American-Marsh Pumps, Inc.

National Labor Relations Board - Board Decisions

Jun 27, 1945

62 N.L.R.B. 931 (N.L.R.B. 1945)

i
In the Matter of AMERICAN-MARSH PUMPS, INC. and INTERNATIONAL
ASSOCIATION OF MACHINISTS, DISTRICT 117, LODGE No. 46 and MICH-
IGAN METAL CRAFTSMEN, INC., PARTY TO A CONTRACT
Case No. 7-C-1376.-Decided June 27, 1945
DECISION
AND
ORDER
On March 13, 1945, the Trial Examiner issued his Intermediate Report
in the above-entitled proceeding, finding that the respondent had engaged
in and was engaging in certain unfair labor practices affecting commerce,
and recommending that it cease and desist therefrom and take certain
affirmative action designed to effectuate the policies of the Act, as set forth
in the copy of the Intermediate Report annexed hereto. Thereafter, the
Craftsmen filed a brief. Oral argument was held before the Board on June
14, 1945. The Union and the Craftsmen were represented and participated in
the oral argument; the respondent did not appear. The Board has reviewed
the rulings of the Trial Examiner and finds that no prejudicial errors were
committed. The rulings are hereby affirmed. The Board has considered the
Intermediate Report, the Craftsmen's brief, and the entire record in the
case, and hereby adopts the findings, conclusions, and recommendations of
the Trial Examiner.
Like the Trial Examiner, we find that on September 2, 1943, and at all
times thereafter, the Union represented a majority of the employees in the
appropriate unit set forth in the Intermediate Report,' and that on October
17, 1944, and at all times thereafter, the respondent, by ceasing negotia-
tions with the Union, by its reply to the Regional Director's telegram, by
recognizing the Craftsmen at the representation hearing, and by thereafter
contracting with the Craftsmen on December 27, 1944,2 refused to bargain
i See Matter of Appalachian Electric Power Company, 47 N. L R B 821, enf'd 140 F. (2d) 217
(C C. A. 4); Matter of The Century Oxford Manufacturing Company, 47 N L R B 835, enf'd 140
F. (2d) (C. C. A. 2).
2 We agree with the Trial Examiner that the contract made with the Craftsmen as the exclusive
bargaining representative of its employees is illegal and should be given no effect. However, nothing
in this Decision or in our Order shall be taken to require the respondent to vary those wages,
hours, seniority , and other substantive features of its relations with the employees, themselves
which the respondent has established in the performance of said contract
62 N. L. R. B., No. 117.
931
932 DECISIONS OV NATIONAL LABOR RELATIONS BOARD
collectively with the Union as the exclusive representative of all the enm-
ployees in the above-mentioned unit, within the meaning of Section 8 (5)
of the Act.
ORDER
Upon the entire record in the case, and pursuant to Section 10 (c) of the
National Labor Relations Act, the National Labor Relations Board herebv
orders that the respondent, American-Marsh Pumps, Inc., Battle Creek,
Michigan, and its officers agents, successors, and assigns, shall :
1. Cease and desist from:
(a) Refusing to bargain collectively with International Association of
Machinists, District 117, Lodge No. 46, as the exclusive representative of
all its production and maintenance employees, excluding foremen and other
supervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or effectively
recommend such action, office employees, and employees in the engineering
and drafting department, foundry and core room ;
(b) Recognizing Michigan Metal Craftsmen, Inc., as the exclusive bar-
gaining representative of the respondent's employees for the purposes
of collective bargaining, unless and until it shall have been certified by the
National Labor Relations Board ;
(c) Giving effect to its contract of December 27, 1944, with Michigan
Metal Craftsmen, Inc., or to any extension, renewal, modification, or
supplement thereof
(d) Engaging in like or related acts or conduct interfering with, re-
straining, or coercing its employees in the exercise of the right to self-
organization, to form labor organizations, to join or assist International
Association of Machinists, District 117, Lodge No. 46, or any other labor
organization, to bargain collectively through representatives of their own
choosing, and to engage in concerted activities for the purpose of collective
bargaining, or other mutual aid or protection, as guaranteed in Section 7
of the Act.
