplings, and allied products. The Company uses a variety of raw materials, in- cluding copper, brass, and steel, approximately 70 per cent of which is shipped from points outside the State of Michigan to the Com- pany's Detroit plant. During the year 1940 the total sales of the Company amounted to approximately $750,000. About 68 per cent of the finished products of the Company are shipped outside the State of Michigan. The Company employs approximately 175 persons. II. THE ORGANIZATIONS INVOLVED International Union, United Automobile Workers of America, is a labor organization affiliated with the Congress of Industrial Organi- zations, admitting to membership employees of the Company. Mechanics Educational Society of America is an unaffiliated labor organization, admitting to membership employees of the Company. 750 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION By letter dated February 28, 1941, the U. A. W. informed the Company that it represented a majority of the employees and advised the Company not to renew a one-year contract which had been entered into by the M. E. S. A. and the Company on July 16; 19401 A few days thereafter, the U. A. W. filed its petition requesting an investi- gation and certification by the Board. On April 17, 1941, the Com- pany and the M. E. S. A. entered into an amendment to the contract, providing for wage increases, and containing provisions that "any changes in the general agreement will be taken up under the griev- ances procedure for Amendments and Modification," and that the amendment would be effective from April 17, 1941, until January 1, 1942. On about June 2, 1941, the U. A. W. again informed the Company of its claim to represent a majority of the employees. It requested that the Company consent to an election, but'this request was denied. The Company and the M. E. S. A. contend that no question con- cerning representation has arisen since it was the intent and effect of the amendment of April 17, 1941, to extend the contract to Jan- uary 1, 1942. Irrespective of the validity of these contentions, since both the Company and the M. E. S. A. had notice of the claim of the U. A. W. to represent the employees prior to the alleged renewal of the contract, and since the amendment was not executed until after the petition herein had been filed,2 we hold that the contract does not constitute a bar to the determination of representatives at this time A statement of the Regional Director introduced in evidence at the hearing indicates that the U. A. W. represents a substantial number of the Company's employees.3 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 1 Shortly before the receipt of the U. A. W.'s demand, the contract had been amended to include a closed-shop provision. ' 2 Matter of Equipment Steel Products Division of The Union Asbestos and Rubber Com- pany and Local Union 2350, Steel Workers Organizing Committee, affiliated with the C. I. 0., 31 N. L. R B. 987; Matter of Radio Wire Television, Inc. and Local 430, United Elec- trical, Radio & Machine Workers of America, C I 0, 30 N L R B 930. 8 The report of the Regional Director shows that the U. A. W. submitted 80 applications for membership cards, all containing apparently genuine signatures , 60 of which repre- sented persons listed on the Company 's pay roll of June 15 , 1941. There are approxi- mately 150 employees in the unit alleged to be appropriate. GENERAL FIRE TRUCK CORPORATION 751 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 U. A. W. and the M. E. S. A. agreed that the appropriate unit should consist of all hourly and piece-work production employees, including all salaried employees, performing mechanical and pro- duction work,4 janitors, maintenance men, truck drivers, and shipping clerks, but excluding clerical and office employees, foremen, assistant foremen, supervisory employees, and the clean-up man. The Company desires the exclusion from the unit of shipping clerks. The U. A. W. desires their inclusion and the M. E. S. A. expressed its willingness that they be included although they were not covered by the M. E. S. A. contract. There are 4 employees in the shipping room, one of whom is a foreman, another spends the majority of his time typing,, the third is engaged in packaging material sold through a mail-order catalogue by a _ subsidiary of the Company, and the fourth is employed only during summer school-vacation at loading trucks. All these em- ployees are paid on a weekly salary basis and are considered by the Company as part of the clerical staff. Since the shipping clerks were not included in the unit covered by the previous contract, and since their work differs substantially from that of the remaining employees sought to be included in the unit, we will exclude them from the unit. We find that all hourly and piece-work production employees of the Company, including all salaried employees performing me- chanical and production work, janitors, maintenance men, and truck drivers but excluding clerical and office employees, foremen, assistant foremen-, supervisory employees, the clean-up man, and shipping clerks, constitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to employees of the Com- pany the full benefit of their right to self-organization and to collec- tive bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning the repre- sentation of employees of the Company can best be resolved by an election by secret ballot. The parties agreed that a current pay roll shall be used to determine those eligible to vote. The persons eligible * These are employees who -take finished fire trucks to buyers for demonstration purposes and, when not thus engaged , work in the shop on any necessary production work. 752 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to participate in the election shall be the employees in the appropriate unit employed by the Company during the pay-roll period next pre- ceding this Direction, 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 : CONCLUSION'S OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of the General Fire Truck Corporation, De- troit, Michigan, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All hourly and piece-work production. employees, including all salaried employees performing mechanical and production work, janitors, maintenance men, and truck drivers, but excluding clerical and office employees, foremen, assistant foremen, supervisory em- ployees, the clean-up man, and shipping clerks, constitute a unit ap- propriate for the purposes of collective bargaining, within the mean- ing 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 General Fire Truck Corporation, Detroit, 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 for the National Labor Rela- tions Board and subject to Article III, Section 9, of said Rules and Regulations, among all hourly and piece-work production employees, including all salaried employees performing mechanical and produc- tion work, janitors, maintenance men, and truck drivers, who were employed by the Company during the pay-roll period immediately preceding the date of this Direction, including 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 clerical and office employees, fore- men, assistant foremen, supervisory employees, the clean-up man, shipping clerks, and those employees who have since quit or been dis- GENERAL FIRE TRUCK CORPORATION 753 charged for cause, to determine whether they desire to be represented by International Union, United Automobile Workers of America, affiliated with the C. I. 0., or by Mechanics Educational Society of America, for the purposes 'of collective bargaining, or by neither. MR. EDWIN S. SMITH, dissenting in part : I dissent from the finding of the majority that shipping clerks should be excluded from the appropriate unit. Since both unions in- volved herein have agreed to the inclusion of these employees, the fact that they were excluded from the prior contract should not oper- ate to deprive them of the benefits of collective bargaining. I would find that the shipping clerks should be included within the appropriate unit.