Cadillac Gage Co.

National Labor Relations Board - Board Decisions

Feb 17, 1944

54 N.L.R.B. 1421 (N.L.R.B. 1944)

In the Matter of CADILLAC GAGE COMPANY, and LOCAL 155, INTER-
NATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA (UAW-CIO)
Case No. 7'-R-1632.Decided February 17,19144
Mr. John Anderson, of Detroit, Mich., for the Union.
Mr. Glenn L. Moller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local 155, International Union,
United Automobile, Aircraft and Agricultural Implement Workers
of America (UAW-CIO), herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Cadillac Gage Company, Detroit, Michigan, herein
called the Company, the National Labor Relations Board -provided
for an appropriate hearing upon due notice before Robert J. Weiner,
Trial Examiner. Said hearing was held at Detroit, Michigan, on
January'11, 1944. The Union appeared and participated; all parties
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
an 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
Russell E. Bauer, doing business under the registered and assumed
name of Cadillac Gage Company, operates a plant in Detroit, Michi-
gan, where he is engaged in the manufacture of thread ring and plug
gages. During the first six months of 1943, the Company purchased
3 Although duly notified of the hearing , the Company failed to appear.
54 N. L. It. B., No. 221.
1421
1422 -DECISIONS OF NATIONAL LABOR RELATIONS BOARD
goods and materials valued in excess of $50,000, over 50 percent of
which was shipped to the Company's Detroit plant from points out-
side the State of Michigan. During the same period the Company
sold products valued in excess of $50,000, 75 percent of which was
shipped to points outside the State of Michigan.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Local 155, International Union, United Automobile, Aircraft and
Agricultural Implement Workers of America (UAW-CIO), affiliated
with the Congress of Industrial Organizations, is a labor organiza-
tion admitting to membership employees of the Company.
III . THE QUESTION CONCERNING REPRESENTATION
During the month of October 1943, the Union requested recog-
nition by the Company as the exclusive bargaining representative of
the Company's employees. The Company has refused to grant such
recognition until the Union has been certified by the Board in an
appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.2
We find that a question affecting commerce has arisen concerning
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 alleges in its petition, the record shows, and we find
that all hourly paid employees of the Company, excluding office em-
ployees and all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
2 The Regional Director reported that the Union submitted 29 cards bearing apparently
genuine original signatures of persons listed on the Company's pay roll of January 1944,
which contained the names of 65 employees in the appropriate unit.
CADILLAC GAGE COMPANY 1423
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 Relations Act,
.and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, it is hereby.
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Russell E. Bauer,
doing business under the registered and assumed name of Cadillac
Gage 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 Ar-
ticle 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 tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding any who have since quit or been discharged for cause and have
not been rehired or reinstated prior to the date of the election, to de-
termine whether or not they desire to be represented by Local 155,
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America (UAW-CIO), affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining.