72 N.L.R.B. 876 (N.L.R.B. 1947)

Cadillac Gage Co.

National Labor Relations Board - Board DecisionsFeb 20, 1947

72 N.L.R.B. 876 (N.L.R.B. 1947)

In the Matter of CADILLAC GAGE COMPANY, ESLrLOYER and INTERNA- TIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL. IMPLEMMENT WORKERS OF AMERICA (U. A. `V.-C. I. 0.), PETITIONER Case No. 7-R-25,01-Decided February 20, 1947 Messrs. R. E. Bauer and C. H. Bauer, of Detroit, Mich., for the . Employer. Mr. Frederick W. Bibber, of Detroit, Mich., for the Petitioner. Mr. Leonard J. Mandl, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES Upon a petition duly filed, the National Labor Relations Board on December 6, 1946, conducted a prehearing election among em- ployees of the Employer in the alleged appropriate unit to determine whether or not they desired to be represented by the Petitioner for the purposes of collective bargaining. At the close of the election a Tally of Ballots was furnished the parties. The Tally shows that, of the approximately 43 eligible voters, 42 cast ballots, of which 21 were for, and 20 were against, the Petitioner, and 1 was void. There- after, a hearing was held at Detroit, Michigan, on December 23, 1946, before Harold A. Cranefield, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Ui3oii the entire record in the case, the National Labor Relations, Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER Cadillac Gage Company, a partnership composed of Mr. R. E. Bauer, Mrs. A. G. Bauer, Mrs. W. E. Bauer, and Mr. P. A. Pennell, is engaged in the manufacture of gauges at its plant in Detroit, Michigan. During the 11 months preceding December 1, 1946, the Employer purchased raw materials for use at this plant in an amount 72 N. L. R. B, No. 147. 876 CADILLAC GAGE COMPANY 877 exceeding $10,000, of which approximately 75 percent represented shipments from outside the State of Michigan. During the same period, the Employer's sales amounted to more than $20,000, of which approximately 715 percent represented shipments to points outside the State. The Employer admits, and we find, that it is engaged in commerce within the meaning of the National Relations Act. II. THE ORGANIZATION INVOLVED 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 has arisen concerning the representation of employees of the Employer within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in accordance with the stipulation of the parties at the hearing, that all production and maintenance employees of the Em- ployer, excluding the part-time janitress, clerical employees, and all or any other 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 As indicated above, a prehearing election was held among the em- ployees of the Employer in the appropriate unit. The election was conducted with the use of the customary type ballot utilized in cases where only one union is involved. The ballot contained language in- quiring whether or not the voter desired to be represented by the Petitioner. Under the query there were the -usual two squares, the one to the left of the vertical line drawn down the middle and marked "YES" and the one to the right of the line marked "NO," with in- structions to the voter to place an "X" in the square of his choice. At 878 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the counting of ballots, the Board agent declared void one ballot, which shows no marking, except for an "X" written across the vertical line. The center of the "X" lies slightly to the right of this line, but the entire "X" lies outside either square. The Employer contends that this ballot should be counted as a "NO" vote, because the intersection of the "X" lies to the right, or to the "NO" side, of the vertical line. We do not agree. In view of the clear, unambiguous language of the instructions on the ballot requir- ing that the voter place an "X" in the square of his choice, and inas- much as the ballot at the very least, does not clearly reflect the inten- tion of the voter, Nye find no merit in. the Employer's position and declare the ballot to be void Inasmuch as the results of the election show that the Petitioner has secured a majority of the valid votes cast, we shall certify the Peti- tioner as the collective bargaining representative of the employees in the appropriate unit. CERTIFICATION OF REPRESENTATIVES IT IS HEREBY CERTIFIED that International Union, United Automobile, Aircraft and Agricultural Implement Workers of America (U. A. W.- C. I. 0.) has been designated and selected by a majority of all produc- tion and maintenance employees of Cadillac Gage Company, Detroit, Michigan, excluding the part-time janitress, clerical employees, and all or any other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, as their representative for the purposes of collective bargaining, and that pursuant to Section 9 (a) of the Act, the said organization is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other condi- tions of employment. CHAIRMAN HERzoa took no part in the consideration of the above Decision and Certification of Representatives. I Cf. Matter of Semi-Steel Casting Company, 66 N L It. B. 713, and Matter of Burlington Mills Corporation, 56 N. L. R. B. 365.