Bundy Tubing Co.

National Labor Relations Board - Board Decisions

Oct 6, 1943

52 N.L.R.B. 1224 (N.L.R.B. 1943)

In the Matter of BUNDY TUBING COMPANY and AMALGAMATED PLANT
PROTECTION LOCAL UNION No. 114, UAW-CIO
Case No. 7-.R-1540.-Decided October 6, 1943
Beaumont, Smith and Harris, by Mr. Percy J. Donovan, of Detroit,
Mich., for the Company.
Maurice Sugar and N. L. Smokler, by Mr. N. L. Smokler, of Detroit,
Mich., for the Union.
Mr. William R. Cameron, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Amalgamated Plant Protection Local
Union No. 114, UAW-CIO, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of Bundy Tubing Company, Detroit, Michigan,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Max Roten-
berg, Trial Examiner. Said hearing was held at Detroit, Michigan, on
September 10, 1943. The Company and the Union appeared, partici-
pated and were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were
afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Bundy Tubing Company, a corporation organized and existing by
virtue of the laws of one of the States of the United States, has its
principal office and place of business in the city of Detroit, Michigan,
52 N. L. R. B., No. 202.
1224
BUNDY TUBING COMPANY 1225
where it owns and operates two manufacturing plants engaged en-
tirely in the manufacturing of war materials for the United States
Government. During the year 1942 the Company used raw materials
amounting in value to more than $4,500,000, of which approximately
95 percent was purchased and shipped from points outside the State of
Michigan. During the same period, the Company sold finished prod-
ucts amounting in value to more than $10,500,000, of,which approxi-
mately 50 percent was shipped to points outside the State of Michigan.
II. THE ORGANIZATION INVOLVED
Amalgamated Plant Protection Local Union No. 114, UAW-CIO
is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated August 5, 1943, the Union notified the Company
that it claimed to represent a majority of the plant-protection em-
ployees at the Company's plants, and requested a collective bargain-
ing conference . The Company replied, by letter of August 11, 1943,
that because of a provision in its contract with the International
Union, United Automobile, Aircraft and Agricultural Implement
Workers of America, and its Local Union No. 369, whereby the said
International and its Local No. 369 agreed not to solicit, or accept
for membership, plant-protection employees, it became necessary for
the Company to reject the Union's request.
The Company, at the hearing, denied that a question concerning
the representation of the Company's plant-protection employees has
arisen , and contends that the Union is, estopped from seeking to
represent the plant-protection employees, by reason of the con-
tract provision above mentioned. For reasons which we have set
forth in similar cases cited below, we find that the Company's con-
tention is without merit, and that the contract does not constitute a
bar to an investigation to determine representatives in this pro-
ceeding.'
A statement to the Regional Director, introduced in evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found to be appropriate.2
1 See Matter of Packard Motor Car Company, 47 N. L. R. B . 932; Matter of Briggs Manu-
facturing Company, 49 N. L. R. B. 57; Matter of The Murray Corporation of America, 49
N. L. R. B. 925; Matter of Federal Motor Truck Company, f )O N. L. R . B. 214; Matter of
Arvey Corporation, 50 N. L. R. B. 999
2 The Regional Director reported that the Union had submitted 12 authorization cards,
dated from July 31 to August 4, 1943, all of which bore the apparently genuine original
signatures of persons whose names were on a list of the Company' s employees submitted by
the Company's attorney on August 17, 1943. Said list contained the names of 19 persons.
1226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question affecting commerce has arisen conderning
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
The Union contends that all plant-protection employees of -the,
Company, in its plants both at Hern Avenue and at East Nine Mile
Road in Detroit, excluding the chief and assistant chief, constitute`
an appropriate bargaining unit. The Company contends that a unit
composed of its plant-protection employees is not an appropriate
one. It asserts, in support of its contention that, inasmuch as these
employees have been sworn in as members of the auxiliary military'
police, and are subject to certain control and discipline by officers
of the armed forces of the United States, they are not employees
within the meaning of the Act. It further asserts that their duties
as plant-protection employees are such that they constitute part of
the Company's supervision or are allied with management; and that
certification of a bargaining representative for such employees would
not effectuate the policies of the Act, would be contrary to public
policy, and would be inconsistent with the war effort. The record
discloses that their duties are those customarily assigned to plant-
protection employees, i. e., guarding the entrances to the plant, ob-
serving the actions of employees and others on the premises, sup-
pressing disorders, caring for certain plant equipment, and generally
guarding the property of the Company and of the Government
against fire, theft and sabotage. We have heretofore held that plant-
protection employees, having similar duties, may constitute a unit
appropriate for the purposes of collective bargaining .3 No sufficient
evidence appears in the present case to justify a departure from our
established policy.
We find that all plant-protection employees at the Hern Avenue
and East Nine Mile Road plants of the Company, excluding the
chief, assistant chief, and all other supervisory employees with.
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
8 See Matter of Frigidaire Division , General Motors Corporation, 39 N. L. R. B. 1108 ;
Matter of Chrysler Corporation , Highland Park Plant, 44 N. L. R. B. 881 ; Matter of The
Maytag Company, 44 N. L. R. B 1265 ; Matter of McCormick Works, International Harvester
Company, 44 N. L. R. B . 1332; Matter of Curtiss -Wright Corporation , 45 N. L. R. B., 1268;
Matter of Jones and Laughlin Steel Company, Otis Works , 49 N. L. R. B. 390 ; Matter of
Federal Motor Truck Company, 50 N L. R. B 214 ; Matter of Dravo Corporation, 52
N. L. R. B . 322; Matter of Hudson Moto, Car Company, 52 N. L . R. B. 399.
BUNDY TUBING COMPANY
V. THE DETERMINATION OF REPRESENTATIVES
1227
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
Election 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 Re-
lations 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 Bundy Tubing
Company, 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, Sections 10 and 11, 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 temporarily laid off, and including employees in the
armed forces of the United States who present themselves in person
at the polls, but excluding any who have since quit or been dis-
- charged for cause, to determine whether or not they desire to be
represented by Amalgamated Plant Protection Local Union No. 114,
UAW-CIO, -for the purposes of collective bargaining.