Cherry Rivet Co.

National Labor Relations Board - Board Decisions

Mar 27, 1943

48 N.L.R.B. 680 (N.L.R.B. 1943)

In the Matter of CHERRY RIVET COMPANY and- INTERNATIONAL UNION,.
UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT"-
WORKERS OF AMERICA (U. A. W.-C. 1. 0.), LocAL 509-
Case No. R-5009.-Decided March 27, 1943
Jurisdiction : rivet manufacturing industry.
Investigation and Certification of Representatives : existence of question : com-
pany failed to answer union 's request for recognition ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em=
ployees with specified exclusions ; stipulations as to.
Mr. Paul R. Watkins, of Los Angeles, Calif., for the Company.,
Mr. Walter 0. Howell, of Los Angeles, Calif., for the Union.
Mr. Robert iSilagi, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by, International. Union, United Auto-
mobile, Aircraft and Agricultural "Implement Workers of America
(U. A. W.-C. I. 0.), Local 509, herein called the Union, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Cherry Rivet Company, Los Angeles, California,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Daniel J.
Harrington, Trial Examiner. Said hearing was held at Los Angeles,
California on March 12,1943. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on 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 COMPANY
Cherry-Rivet Company is a California corporation and is engaged
in the business of manufacturing blind aluminum rivets for aircraft,
48 N. L. R. B., No. 85.
680
CHERRY RIVET 'COMPANY 681W
and tools known as, guns for applying these rivets. During- 1942 the'
Company purchased approximately $300,000 worth of raw-materials,
including aluminum, iron, and steel. Most of the purchases were
made from local jobbers or from fabricators ,who procured practically
all said raw mate"rials from points outside the State of California..
During that same period of time the Company manufactured rivets
and guns valued in excess of $800,000, two-thirds of which was de-
livered to companies outside the State of California. The Company
is entirely engaged in production for war purposes. '
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America (U. A. W.-C. I: 0.), Local 509, is a
labor organization affiliated with the Congress of Industrial Organiza-
tions, admitting to membership employees of the Company!
III. THE QUESTION CONCERNING REPRESENTATION
On February 15,1943, the Union informed the Company by telegram
that it represented a majority of the Company's production and main-
tenance employees. It also requested an appointment to negotiate
a contract on their behalf. No reply to this request was received by
the Union.
A statement of an agent of the Board, introduced into evidence, at,
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriate 1
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 parties stipulated and we find that all production and mainte-
nance employees of the Company, including truck drivers and truck
drivers' helpers, but excluding confidential salaried employees, office
employees,2 plant-protection guards, and supervisory employees with
the right to hire and discharge, constitute a unit appropriate for the
I The Board 's agent reported that the Union submitted 67 application cards, all of which
bore apparently genuine original signatures ; that they were dated as follows : 2 in December
1942, 2 in January 1943, 62 in February 1943, and 1 undated; that the names of 5;S
persons whose apparent signatures appeared on the cards were listed on the Company's
pay roll of March 7, 1943, which contains the names of 190 persons in the appropriate unit.
2 The parties further stipulated that office employees include certain "office employees
of production supervision groups," such employees now being four in number.
682-, DECISIONS OF -NATIONAL, LABOR RELA'mONS BOARD
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-
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 Rela-
tions 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 Cherry Rivet Com-
pany, Los Angeles, California, 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 Twenty-first Region, acting in this matter
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 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
those employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by International
Union, United Automobile, Aircraft and 'Agricultural Implement
Workers of America (U. A. W.-C. I. 0.), Local 509, affiliated with
the Congress of Industrial Organizations, for the purposes of collec-
tive bargaining.