Detroit Steel Products Co.

National Labor Relations Board - Board Decisions

Jun 10, 1941

32 N.L.R.B. 481 (N.L.R.B. 1941)

In the Matter Of DETROIT STEEL PRODUCTS COMPANY , 2250 E. GRAND
BLVD. , DETROIT and INTERNATIONAL UNION , UNITED AUTOMOBILE
WORKERS OF AMERICA , AFFILIATED WITH THE C. I. 0.
In the Matter of DETROIT STEEL PRODUCTS COMPANY, SASH PLANT and
INTERNATIONAL ASSOCIATION OF BRIDGE , STRUCTURAL AND ORNA-
MENTAL IRON WORKERS, AFFILIATED WITH THE A. F. L.
Cases Nos. R-2606 and R-260'7.Decided June 10,1941
Jurisdiction : steel products manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition to either of rival labor organizations ; election
necessary.
Unit Appropriate for Collective Bargaining : hourly rate production and main-
tenance employees including watchmen , timekeepers, and shop clerical em-
ployees, but excluding foremen, superintendents , assistant superintendents,
and office employees ; stipulation as to.
Mr. Rockwell T. Gust, of Detroit, Mich., for the Company.
Mr. Harold Stern, of New York City, for the Iron Workers.
Maurice Sugar and Jack N. Tucker, by Mr. Jack N. Tucker, of
Detroit, Mich., for the Automobile Workers.
Mr. Frederic B. Parkes, 2nd, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 12 and April 24, 1941, respectively, International
Union, United Automobile Workers of America, affiliated with the
C. I. 0., herein called the Automobile Workers, and International
Association of Bridge,- Structural and Ornamental Iron Workers.
affiliated with the A. F. L., herein called the Iron Workers, each
filed with the Regional Director for the Seventh Region (Detroit.
Michigan) separate petitions alleging that a question affecting com-
merce had arisen concerning the representation of employees of
Detroit Steel Products Company, Sash Plant, Detroit, Michigan.
herein called the Company, and requesting an investigation and certi-
32 N. L. R. B., No. 96.
481
482 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
fication of representatives, pursuant to section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On May
3191941, the National Labor Relations Board, herein called the Board,
acting pursuant to Section 9 (c) of the Act, and Article III, Section
3, of National Labor Relations Board Rules and Regulations-Series
2, as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice; and pursuant to Article III, Section 10 (c) (2) of
said Rules and Regulations, ordered that the two cases be consolidated
for all purposes.
On June 2, 1941, the Regional Director issued a notice of hearing.,'
A hearing was held on June 3, 1941, at Detroit, Michigan, before
Robert J. Weiner, the Trial Examiner duly designated by the Chief
Trial Examiner. The Company, the Automobile Workers, and the
Iron Workers were represented by counsel or official representative
and participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence
bearing on the issues was afforded all parties. No objections to the
introduction of evidence or to the. rulings of the Trial Examiner were
made by, any of the parties. The Board has reviewed the rulings of
the Trial Examiner and finds that no prejudicial errors were com-
mitted. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Detroit Steel Products Company is a Michigan corporation having
its office and principal place of business in Detroit, Michigan. At
its sash plant at 2250 East Grand Boulevard, the Company is engaged
in the manufacture of steel windows and steel sashes. During the
year 1940, the Company purchased for use at its sash plant raw mate-
rials, valued at approximately $2,000,000, of which 70 to 75 per cent
were purchased and shipped to it from points outside the State of
Michigan. Between 3 and 10 per, cent of the products manufactured
at the Company's Detroit sash plant are shipped to the Company's
year 1940, the Company purchased for use at its sash plant raw mate-
tains branch offices for its sash plant in 10 or 13 States and employs
salesmen throughout the United States for its sash plant. The Com-
pany employs approximately 750 employees.
i On May 29, 1941, the Company, the Iron workers, and the Automobile workers signed
a waiver of service of notice of hearing.
DETROIT STEEL PRODUCTS COMPANY
II. THE ORGANIZATIONS INVOLVED
483
International Union, United Automobile Workers of America is a
labor organization affiliated with the Congress of Industrial Organi-
zations, admitting employees of the Company's sash plant to
membership.
International Association of Bridge, Structural and Ornamental
Iron Workers is a labor organization affiliated with the _ American
Federation of Labor, admitting employees of the Company's sash
plant to membership.
III. THE QUESTION CONCERNING REPRESENTATION
In April or May 1940, the Iron Workers requested the Company to
recognize it as the exclusive bargaining representative of the Com-
pany's production employees at its Detroit sash plant. On January
29, 1941, the Automobile Workers made a similar request. On each
occasion , the Company refused to grant such recognition to either
labor organization, A statement of the Regional Director introduced
into evidence at the hearing shows that both the Iron Workers and
the Automobile Workers represent a substantial number of employees
in the unit found below to be appropriate.2
We find that a question has arisen concerning the representation
of employees of the Companies.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I, above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. TAE APPROPRIATE UNIT
The Company, the Iron Workers, and the Automobile Workers
stipulated at the hearing, and we find, that all hourly rate production
and maintenance employees at the Company's Detroit sash plant,
including watchmen, timekeepers, and shop clerical employees, but
excluding foremen, superintendents, assistant superintendents, and
office employees, .constitute a unit appropriate for the purposes of
a Both the Iron Workers and the Automobile Workers filed authorization cards with the
Regional Director, who found that most of the signatures on the cards were genuine and
constituted a substantial number of the names of persons on the Company 's pay roll.
448692-42-vol. 32-32
484 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
collective bargaining . We further find that said unit will insure to
employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate the
policies. of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning representa-
tion can best be resolved by, and we shall accordingly direct, an
election by secret ballot. The Company, the Iron Workers, and the
Automobile Workers requested that the pay roll of April 28, 1941,
be used for determining eligibility to vote. Since the pay roll of that
date is the last before the strike which commenced on May 7, 1941,
we shall grant the request of the parties and shall direct that those
employees in the appropriate unit whose names appear on the Com-
pany's pay roll of April 28, 1941, subject to such limitations and
additions as are set forth in the Direction of Election herein, shall
be eligible to vote in the election.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Detroit Steel Products Company, Sash
Plant, Detroit, Michigan, within the meaning, of Section 9 (c) and
Section 2 (6) and (7) of the Act.
2. All hourly rate production and maintenance employees at the
Company's Detroit sash plant, including watchmen, timekeepers, and
shop clerical employees, but excluding foremen, superintendents,
assistant superintendents, and office employees, constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
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 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to determine representatives for the purposes of collective bargaining
with Detroit Steel Products Company, Sash Plant, Detroit, Michigan,
an election by secret ballot shall be conducted as soon as possible,
but not later than thirty (30) days from the date of this Direction,
DETROIT STEEL PRODUCTS COMPANY 485
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, Section 9, of said
Rules and Regulations, among all hourly rate production and mainte-
nance employees of the Company's Detroit sash plant, whose names
appear on the Company's pay roll of April 28, 1941, including watch-
men, timekeepers, shop clerical employees, and employees who did not
work during such pay-roll period because they we're ill or on vacation
or in the active military service or training of the United States,
or temporarily laid off, 'but excluding foremen, superintendents, as-
sistant superintendents, office employees,, and any employees who have
since quit or been discharged for cause, to determine whether they
desire, to be represented -for the purposes of • collective bargaining by
International Union, United Automobile Workers of America, affili-
ated with the Congress of Industrial Organizations, or by Inter-
national Association of Bridge, Structural and Ornamental Iron
Workers, affiliated with the American Federation of Labor, or by
neither.