Acme Wire and Iron Works

National Labor Relations Board - Board Decisions

Nov 26, 1942

45 N.L.R.B. 780 (N.L.R.B. 1942)

In the Matter of ACME WIRE AND IRON WORKS and UNITED STEEL-
WORKERS OF AMERICA, C. I. O.
Case No. R-, 4448.-Decided November 26, 1942
Jurisdiction : wire products manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to recognize petitioner because of alleged existing contract ; contract
which was automatically renewed each year unless 4 months notice was
given, held no bar when petitioner gave notice more than 4 months before end
of a contract period ; election necessary.
Unit Appropriate for Collective Bargaining : all hourly paid inside employees,
with specified exclusions ; agreement as to.
Mr. Fred Galster, of Detroit, Mich., for the Company.
Mr. James E. Robinson, of Detroit, Mich., for the C. I. O.
Mr. S. P. Tobin, of Detroit, Mich., for the A. F. of L.
,Mr. Seymour J. Spelmaan, of counsel to the Board. ,
DECISION
AND
DIRECTION OF ELECTION
STATEMENT, OF THE CASE
, ! 'Upon -petition and, amended petitions duly filed by United Steel-
workers of America; C. I. 0., herein called the C. I. 0., alleging that
a .question affecting commerce had arisen concerning the- representa-
tion of employees of Acme Wire and Iron Works, Detroit, Michigan,
herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Freder-
ick P. Mett, Trial Examiner. Said hearing was held at Detroit,
Michigan, on October 26, 1942. The Company, the C. I. 0., and
International Association of Bridge, Structural and Ornamental
Iron Workers, A. F. of L., herein called the A. F. of L., appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial Examiner's rulings made at the hearing...,
are free from prejudicial error and are hereby affirmed.
45 N. L. R. B., No. 116.
780
ACMEI WIRE, AND IRON WORKS 781
Upon the•entire record in the case, the Board makes the following':
FINDING OF FACT
1. THE BUSINESS OF THE COMPANY
Acme Wire and Iron Works, a Michigan corporation having its
office and plant at Detroit, Michigan, is engaged in the manufacture
of wire window, guards and 'transformer screens . The Company
annually' purchases raw materials valued in excess of $50,000, ap-
proximately 50 percent of which is shipped to its Detroit plant from
places outside the State of Michigan. The annual value of the fin-
ished'products manufactured at the Company's Detroit plant exceeds
$150,000, approximately 20 percent of which is shipped to points out-
side the State of Michigan. The Company concedes that it is engaged
in commerce within the meaning of the Act.'
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
International Association of Bridge, Structural and Ornamental
Iron Workers is a labor organization affiliated with 'the American
Federation of Labor, admitting to membership employees of 'the
-Company.
III. THE QUESTION CONCERNING REPRESENTATION '
In November 1941, the C. I. O. instituted an organizational drive
among the employees of the Company., The Company employs two
classes of workers-inside or production employees who are en-
gaged in fabricating steel and wire materials, and outside' or erection
employees who install the finished materials in buildings under con-
struction. The C. I. O. first attempted to organize both classes of
'employees, but, ' upon learning that the outside employees were bar-
gained for as a separate unit by another labor organization, the
C. I. O. narrowed its efforts to the organization of inside employees.
On numerous occasions, the C. I: O. advised the Company that it
represented a majority of all its employees and requested recogni-
tion; later, the C. I. O. limited its claims and requests for
recognition to a bargaining unit of inside employees 2 The Com-
1 Since 1938, Local 28 of International Association of Bridge, Structural and Ornamental
Iron Workers , A. F. of L., has bargained for the outside employees of all members of the
Steel and Metal Erecters Association , of which the Company is one, pursuant to a con-
tract which has been renewed ' from year to year and is still in force. .
On September 8, 1942, the C. I. O. amended its petition in this proceeding , limiting the
unit to include only inside employees
0
782 DECISIONS OF NATIONAL LABOR--RELATIONS BOARD
party refused to grant recognition to the C. I. O. in either.unit; on
the ground that it was then operating under contracts with Locals
508 and 25, International Association of Bridge, Structural and
Ornamental Iron Workers covering inside and outside employees,
respectively. -
The A. F. of L. maintains that the- existing contract between
Local 508 and the Detroit Wire, Iron and Bronze Club, of which
the Company is a member, constitutes a bar to an election at this
time. Since 1937 Local 508 has bargained for.the inside employees
of all members of the Detroit Wire, Iron and Bronze-Club, includ-
ing the Company, pursuant to a parol contract with the, Club. The
contract provides for automatic renewal from year. to year in the
absence of a request by either party for a new agreement or amend-
ment more than 4 months before the end of any contract period
(December 31). We find that, although no request for a new agree-
ment or amendment was given 'by either party before the 4-month
period, the renewal of the contract constitutes no bar to a determi-
nation of representatives at this time since the C. I. O. filed its
petition in this proceeding more than 4 months prior to the end of
the contract period at a time when the Company had notice of its
,claims.3
A statement of the Regional Director, introduced in evidence at
.the hearing, shows that the C. I. O. represents a substantial number
of employees in the unit hereinafter found appropriate .4
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
We find, in accordance with an agreement of the parties, that all
hourly paid inside employees, excluding supervisory and clerical em-
ployees and watchmen, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act.5
Matter of Belmont Radio Corporation and United Electrical Radio and Machine Workers
of America, affiliated with the Congress of Industrial organizations , 27 N. L. it. B. 341;
Matter of American National Company and Mechanics Educational Society of America,
Local No 3, 27 N L it. B. 22.
The Regional Director stated that the C. I. O. submitted 46 applications for member-
ship, , 26 bearing dates from November 1941 to August 1942 and apparently genuine original
signatures . Of these 26 cards, 17 bear names of persons on the Company 's pay roll for
the period ending August 21, 1942 , which pay roll contained 32 employees in the appropriate
unit. In support of its interest in this proceeding , the A F. of L. relies on its contract
with the Company.
6 This is substantially the unit provided for in the contract between Local 508 and the
Detroit Wire, Iron and Bronze Club. -
11
ACME' WIRE AND IRON WORKS
, V. THE DETERMINATION OF REPRESENTATIVES
783
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Acme Wire and
Iron Works, 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 Relations Board, and subject to
Article III, Section 10, of said Rules and Regulations, among the
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 vacation or in the
active military service or training of the United States, or temporarily
laid off, but excluding employees who have since quit or been dis-
charged for cause, to determine whether they desire to be represented
by United Steelworkers of America, C. I. 0., or by Local 508, Inter-
national Association of Bridge, 'Structural and Ornamental Iron
Workers, A. F. of L., for the purposes of collective bargaining, or
by neither.