Barkley Body Works

National Labor Relations Board - Board Decisions

Dec 14, 1942

45 N.L.R.B. 1302 (N.L.R.B. 1942)

In the Matter of HAVEN-BuscH COMPANY, AND J. H.' HAVEN AND
GEORGE BUsCH, D/B/A BARKLEY BODY WORKS and INTERNATIONAL
ASSOCIATION OF MACHINISTS, LODGE No. 475 (A. F. L.)
Case No. R-4486.-Decided December 14, 1912 '
Jurisdiction : iron and steel products manufacturing and interstate truck repair-
ing and servicing industries.
Investigation and Certification of Representatives : existence of question: re-
fusal to recognize petitioner as the exclusive bargaining representative because
of dispute as to appropriate unit: election, necessary.
Unit Appropriate for Collective Bargaining : separate units comprising (1) all
employees of manufacturing plant, excluding truck drivers, supervisory,
clerical, engineering, and full-time plant protection employees, and (2) all
employees of garage, excluding truck drivers, supervisory, clerical, engineering,
and full-time plant protection employees of two jointly owned enterprises that
were conducted as two separate businesses, held appropriate. -
Mr. Stephen F. Dunn, of Grand Rapids, Mich ,'for-Haven-Busch
and Barkley. -
Mr. Carl Cederquist, of Grand Rapids, Mich ., for the Union.
Mary M. Persinger, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS,
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by International
Association of Machinists, Lodge No. 475 (A. F. L.), herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of Haven-Busch Com-
pany, and J. H. Haven and George Busch, d/b/a Barkley Body
Works, Grand Rapids, Michigan, herein called respectively, Haven-
Busch and Barkley, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Robert J. Wiener,
Trial Examiner. Said hearing was held at Grand Rapids, Michigan,
on November 5, 1942. Haven-Busch, Barkley, and the Union ap-
peared, participated, and were afforded full opportunity to be heard, to
45 N. L. R. B., No. 180.
1302
HAVEN-BUSCH , COMPANY 1303
examine and cross-examine witnesses , and to introduce evidence bear-
ing upon the issues. The Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.,
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANIES
Haven-Busch is a Michigan corporation engaged in the production
and fabrication of iron and steel products for use in industrial plants.
During the current year , Haven-Busch purchased for use in its Grand
Rapids plant, $138,500 worth of raw materials, $100,000 worth of
-which were shipped to it from points outside the State of Michigan.
During the same period of time, Haven-Busch sold finished products
valued at $273,000, $4,000 worth of which were shipped to customers
in States other than the State of Michigan. Ninety-eight percent of
the customers of Haven-Busch are engaged in war manufacturing.
Haven-Busch concedes that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
Barkley Body Works, a partnership composed of J. H. Haven and
George Busch, is engaged in the manufacture of bodies for commer-
cial trucks and the servicing and repair of trucks and wagon bodies.
During the current year Barkley purchased raw materials for use in
its business , valued at $10,500, $100 worth of which came from States
other than Michigan. During the same period of time the total valu^'
of all `sales made and services _ provided by the partnership was
$31,000; $27 ,200 of this amount representing remuneration for the
servicing and repair of trucks , and the remainder the amount
received for new body construction . George Busch , one of the part-
ners, testified that the partnership made no sales of truck bodies to
customers located in States other than Michigan . He further testified
that the firm had no way of knowing how many of the trucks it
serviced and repaired were engaged in the transportation of goods,
commodities or materials in interstate commerce. Ed Peacock, a
witness for the petitioner who had worked for Barkley for more than
2 years, testified without denial that a substantial number of such
trucks bore Interstate Commerce Commission license plates.
J. H. Haven and George Busch, the partners constituting Barkley,
own 97 percent of the stock of the Haven-Busch corporation, dis-
cussed above . The two enterprises occupy adjoining properties in
Grand Rapids. On several occasions during the current year, Haven-
Busch has made use of the services of common laborers employed by
Barkley, to unload truckloads of raw materials purchased by Haven.
Busch, and for similar emergencies. Haven-Busch , during 1942,
1304 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
reimbursed Barkley in the amount of $3,000 to $3,500 as payment for
such labor.
We find, contrary to its contention, that Barkley is engaged in
commerce within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
International..Association,of Machinists, Lodge No. 475, is a labor
organization affiliated with the American Federation of Labor. It
admits to membership employees of Haven-Busch and Barkley.
III. THE QUESTIONS CONCERNING REPRESENTATION
On September 10, 1942, at a 'meeting held at the office of Haven-
Busch, attended by George Busch and representatives of the Union
and the Board, the Union requested that it be granted recognition as
the exclusive representative of the employees of Haven-Busch and
Barkley, and asserted that the employees ^of•both ;.constituted: a, single
appropriate bargaining unit. Busch refused, the request, on the
ground that the employees of each company constituted separate ap-
propriate units.
A statement of the Regional Director introduced into evidence at
the hearing indicates that the Union represents a substantial number
of employees in the units hereinafter found to be appropriate.'
We find that questions affecting commerce have arisen concerning
the representation of employees of Haven-Busch and Barkley, within
the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNITS
As stated above, the Union contends that the employees of Haven-
Busch and Barkley constitute a single appropriate unit, while the
companies dispute this contention. It was stipulated that whether
the Board holds one or two units to be appropriate, the folloi ing
employees should be excluded at each plant : truck drivers, super-
visory, clerical, engineering, and full-time plant protection employees.
Althdugh•the two enterprises are jointly owned, occupy adjoining
property, and employees of Barkley occasionally perform ^common-
i The Regional Director reported that the Union had submitted in support of its claims
30 membership-application cards bearing apparently genuine signatures ; that, 24 of the
30 names appearing on the cards are names appearing on the September 10, 1942, pay
rolls of Haven-Busch and Barkley ; that 13 of the 24 cards were dated August 1942, the
-others being undated ; that 21 of the 24 cards bear the names of persons on the Haven-
Busch pay roll, which lists 32 employees within the alleged appropriate unit ; and that
3 of the 24 cards bear the names of persons in the alleged appropriate unit appearing on
the Barkley - pay roll , which lists,11 persons In -said -unit.
HAVEN-BUSCH COMPANY 1305
labor for Haven-Busch, there was uncontradicted testimony that the
two businesses are in all other respects entirely separate-that the
companies have different superintendents and wage scales, perform
different operations for different sets of customers, meet different
types of competition, and keep different sets of books and pay rolls.
Under these-circumstances we hold that the employees of each com-
pany constitute a unit appropriate for the purposes of collective
liai•aitiing. -
We therefore find that (a) all employees of Haven-Busch excluding
truck drivers, supervisory, clerical, engineering, and full-time plant
protection employees; and (b) all employees of Barkley excluding
truck drivers, supervisory, clerical, engineering, and full-time plant
protection employees, each constitute a unit appropriate, for the pur-
poses of collective bargaining within the meaning of Section 9 (b)
of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
,have, arisen be, resolved by elections by secret ballot among the em-
ployees in the appropriate units who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tions herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTIONS
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 Haven-Busch
Company, and J. H. Haven and George Busch', d/b/a Barkley Body,
Works, Grand Rapids, Michigan, elections 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 mat-
ter 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 units found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding
the date of this Direction, including any such employees who did not
1306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 any who have since quit or been
discharged for cause, to determine whether or not they desire to be
represented by International Association of .Machinists, Lodge No.
475 (A. F. L.), for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Elections.
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