2. Take the following affirmative action, which the Board finds will
effectuate the policies of the Act :
(a) Upon request, bargain collectively with International Association
of Machinists, District 117, Lodge No 46, as the exclusive representative
of its employees in the above-described appropriate unit, and if an under-
standing is reached, embody such understanding in a signed agreement ;
(b) Post at its plant at Battle Creek. Michigan, copies of the notice
attached hereto marked "Appendix A." Copies of said notice, to be fur-
nished by the Regional llirector of the Seventh Region, shall, after being
duly signed by the respondent's representative, be posted by the respondent
AMERICAN-MARSH PUMPS, INC. 933
immediately_ upon receipt thereof, and maintained by it for sixty (60)
consecutive days thereafter. in conspicuous places, including all places
where notices to employees are customarily posted. Reasonable steps shall
be taken by the respondent to insure that said notices are not altered,
defaced, or covered by any other material :
(c) Notify the Regional Director for the Seventh Region, in writing,
within ten (10) days from the date of this Order, what steps the respond-
ent has taken to comply herewith. .
APPENDIX A
NOTICE TO ALL EMPLOYEES
Pursuant to a Decision and Order of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor Rela-
tions Act, we hereby notify our employees that:
We will not refuse to bargain with International Association of iVla-
chanists, District 117, Lodge No. 46, as the exclusive representative
of all employees in the bargaining unit described herein:
We will not engage in any like or related act or conduct interfering
with, restraining, or coercing the employees in the exercise of their
right to self-organization, to form labor organizations, to join or assist
the above-named or any other labor organization, to bargain collect-
ively through representatives of their own choosing, and to engage in
concerted activities for the purpose of collective bargaining or other
mutual aid or protection. All our employees are free to become or
remain members of the above-named union or any other labor organ-
ization.
We will refuse to recognize Michigan Metal Craftsmen, Inc , as the
exclusive representative of our employees for the purposes of collective
bargaining unless and until it shall have been certified by the National
Labor Relations Board.
We will not give effect to our contract of December 27, 1944, with
Michigan Metal Craftsmen, Inc., or to any extension, renewal, modi-
fication, or supplement thereof.
We will bargain collectively, upon request, with International Associ-
ation of -Machinists, District 117, Lodge No. 46, as the exclusive rep-
resentative of all employees in the bargaining unit described herein,
with respect to rates of pay, hours of employment or other conditions
of employment, and if an understanding is reached, embody such
understanding in a signed agreement. The bargaining unit is:
All production and maintenance employees at the Battle Creek plant,
excluding foremen and other supervisory employees with authority to hire,
934 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
promote, discharge or discipline or otherwise effect changes in the status
of employees, or effectively recommend such action , office employees and
employees in the engineering and drafting department , foundry and core
room.
AMERICAN-MARSH PUMPS, INC.
By
(Representative) (Title)
This notice must remain posted for.60 days from the date hereof,-and
must not be altered, defaced, or covered by any other material.
INTERMEDIATE REPORT
Mr. Meyer D. Stein, for the Board.
Mr Edwin F. Steffen, of Lansing, Mich, and Mr. A E Wheeler, of Battle Creek,
Mich., for the respondent.
Mr Carl Cederquist, of Detroit, Mich, and Mr. Ivan DeLaVergne, of Battle Creek,
Mich., for the Union.
Mr. Leonard F. Donaldson, of Detroit, Mich., and Mr. Cuyler Coleman, of Grand
Rapids, Mich, for Michigan Metal Craftsmen, Inc.
STATEMENT OF THE CASE
Upon a charge duly filed on January 26, 1945, by two individuals and an amended
charge duly filed the same day by International Association of Machinists, District
117, Lodge No. 46, herein called the Union, the National Labor Relations Board,
herein called the Board, by its Regional Director for the Seventh Region (Detroit,
Michigan), issued its complaint dated January 26, 1945, against American-Marsh
Pumps, Inc., herein called the respondent, alleging that the respondent had engaged
in and was engaging in unfair labor practices affecting commerce within the meaning of
Section 8 (1) and (5) and Section 2 (6) and (7) of the National Labor Relations
Act, 49 Stat. 449, herein called the, Act. Copies of the complaint, accompanied by
notice of hearing thereon, were duly served upon the respondent, the Union, and
Michigan Metal Craftsmen, Inc., a party to a contract with the respondent, herein
called the Craftsmen
In respect to the unfair labor practices, the complaint alleged in substance that
since October 17, 1944, to the date of the complaint, the respondent had refused to
bargain collectively with the Union, which had previously been certified by the Board
as the exclusive bargaining representative of the respondent's employees in an appro-
priate unit, but on the contrary had on October 17, 1944, recognized the Craftsmen
as the exclusive bargaining representative of such employees, and had on December
27, 1944, entered into a purported contract with the Craftsmen as such exclusive
bargaining representative
The respondent's answer, dated February 1, 1945, admitted the foregoing facts
but denied that its acts constituted an unfair labor practice.
