Chris-Craft Corp.

National Labor Relations Board - Board Decisions

Feb 15, 1946

65 N.L.R.B. 1063 (N.L.R.B. 1946)

In the Matter of CHRIS-CRAFT CORPORATION and UPHOLSTERERS'
INTERNATIONAL UNION OF NORTH AMERICA (A. F. L.)
Case No. 7-R-2083.-Decided February 15, 1946
Mr. Wayne Van Osdol, of Detroit, Mich., for the Company.
Mr. Leslie K. Hougham, of Detroit , Mich., for the Upholsterers.
Mr. Oscar Geltman , of counsel to the Board.
DECISION
,AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Upholsterers' International Union
of North America (A. F. L.), herein called the Upholsterers, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Chris-Craft Corporation, Algonac, Mich-
igan, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Robert
J. Wiener, Trial Examiner. The hearing was held at Detroit, Mich-
igan , on August 21, 1945, and September 24, 1945. The Company
and the Upholsterers appeared and participated. All parties were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and 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 or FACT
I. THE BUSINESS OF TIIE COMPANY
Chris-Craft Corporation, a Michigan corporation, is engaged at a
plant at Algonac, Michigan, in the manufacture of landing craft
for the United States Navy. During the 12-month period preceding
the date of the hearing, the Company purchased raw materials valued
65 N. L. R. B No 189
1063
1064 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in excess of $1,500,000, and sold finished products valued in excess of
$5,000,0001
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Upholsterers' International Union of North America is a labor or-
ganization affiliated with the American Federation' of Labor, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to grant recognition to the Upholsterers as
the exclusive bargaining representative of any of its employees until
the Upholsterers has been certified by the Board in an appropriate
unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Upholsterers 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 Upholsterers seeks a separate craft unit consisting of "all
operators, cutters, and upholsterers in the upholstering department of
the Company's Algonac plant." The Company contends that such a
unit is inappropriate.
Between August 1, 1937, and August 1, 1942, these employees were
represented by Federal Labor Union Local 20873, which then had a
closed-shop agreement with the Company covering all the produc-
tion employees at the Algonac plant. After this agreement expired,
a consent election was held lender Board auspices,3 as a result of
which four labor organizations affiliated with the American Federa-
tion of Labor, herein called the Unions,4 were determined to be the
statutory representatives of all Algonac plant employees, with cer-
' It appears from the record in Matter of Chris-Craft Corporation, 66 N. L. R. B. 230,
involving the same Company and heard at about the same time as the instant case, that
approximately half of the raw materials represented shipments from points outside the
State of Michigan, and more than half of the finished products represented shipments to
points outside the State.
2 The Field Examiner reported that the Upholsterers submitted four membership appli-
cation cards, all dated in May 1945 There are five employees in the appropriate unit.
Case No 7-R-1254.
These labor organizations are . United Biotherhood of Carpenters & Joiners of America ;
International Association of Machinists , International Brotherhood of Electrical Workers
of America : and Brotherhood of Painters , Decorators and Paper Hangers of America.
CHRIS-CRAFT CORPORATION 1065
tarn exceptions." On November 23, 1943, the Company and the
Unions entered into a closed-shop agreement effective until Decem-
ber 31, 1944, covering such employees.
By oral agreement, this contract has continued in effect, except as
to certain matters.6 Although according to the terms of the existing
agreement, the Unions collectively represent the Company's employees
in one plant-wide unit ,7 and although they have collectively negotiated
with the Company in regard to terms and conditions of employment,
it appears from the record that each of the Unions in practice sep-
arately represents only the employees in its respective craft group.
It further appears that since the inception 'of the existing agreement,
none of the Unions has represented the employees in the upholstering
department."
The Company opposes the establishment of the proposed unit. It
contends that the employees involved are not functionally different
from other employees, that on the basis of past bargaining history they
belong in the plant-wide unit, and that certification of an additional
employee representative would increase the Company's bargaining dif-
ficulties and interfere with its production activities. We do not agree.
Before, the war, the employees in the upholstering department did
upholstering work only. During the war, most of their work con-
sisted of cutting and stitching canvas. Although they worked at other
tasks from time to time during the war period, it appears that such
work was performed only when there was no canvas work available.
We find that these employees constitute a clearly defined craft group .9
Inasmuch as no other labor organization is presently seeking to rep-
resent these employees, we attach no particular significance to the
history of collective bargaining as developed in the record."' Nor do
we find merit in the argument that the Company's bargaining diffi-
culties will be increased by its recognition of the proposed unit." We
5 The following categories were excluded from the unit : superintendents, foremen, assist-
ant foremen , office and clerical employees , salaried employees , firemen, and uniformed
guards
Several issues . including questions of wages and vacations , are in dispute , and have
been submitted for determination to the National War Labor Board.
I In the text of the agreement signed by the Company and the Unions , the Unions are
referred to as "American Federation of Labor and affiliated International Unions , herein-
after called the `Union ' " The agreement provides that "the Union is recognized as the
sole bargaining agent for all employees of the Company ," excepting certain specified cate-
gories The excepted categories are identical with those noted at footnote 5, supra.
8 A witness for the Upholsterers and a witness for the Company testified to this effect.
Although each of the Unions was duly served with the Notice of Hearing herein, none of
them appeared or was represented at the hearing.
9 See Matter of The Nahon Company , 42 N. L It. B 329.
She Matter of 9rmstiong Cork Company , 61 N L R B 1320.
In its brief , the Company attributes these difficulties to the fact that the Unions which
collectively represent the existing unit find it " almost impossible * * * to agree
among themselves," and implies that recognition of the Upholsterers would complicate the
present situation with respect to the existing unit However , the Upholsterers in this pro-
ceeding seeks a unit separate and apart from the existing unit.
1066 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
conclude that the upholstering department employees may function
together for purposes of collective bargaining.
We find that all operators, cutters, and upholsterers in the uphol-
stering department of the Company's Algonac plant, excluding the
foreman 12 and all or any other supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect change&
in the status of employees, or effectively recommend such action, con-
stitute a unit appropriate 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 employ-
ees 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 Di-
rection.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National La-
bor 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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Chris-Craft Cor-
poration, Algonac, Michigan, an election by'secret ballot shall be con-
ducted 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
Ili, Sections 10 and 11, of said Rules and Regulations, among em-
ployees 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 and
have not been rehired or reinstated prior to the date of the election,
to determine whether or not they desire to be represented by Uphol-
sterers' International Union of North America (A. F. L.), for the
purposes of collective bargaining.
12 The parties stipulated that the foreman of the upholstery department has supervisory
duties.