Fitzsimons Manufacturing Co.

National Labor Relations Board - Board Decisions

Apr 22, 1942

40 N.L.R.B. 782 (N.L.R.B. 1942)

In the Matter of FITzsIMoNS MANUFACTURING CO. and LOCAL $ 155,
UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTUR.AL IMPLEMENT
WORKERS OF AMERICA, C. I. O.
Case No. R-3693.Decided April 22, 1942
Jurisdiction : automobile parts manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition ; election necessary.
,Unit. Appropriate for Collective Bargaining : all employees of the Company, in-
cluding die setters, but excluding superintendents, foremen, assistant fore-
men, time checkers, time-study men, watchmen, and all office employees ;
agreement as to.
Mr. Frank H. Boos, of Detroit, Mich., for the Company.
Mr. Nat Ganley, of Detroit, Mich., for the Union.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
SATEMENT OF THE CASE
On January 27, 1942, Local #155, United Automobile, Aircraft
and Agricultural Implement Workers of America, C. I. 0., herein
called the Union, filed with the Regional Director for the Seventh
Region (Detroit, Michigan) a petition alleging that a question af-
fecting commerce had arisen concerning the representation of em-
ployees of Fitzsimons Manufacturing Co., Detroit, Michigan, herein
called the Company, and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On March
24, 1942, 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 Regula-
tions-Series 2, as amended, ordered an investigation and author-
ized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
40 N. L. R. B., No. 133.
782
A , FITZSIivIONS ,MANUFACTURING "CO. - 783
-11 Oh-March'26, 1942, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
Union: ''Pursuant to notice,'a hearing was held on April 3, 1942, at
Detroit, Michigan, before Jerome H. Brooks, the Trial Examiner
duly designated by the Chief Trial Examiner. The Company and
the Union appeared by their representatives 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 . During- the hearing, the Trial Examiner made rulings
,n motions and on the admission of evidence . ' The Board has re-
viewed the rulings of the Trial Examiner and finds that no preju-
dicial errors were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE , COMPANY
Fitzsimons Manufacturing Co., a Michigan corporation with its
principal place of business and plant at Detroit, Michigan, is engaged
in the manufacture of parts for motor vehicles. -During-the calendar
year 1941, the Company used raw materials consisting of`stdel tubing,
sheet and strip metal, and brass and copper tubing of the total value of
approximately $835,000, of which 00 percent was secured from sources
outside the State of Michigan. During the same period, the Com-
pany sold finished products valued at approximately $1,700,000, of
which 10 percent was shipped to points outside the State of Michigan.
The ,Company employs approximately '200 employees.
II. THE ORGANIZATION INVOLVED
Local #155, United Automobile , Aircraft and Agricultural Im-
plement Workers of America , is a labor organization , affiliated with
the Congress of Industrial Organizations , admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Shortly before the filing of the petition herein, the Union requested
the Company to recognize it as the exclusive representative of the
Company's employees at its Detroit, Michigan, plant. The Company
refused to recognize the Union unless and until it had been certified
by the Board.
From a' report prepared by the Regional Director and submitted
in evidence at, the hearing, it appears that the Union represents a
784 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
substantial number of the Company's employees in the unit herein-
after found to be appropriate.'
We find that a question has arisen concerning the representation
of the employees of the Company.
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. THE APPROPRIATE UNIT
At the hearing, the parties stipulated that the appropriate unit
should consist of all employees of the Company including die setters,
but excluding direct representatives of management such as super-
intendents, foremen, assistant foremen, time checkers, time-study
men, watchmen, and all office employees.
We find that all employees of the Company including die setters,
but excluding superintendents, foremen, assistant foremen, time
checkers, time-study men, watchmen, and all office employees, con-
stitute a unit appropriate for the purposes of collective bargaining.
We further find that said unit will insure to employees of the Com-
pany the full benefit of their right to self-organization and to col-
lective bargaining and otherwise will effectuate the policies of the
Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an'election by secret ballot. The Coin-
pany and the Union agreed that a current pay roll should be used to
determine eligibility to vote and that approximately 75 employees,
who were temporarily laid off at the time of the hearing, should be
eligible to vote. In accordance with the stipulation of the parties
and our usual practice, we shall direct that the employees of the
Company eligible to vote in the election shall be those in the appro-
3 The Regional Director reported that the Union had presented to him 151 application-
for-membership cards, of which 107 we're dated between October 15 , 1939, and September
5, 1941, and 44 undated The Regional Director further reported that of 145 signatures
affixed to the said cards , 109 appeared to be the oiigmal signatures of persons within the
unit claimed by the Union and whose names were on the pay roll of March 13, 1942
There are approximately 189 employees in the appropriate unit
FITZSIMONS MANUFACTURING CO. 785
priate unit who were employed during the pay-roll period immedi-
ately preceding the date of the Direction of Election herein, subject
to the limitations and additions set forth in the Direction.
Upon the basis of the above findings of fact and upon the entire
eecord in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of the employees of Fitzsimons Manufacturing Co., De-
troit, Michigan, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the Act.
2. All employees of the Company including die setters , but ex-
'cludinb superintendents , foremen, assistant foremen, time checkers,
time-study men, watchmen , and all office employees , constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing 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
Relations 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 ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Fitzsimons Manufacturing Co., at its Detroit, Michigan, plant,
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
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 employees of the Company who were
employed during the pay-roll period immediately preceding the date
of this Direction, including die setters and any such employees who
did not work during such pay-roll period because they were ill or
on vacation or in the active military service or training of the United
States,, or temporarily laid off, but excluding superintendents, fore-
men, assistant foremen, time checkers, time-study men, watchmen, all
office employees, and any who have since quit or been discharged for
cause, to determine whether or not they desire to be represented by
Local #155, United Automobile, Aircraft and Agricultural Imple-
ment Workers of America, C. I. 0., for the purposes of collective
bargaining.
455771-42-vol. 40-50