On February 8, 1945, the Craftsmen filed an answer in which it likewise admitted
the foregoing facts but alleged that a majority of the employees in the appropriate
bargaining unit had selected it as their bargaining representative and denied that
the respondent's recognition of it was unlawful. ,
Pursuant to notice, a hearing was held on February 8, 1945, in Battle Creek, Michi-
gan, before the undersigned Trial Examiner, duly designated by the Chief Trial Exam-
iner. The Board, the respondent, and the Craftsmen were represented by counsel and
AM ERICAN-MARS1-I PUMPS, INC. 935
the Union by its representative. Full opportunity was afforded all parties to be heard,
to examine and cross-examine witnesses, and to introduce evidence bearing upon the
issues. At the close of the hearing the parties waived oral argument but the under-
signed requested counsel for the respondent to state the theory of the respondent's
case, which he did. The respondent filed a "Statement of Position" as a brief with the
Trial Examiner. No other briefs have been received.
FINDINGS OF FACT
1. THE BUSINESS OF THE RESPONDENT
The respondent is a Michigan corporation having its principal office and place of
business in Battle Creek, Michigan, where it is engaged in the manufacture of pumps.
Since the year 1942, the respondent' s annual purchases of raw materials, consisting
principally of steel, exceeded $500,000, of which amount approximately 90 percent was
shipped to its plant from points outside the State of Michigan. In the same period, its
annual sales exceeded $1,000,000, of which approximately 95 percent represented
products shipped from the respondent's Battle Creek plant to points outside the State
of Michigan.
The respondent stipulated that it is engaged in commerce within the meaning of the
Act.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists , District 117, Lodge No 46, affiliated with
the American Federation of Labor, and Michigan-Metal Craftsmen, Inc., are labor
organizations admitting to membership employees of the respondent.
III. THE UNFAIR LABOR PRACTICES
1. The appropriate unit
Pursuant to a petition duly filed by the Union, the Board, on July 12, 1943, issued
its Decision and Direction of Election' in which it found that a unit composed of all
production and maintenance employees of the respondent at its Battle Creek plant,
excluding foremen and other supervisory employees with authority to hire, promote,
discharge or discipline, or otherwise effect changes in the status of employees or
effectively recommend such actions, office employees and employees in the engineering
and drafting department, foundry and core room, was appropriate 2
2. Representation by the Union of a majority in the appropriate unit
On August 6, 1943, pursuant to said Decision and Direction of Election, an election
duly conducted was won,.by the Union, and on September 2, 1943, the Board issued its
Supplemental Decision and Certification of Representatives, certifying the Union as
the exclusive representative of all the employees in the appropriate unit.'
