134 N.L.R.B. 769 (N.L.R.B. 1961)

Dun Rite Polishing, Buffing and Plating Corp.

National Labor Relations Board - Board DecisionsNov 27, 1961

134 N.L.R.B. 769 (N.L.R.B. 1961)

DUN RITE POLISHING, BUFFING AND PLATING CORP. 769 Dun Rite Polishing , Buffing and Plating Corporation 1 and Metal Polishers , Buffers, Platers and Helpers International Union, AFL-CIO, Local No. 1, Petitioner. Case No. 7-RC-4459. No- vember 27, 1961 SUPPLEMENTAL DECISION, ORDER, AND DIRECTION OF ELECTION On July 21, 1961, the Board issued a Decision and Direction of Election in this proceeding 2 finding appropriate a unit of production and maintenance employees employed by Fred Rich d/b/a City Wide Metal Finishing Co., herein called City Wide. Thereafter, on Au- gust 18, 1961, the Petitioner moved to amend the Decision and Direc- tion of Election by substituting Dun Rite Polishing, Buffing and Plating Corporation, herein called Dun Rite, as the Employer therein and by directing an election among the employees at the 5800 Russell Street, Detroit, Michigan, operation formerly conducted by City Wide. Dun Rite opposed the granting of this motion; City Wide did not re- spond thereto. The Board, having duly considered the Petitioner's motion and the response thereto, concluded that the issues raised could best be resolved by a hearing. Accordingly, on September 8, 1961, the Board remanded the proceeding to the Regional Director for the Seventh Region for the purpose of adducing evidence bearing on the identity of the employer of the employees in the unit heretofore found appropriate and the continued appropriateness of the unit. On September 29, 1961, the hearing on remand was held. The record developed at this hearing discloses that Dun Rite, as was found in the original decision, is engaged in electroplating operations in Detroit. As of the date of the original hearing, City Wide was per- forming certain polishing work for it at the 5800 Russell Street ad- dress. Thereafter, City Wide abandoned, and Dun Rite assumed, this operation. Dun Rite's general manager supervises it. The former employees of City Wide who wished to continue in Dun Rite's employ have been retained. They are operating the same equipment as formerly, performing the same type of work. City Wide no longer occupies any portion of the Russell Street premises involved. Dun Rite does not perform polishing work except at Russell Street. In view of the foregoing, on the basis of the entire record in this proceeding, the Board finds that Dun Rite Polishing, Buffing and Plating Corporation, is a successor to Fred Rich d/b/a City Wide Metal Finishing Co., and that its employees at 5800 Russell Street, Detroit, Michigan, constitute a unit appropriate for collective- ' In accordance with the decision herein, the Employer 's name appears as amended. 2 Not published in NLRB volumes 134 NLRB No. 76. 630849-62-vol. 13 4- 5 0 770 DECISIONS OF NATIONAL LABOR RELATIONS BOARD bargaining purposes. We shall, accordingly, amend our original De- cision herein 3 IT IS HEREBY ORDERED that the original decision herein be, and it hereby is, amended to read as follows : The following employees of the Employer constitutes a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act : All production and maintenance employees employed by Dun Rite Polishing, Buffing and Plating Corporation at 5800 Russell Street plant, Detroit, Michigan, excluding office clerical and plant clerical employees, guards, professional employees, and super- visors as defined in the Act. [Text of Direction of Election omitted from publication.] MEMBERS RODGERS and LEEDOM took no part in the consideration of the above Decision and Direction of Election. 3 See Georgia Creosoting Corporation, 133 NLRB 349 . As appears from the original decision , the assertion of jurisdiction over Dun Rite is plainly warranted. Goldeen's, Inc. and Judson W. Whitmore, Petitioner and Retail Store Employees Union, Local No. 428, Retail Clerks Inter- national Association , AFL-CIO Martino's Complete Home Furnishings and Martino 's Budget Store 1 and Wave Helm , Petitioner and Retail Store Employees Union, Local No. 428, Retail Clerks International Association, AFL-CIO L. Lion & Sons Company, Inc., and Lion 's Exchange Store 2 and Melda Maitoza , Petitioner and Retail Store Employees Union, Local No. 428, Retail Clerks International Association, AFL- CIO Gryder-Kuykendall , Inc. and Loren N. Hyland, Ruby Allen, Mildred Flood , Virginia Terry and John S. Adams, Petitioners and Retail Store Employees Union , Local No. 428, Retail Clerks International Association , AFL-CIO Elroy H. Shank, A. L. Abrott, Warren D . Reilly and Charles Robinson , Co-Partners, d/b/a Robinson & Sons Co. and Carolyn A. Mikesell, Petitioner and Retail Store Employees Union, Local No. 428, Retail Clerks International Association, AFL-CIO 'Petition was amended at the hearing to include both stores. 2 Petition was amended at the hearing to include both stores. 134 NLRB No. 66.