Autopulse Corp.

National Labor Relations Board - Board Decisions

Mar 2, 1948

76 N.L.R.B. 486 (N.L.R.B. 1948)

In the Matter of AUTOPULSE CORPORATION, EMPLOYER and INTER-
NATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICUL-
TURAL IMPLEMENT WORKERS OF AMERICA, UAW-CIO, PETITIONER
Case No. 7-RC-37.-Decided March 0, 1948
Mr. K. B. Matthews, of Ludington, Mich., for the Employer.
Mr. Charles A. Rogers, of Muskegon, Mich., and Mr. Walter Gor-
zynski, of Ludington, Mich., for the Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Luding-
ton, Michigan , on January 20, 1948, before Jerome H. Brooks , hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.,
On the entire record in the case, the National Labor Relations
Board 1 makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
The Autopulse Corporation, a Michigan corporation having its only
plant at Ludington, Michigan, is engaged in the manufacture of fuel
pumps and other items. In 1947 the corporation purchased more than
$500,000 worth of raw materials, 75 percent of which came from out-
side the State of Michigan; and in this period finished products valued
in excess of $1,000,000 were produced, of which 75 percent was shipped
to points outside the State.
The Employer admits, and we find, that it is engaged in commerce
within the meaning of the Act.
' Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the
Board has delegated its powers In connection with this case to a three- man panel con-
sisting of the undersigned Board Members [Houston, Murdock, and Gray].
76 N. L. R. B., No. 75.
486
AUTOPULSE CORPORATION
H. THE ORGANIZATION INVOLVED
487
The Petitioner is a labor organization affiliated with the Congress of
Industrial Organizations, claiming to represent employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION '
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning
of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with the parties, that all pro-
duction and maintenance employees of the Employer's Ludington,
Michigan, plant, excluding office and plant clerical employees, guards,
professional employees, draftsmen, foremen, and supervisors as de-
fined in the Act, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Autopulse Corporation, Lud-
ington, 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, and subject to Sections 203.61 and
203.62 of National Labor Relations Board Rules and Regulations-
Series 5, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period im-
mediately 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 temporarily laid off, but excluding those employees
who have since quit or been discharged for cause and have not been
rehired or reinstated prior to the date of the election, and also exclud-
ing employees on strike who are not entitled to reinstatement, to de-
termine whether or not they desire to be represented by International
Union, United Automobile, Aircraft and Agricultural Implement
Workers of America, UAW-CIO, for the purposes of collective bar-
gaining.