3 The refusal to bargain
a. History
Following its certification, the Union met with the respondent in an effort to reach
a contract covering the employees in the afore-mentioned unit On October 14, 1943,
the respondent and the Union entered into a stipulation, stating that they had failed
in direct negotiations before a conciliator to settle disputed matters of wages, retro-
1 51 N. L R B 263
2 The parties all stipulated at the hearing that this is the appropriate unit
3 52 N L R B 391. The contentions of the respondent and the Craftsmen that a shift of ntaloi it)
had taken place prior to the hearing in the instant case will be discussed in the next section The
Union offered no other proof of its majority at the hearing in the instant case
936 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
active date, and,vacations. The dispute was certified to the Regional War Laboi
Board On October 18, 1943, the Union and the respondent signed a written contract,
effective as of October 14, 1943, covering agreed matters other than those in dispute
A panel hearing on the disputed terms was conducted before the War Labor Board
in December 1943 and a panel report with recommendations was made on February
3, 1944 On March 31, 1944, the Regional War Labor Board issued a directive order,
setting up wage rates for designated job titles, fixing the retroactive date as Novem-
her 5, 1943, and providing for vacation privileges By this directive the parties were
required to negotiate rates of pay of female, minor, superannuated and handicapped
employees if there was a basis for their receiving less than the rate for their classi-
fication and any questions arising as to the proper grading of individuals within job
classifications. The directive further provided that its terms and conditions should be
incorporated in a signed agreement by the Union and the respondent. Following the
issuance of this directive the respondent filed a petition for review, protesting the
basis for computing vacation privileges and objecting to the establishment of wage
rates on reclassification of jobs without a prior job description and evaluation analy-
sis. Later the respondent put into effect vacation privileges' The petition for review
of the directive of the Regional War Labor Board respecting wages in due course
cane before the National War Labor Board. Pending this appeal, the Union and the
respondent on August 2, 1944, joined in a letter sent to the National War Labor
Board requesting that the appeal be held in abeyance pending further negotiations
between the Union and the respondent regarding job descriptions. Thereafter, repre-
sentatives of the Union and the respondent carried on negotiations regarding job
descriptions under the guidance of a member of the technical staff of the United States
Conciliation Service.
Previously, on April 27, 1944, the Craftsmen had orally requested the respondent,
for recognition, and the respondent had refused such recognition on the ground that
its contract with the Union was a bar to such recognition. By letter of August
11, 1944, the Craftsmen again requested recognition as bargaining representative of
the respondent's employees and on the same day filed with the Board its petition for
certification. On August 29, 1944, the respondent replied to the letter of the Craftsmen,
stating that it was under contract with the Union as the certified bargaining agent,
that this contract would expire on October 14, 1944, and that, until instructed by the
Board or some other Government agency, it would be obliged to recognize the Union
as bargaining agent for its employees. On the same date the respondent wrote to the
Union stating that, in view of the claims of the Craftsmen, it would not enter into
negotiations looking toward a renewal of their contract, that the contract would expire
on October 14, 1944, and that thereafter it would negotiate a contract with the Union
certified by the Board as the bargaining agency for its employees'
* There is only a statement of respondent 's counsel that this was done pursuant to a modification
of the directive by the Regional War Labor Board
The termination clause of the Union's contract provided'
This agreement to become effective as of October 14, 1943, and to remain in full force and
effect until October 14 , 1944, and thereafter subject to forty -five (45 ) days ' notice in writing
from either party stating that changes or modifications are desired Conferences shall be held
to discuss the proposed changes or modifications , starting not later than ten days after receipt
of such notice . In the event that the parties have failed to agree within the forty - five (45) days
specified above , and the discussions continue , the terms finally agreed to shall be effective as of
the last day of the forty-five (45 ) day notice period. Either party desiring to cancel this agree.
ment must give sixty ( 60) days' notice of such desire in writing The sixty ( 60) days shall be
utilized by the parties in discussing the proposed cancellation In the event that the discussions
shall extend beyond the sixty (60) day period , the terms of this agreement shall continue to be
in full force and effect until agreement or disagreement is reached.
AMERICAN-MARSH PUMPS, INC. 937
Pursuant to the Craftsmen ' s petition a representation hearing was held before a
Trial Examiner designated by the Board, in Battle Creek, Michigan, on October 17,
1944, in which the respondent, the Craftsmen,.and the Union participated' During
the course of this hearing the respondent's counsel stated that, from that time, it
recognized the Craftsmen and moved to dismiss further proceedings. This motion was
referred to the Board. On December 16, 1944, the Board issued its decision and order
in which it denied the respondent ' s motion but dismissed the Craftsmen ' s petition
for certification because "the Machinists' resort to the War Labor Board, the land
pendency before that agency of fundamental wage issues , and the present incomplete
status of resulting negotiations between the Machinists and their employer, has de-
nied to the Company's employees, without fault on the part of their bargaining
representative , the settlement of the most vital element in their present bargaining
program," and, the Board found, therefore, that direction of an immediate election
would not effectuate the policies of the Act.'
Despite its recognition of the Craftsmen on October 17, the respondent did not meet
with them prior to October 29, 60 days from the date on which notice of cancellation
was given the Union. Until October 17, 1944, the date of the representation hearing, the
respondent had continued to meet with the Union regarding job classifications. The
classifications at one time were completed but were rejected by the aforesaid member
of the technical staff of the United States Conciliation Service. Following such rejec-
tion the representatives of the respondent and the Union set about rewriting them
all and by October 17, 1944, they had rewritten 38 of a total of 44 job classifications,
but they had not yet resubmitted them to the technical advisor. Following October
17, 1944, the respondent no longer met with the Union.
