Blackmer Pump Co.

National Labor Relations Board - Board Decisions

Jul 3, 1941

33 N.L.R.B. 117 (N.L.R.B. 1941)

• In the Matter of - BLACKMER PUMP Co MPANY and LOCAL', 828, UNITED
AUTOMOBILE WORKERS OF AMERICA , AFFILIATED WITH THE CONGRESS
OF INDUSTRIAL ORGANIZATIONS
Case No. R-?654.-Deeided July 3, 1941
Jurisdiction : rotary. power and hand-driven pumps and miscellaneous casting
manufacturing industry..
Investigation and Certification of Representatives :. existence of question : re-
fusal to accord petitioning union recognition until it is certified by the Board;
election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees of the Company in.both the foundry and the machine shop , .includ-
ing factory clerical help and truck drivers, but excluding office clerical help,
supervisors, executives , watchmen , and • employees in the engineering . depart-
ment ; agreement as to. .' -
Mr. George S. Norcross: and Mr. N. J..Harkness, of Grand Rapids,
Mich., for the Company.
Mr. Leonard' Woodcock, of Grand Rapids; Mich., for the Union.
,-Mrs. Augusta Spaulding,. of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE-CASE
On April' 18, 1941, Local 828, United' Automobile Workers of'
America, affiliated with,- the Congress of Industrial Organizations,
herein called the Union, filed with the Regional Director for the Sev-
enth Region (Detroit, Michigan) a petition, and on May 29; 1941, an
amended petition; alleging that a question ,affecting commerce, had
arisen concerning the representation of employees of Blackmer Pump
Company, Grand Rapids, Michigan, herein called the Company, and
requesting an, investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On May 29,1941, the National Labor Rela-
tions Board, herein called the Board, acting pursuant to Section 9 (c)
of the Act and Article III, Section 3, of National Labor Relations
33 N. L. R. B., No. 25.
117
118 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Board Rules and Regulations-Series 2, as amended, ordered an in-.
vestigation and authdrized.the Regional Director to conduct it and to
provide-for an appropriate hearing upon due notice.
On June 6, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
Pursuant to-the notice, a hearing was. held on June 18, 1941, at Grand
Rapids, Michigan, before Earl R. Cross, the Trial Examiner duly
designated by the Chief Trial Examiner. The Company was repre-
sented.by counsel, the Union by its representative. Both participated
in the hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing upon the issues
was afforded both parties. During the course of the hearing, the
Trial Examiner made several rulings in respect 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
hereby affirmed. -
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Blackmer Pump Company is engaged in the manufacture of rotary
power: and hand-driven pumps and miscellaneous castings at.Grand
Rapids, Michigan. From May 18, '1940, through May ' 16, 1941, - the
value of the raw materials used at the Company's plant was $259,-
689.72, about 90 per cent of which represents purchases made outside
Michigan. During the same period, the sales of the Company's prod-
ucts amounted to $527,527.18, about 90 per cent of which represents
sales made outside Michigan.
II. THE ORGANIZATION INVOLVED
Local 828, United Automobile Workers of America, is a labor or-
ganization affiliated with the Congress of Industrial Organizations.-
It. admits to membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
On.or about April 6, 1941, the Union requested the Company to bar-
gain with the' Union concerning its employees. The- Company refused
to bargain with the Union until it was duly certified by the Board.
A statement prepared by the Regional Director and introduced into
evidence discloses that the Regional Director found that a substantial
-BInAC'KMER PUMP COMPANY 119
number of employees of the Company had designated the Union as
their bargaining agent.' -
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERN INC. REPRESENTATION UPON.
COMMERCE
We find that the question concerning representation which,,has
arisen, occurring in connection with the operations of the Company
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 Union and the Company agree, and we find, that all production
and maintenance employees of the Company in both the foundry and
the machine shop, including factory clerical help and truck drivers,
but excluding office clerical help, supervisors, executives, watchmen;
and employees in the engineering department, constitute a unit appro-
priate for the purposes of collective bargaining. We find, that said
unit will. insure -to employees of the Company the full benefit of.:their
right to self-organization and to collective bargaining and otherwise
effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the represen-
tation of employees 'of the Company can best be resolved by, and we
shall accordingly direct, an election by secret ballot. - Those eligible
to vote in the election shall be employees in the appropriate -unit who
were employed during the pay-roll period immediately,preceding the
date of our Direction of Election, subject to such limitations and addi-
tions as are set forth in the Direction of Election.
Upon the basis of the above findings of fact and upon-the entire
record in the case, the Board makes the following :
IIn support of its claim to represent a_ majority of the employees in the agreed appro-
priate unit , the Union submitted to the Regional Director authorization cards. The report
of the Regional Director discloses that these cards , with few exceptions , bear apparently
genuine signatures and that a substantial number of such signatures are names of em-
ployees on the Company 's pay roll of May 16 , 1941. The record does not disclose the
number of such authorization cards nor what dates appear on them. There are about 131
employees in the agreed appropriate unit. '
120 DECISIONS OF NATIONAL LABOR .RELATIONS BOARD
CONCLUSIONS OF LAW
1. A. question affecting commerce has arisen concerning the repre-
sentation of employees 'of Blackmer Pump Company, Grand Rapids,
Michigan, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the Act. - '
2. All production and maintenance employees of the Blackmer"
Pump Company in both the foundry and the machine shop, including
factory clerical help and 'truck drivers, but excluding office clerical
help, supervisors, executives, watchmen, and employees in the engi-
neering department, constitute a•unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the 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 collective bargaining with Blackmer
Pump Company, Grand Rapids, 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 of Election, 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 9, of said Rules and Regulations,
among all production and maintenance employees of the Company in
both the foundry and the machine shop who were employed during the
pay-roll period immediately preceding the date of this Direction, in-
cluding factory clerical help and truck drivers and 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 office clerical help, super-
visors, executives, watchmen, employees in the engineering depart-
ment, and employees who have since quit or been discharged for
cause, to determine whether or not said employees desire to be repre-
sented by Local 828, United Automobile Workers of America, affiliated
with the Congress of Industrial Organizations, for the. purposes of
collective bargaining.