On December 19, 1944, the Regional Director for the Seventh Region sent the
respondent a telegram stating that he had been informed by the Union that the
respondent refused to renew its recognition of the Union as exclusive representative
of employees in the bargaining unit found appropriate by the Board, and advising the
respondent that the Board's decision of December 16, 1944, left the previous certifi-
cation of the Union in full force and effect and that a refusal to bargain with the
Union would be regarded as an unfair labor practice. The respondent, on December'
28, 1944, replied to this telegram by letter stating that it had received the Board's
ruling and would not comply and that it had already entered into a contract with the
Craftsmen.
On December 27, 1944, the respondent and Local 31 of the Craftsmen signed and
put into effect a contract for the term of one year and thereafter until 30 days' notice
of termination by either party.' Prior to the signing of this contract the N. W. L. B.
issued its directive concerning wages, and the respondent agreed in the contract to
comply therewith and thereafter did so.
b. Conclusions
By recognizing the Craftsmen on October 17, 1944, and by ceasing further negotia-
tions with the Union as well as by its reply to the Regional Director's telegram, the
respondent refused to bargain with the Union.
8 Case No 7-R-8135 (59 N L R B 1084) Tit that case the Craftsmen offered proof of interest
by 116 membership cards, of which 105 bore names of employees on a pay roll of about 180
employees in the unit sought to be represented as of August 27, 1944 The unit sought to be
represented differed from the one previously found appropriate by the Board in that the Craftsmen
sought to include working supervisors. The undersigned makes no finding that the Craftsmen proved
they represented a majority in the appropriate unit
v 59 N L R B 1084.
8 The unit defined by the contract excludes "supervisory employees who pct form no manual
wink." The unit found by the Board to be appropriate excluded all supervisory employees
938 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The respondent takes the position that the certification of the Union lapsed with the
expiration of its contract, that thereafter it was mandatory under the Act for the
respondent to bargain with the representative of the majority of its employees, and
that the Craftsmen organization was such majority representative. The respondent's
argument postulates either that a certification of a union by the Board automatically
lapses upon the expiration of a one-year contract-even a partial contract not in-
corporating disputed terms which continue to be negotiated-or that such certification
is necessarily nullified at such time by evidence that another union has come to repre-
sent a majority of the employees. The Act makes no provision for the effective period
of a certification by the Board The Board itself has adopted the policy that collective
bargaining relations should remain undisturbed for a reasonable period.' While a
year has frequently been regarded as a reasonable period, deviations from such period
have been recognized under certain circumstances, as where the consummation of the
bargaining process has been delayed by the fact that a dispute has been submitted
to the War Labor Boardl° Such was the case here. The decision of the Board, dis-
missing the petition of the Craftsmen for the reason stated by the Board, was tanta-
mount to a ruling that, under the circumstances, a reasonable time had not elapsed
since the certification of the Union. Of this the respondent was apprised by the Re-
gional Director's telegram. Knowing that the Union was still the certified bargaining
agent, the respondent nevertheless refused to recognize it or bargain with' it, but on
the contrary, recognized and bargained with the Craftsmen
It is accordingly found that on October 17, 1944, and at all times thereafter, the
respondent refused to bargain collectively with the Union as the exclusive representa-
tive of all its employees in the aforesaid appropriate unit, thereby interfering with,
restraining, and coercing its employees in the exercise of the rights guaranteed in Sec-
tion 7 of the Act. It is further found that the contract of December 27, 1944, between
the respondent and the Craftsmen is null and void.
IV. THE EFFECT OF THE UNFAIR LABOR PRACTICES UPON COMMERCE
The activities of the respondent set forth in Section III, above, occurring in connec-
tion with the operations described in Section I, above, have a close, intimate, and sub-
stantial relation to trade, traffic, and commerce among the several States, and tend
to lead to labor disputes burdening and obstructing commerce and the free flow of
commerce.
V. THE REMEDY
Since it has been found that the respondent has engaged in unfair labor practices,
it will be recommended that it cease and desist therefrom and take certain affirmative
action designed to effectuate the policies of the Act.
9 See Eighth and Ninth Annual Reports of the Board , pp. 48 and 28 respectively.
10 See Matter of Allis-Chalmers Manufacturing Company, 50 N L R. B 306, where the Board
question whether to order an election for choice of repre-said, "Where we are presented with the
sentatives in the presence of a collective bargaining contract , we find it necessary to weigh and
resolve the conflicting interests in maintaining the stability of contractual relationships previously
established and in protecting the right of the majority of employees to a collective bargaining
representative of their own choice . . . From the standpoint of stable labor relations it is undesirable
to penalize a certified bargaining representative for unavoidable delays consequent upon its voluntary
acceptance of orderly procedures established by governmental authority [In this case it was the
N W L. B ] for the adjustment of differences with an employer . To charge a certified bargaining
representative with such delays would have the effect of discouraging resort to such orderly pro-
cedures and promoting industrial strife and unrest which the Act was designed to avoid During
the reasonable period of certification, a shift in majority is by itself insufficient to overcome the
force of the certification N L R B v Whittier Mills, 111 F (2d) 474 (C C A 5), N L R B v
Valley Mould & Iron Corp , 116 F (2d) 760 (C C A 7)
AMERICAN-MARSH PUN PS, 1 NC. 939
It has been found that the respondent has refused to bargain collectively with the
Union as the exclusive representative of its employees in an appropriate unit. It
will therefore be recommended that, upon request, the respondent bargain collectively
with the Union.
It has further been found that the respondent has unlawfully recognized and entered
into a contract with the Craftsmen. It will accordingly be recommended that the
respondent cease and desist from recognizing the Craftsmen as the exclusive repre-
sentative of its employees for the purposes of collective bargaining, unless and until it
shall have been certified by the Board, and cease and desist from giving effect to its
contract of December 27, 1944, with the Craftsmen, as well as any extension, renewal,
modification, or supplement thereof.
Upon the basis of the above findings of fact and upon the entire record in the case.
the undersigned makes the following:
CONCLUSIONS OF LAW
1 International Association of Machinists, District 117, Lodge No. 46, and Michi-
gan Metal Craftsmen, Inc., are labor organizations within the meaning of Section 2
(5) of the Act.
2. All production and maintenance employees of the respondent at its Battle.Creek
plant, excluding foremen and other supervisory employees with authority to hire,
promote, discharge or discipline or otherwise effect changes in the status of employees
of effectively recommend such actions, office employees and employees in the engineer-
ing and drafting department, foundry and core room constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section 9 (b) of the Act
3 International Association of Machinists, District 117, Lodge No. 46, was, on
August 6, 1943, and at all times thereafter has been, exclusive representative of all
the employees in the above-described unit for the purposes of collective bargaining
within the meaning of Section 9 (a) of the Act.
4. By refusing on October 17, 1944, and at all tames thereafter, to bargain collectively
with International Association of Machinists, District 117, Lodge No 46, as exclusive
representative of all its employees in the appropriate unit, the respondent has engaged
in and is engaging in unfair labor practices -within the meaning of Sections 8 (5) of
the Act.
5. By interfering with, restraining, and coercing its employees in the exercise of
the rights guaranteed in Section 7 of the Act, the respondent has engaged in and is
engaging in unfair labor practices within the meaning of Section 8 (1) of the Act.
6 The aforesaid unfair labor practices are unfair' labor practices affecting com-
merce within the meaning of Section 2 (6) and (7) of the Act -
RECOMMENDATIONS
Upon the basis of the above findings of fact and conclusions of lair, and upon the
entire record in the case, the undersigned recommends that the respondent, American-
Marsh Pumps, Inc, its officers, agents, successors and assigns, shall
1 Cease and desist from:
(a) Refusing to bargain collectively with International Association of Machinists,
District 117, Lodge No. 46, as the exclusive representative of all its employees in the
above-described appropriate unit ;
(b) Recognizing Michigan Metal Craftsmen, Inc, as the exclusive bargaining repre-
sentative of the respondent's employees for the purposes of collective bargaining,
unless and until it shall have been certified by the National Labor Relations Board ;
940 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(c) Giving effect to its contract of December 27, 1944, with Michigan Metal Crafts-
men, Inc., or to any extension, renewal, modification, or supplement thereof ;
(d) Engaging in like or related acts or conduct interfering with, restraining, or
coercing its employees in the exercise of the rights to self-organization, to form
labor organizations, to join or assist International Association of Machinists, District
117, Lodge No. 46, or any other labor organization, to bargain collectively through
representatives of their own choosing, and to engage in concerted activities for the
purpose of collective bargaining or other mutual aid or protection, as guaranteed in
Section 7 of the Act.
2. Take the following affirmative action, which the undersigned finds will effectuate
the policies of the Act.
(a) Upon request, bargain collectively with International Association of Machin-
ists, District 117, Lodge No 46, as the exclusive representative of all its employees in
the above-described appropriate unit and if an understanding is reached, embody
such understanding in a signed agreement;
(h) Post at its plant at Battle Creek, Michigan, copies of the notice attached hereto,
marked "Appendix A". Copies of said notice, to be furnished by the Regional Director
of the Seventh Region, shall, after being duly signed by the respondent's representa-
tive, be posted by the respondent immediately upon receipt thereof, and maintained by
it for sixty (60) consecutive days thereafter, in conspicuous 'places, including all
places where notices to employees are customarily posted. Reasonable steps shall be
taken by the respondent to insure that said notices are not altered, defaced, or cov-
ered by any other material;
(c) Notify the Regional Director for the Seventh Region (Detroit, Michigan)
in writing, within ten (10) days from the receipt of this Intermediate Report, of
what steps the respondent has taken to comply herewith
It is further recommended that unless, on or before ten (10) clays from the date
of the receipt of this, Intermediate Report, the respondent notifies the said Regional
Director in writing that it will comply with the foregoing recommendations, the
National Labor Relations Board issue an- order requiring the respondent to take the
action aforesaid.
As provided in Section 33 of Article II of the Rules and Regulations of the National
Labor Relations Board, Series 3, as amended, effective July 12, 1944, any party or
counsel for the Board may within fifteen (15) days from the date of the entry of the
order transferring the case to the Board; pursuant to Section 32 of Article II of said
Rules and Regulations file with the Board, Rochambeau Building, Washington, D. C,
an original and four copies of a statement in writing setting forth such exceptions to
the Intermediate Report or to any other part of the record or proceeding (including
rulings upon all motions or objections) as he relies.upon, together with the original
and four copies of a brief in support thereof Immediately upon the filing of such
statement of exceptions and/or brief, the party or counsel for the Board filing the
same shall serve a copy thereof upon each of the other parties and shall file a copy
with the Regional Director. As further provided in said Section 33, should any party
desire permission to argue orally before the Board, request therefor must be made in
writing within ten (10) days from the date of the order transferring the case to the
Board.
JAMES R. HEMINGWAY
Trial Examiner
Dated March 13, 1945.
AMERICAN-MARSH PUMPS, INC.
APPENDIX A
NOTICE TO ALL EMPLOYEES
941
Pursuant to Recommendations of a Trial Exam,ner of the National Labor Relations
Board, and in order to effectuate the policies of the National Labor Relations Act, we
hereby notify our employees that.
We will not in any manner interfere with, restrain, or coerce our employees in the
exercise of their right to self-organization, to form labor organizat oils, to join or
assist International Association of Machinists, District 117, Lodge No. 46 or any
other labor organization, to bargain collectively through representatives of their
own choosing, and to engage in concerted activities for the purpose of collective
bargaining or other mutual aid or protection. All our employees are free to become
or remain members of this union, or any other labor organization.
We will bargain collectively upon request with the above-named union as the
exclusive representative of all employees in the bargaining unit described herein
with respect to rates of pay, hours of employment or other conditions of employ-
ment, and if an understanding is reached, embody such understanding in a signed
agreement. The bargaining unit is
All production and maintenance employees at the Battle Creek plant, excluding fore-
men and other supervisory employees with authority to hire, promote, discharge or
discipline or otherwise effect changes in the status of employees or effectively recom-
mend such actions, office employees and employees in the engineering and drafting
department, foundry and core room.
AMERICAN-MARSH PUMPS, INC (EDiplopei)
By
(Representative) (Title)
Date
This notice must remain posted for 60 days from the date hereof, and must not be
altered, defaced, or covered by any other material.