Fram Corp.

National Labor Relations Board - Board Decisions

Jun 10, 1941

32 N.L.R.B. 492 (N.L.R.B. 1941)

In the Matter of FRAM CORPORATION and TIE UNI'toD AUTOMOBILE
WORKERS OF AiuERICA, AFJ LILTED WITII THE C. I. O.
Case No. R-2567.-Decided June 10, 1941
Jurisdiction : oil filter manufacturing industry.
Investigation and Certification of Representatives : existence of question: Com-
pany refused to recognize either of rival unions until representatives of its
employees had been determined by the Board; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees excluding foremen, assistant foremen, timekeepers, and time-study,
men ; agreement as to.
Burke cf Burke, by Mr. Louis Burke, of Ann Arbor, Mich., for the
Company.
Maurice Sugar, by 111r. N. L. Smokler, of Detroit, Mich., for the
United.
Mr. Edward F. Conlin, of Ann Arbor, Mich., for the Association.
Mr. Joseph C. Gill, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 6, 1941, United Automobile Workers of America, affiliated
with the C. I. 0., herein called the United; filed with the Regional
Director for the Seventh Region (Detroit, Michigan) a petition
alleging that a question affecting commerce had arisen concerning the
i epresentation of employees of the Fram Corporation, Ann Arbor,
Michigan, herein called the Company, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On April 8, 1941, 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.
On May 6, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the United, and
32 N. L. R. B., No 98.
492
FRAM CORPORATION 493
the Frain Employees Association, herein called the Association, a
iabor organization claiming to represent employees directly affected
by the investigation. Pursuant to notice, a hearing was held on,
May, 13, 1941, at Ann Arbor, Michigan, before Earl R. Cross, the
Trial Examiner duly designated by the Chief Trial Examiner. The
Company, the United, and the Association were represented by coiln-
sel 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 course of
the hearing the Trial Examiner made various rulings on motions
and on the admission of evidence. The Board has reviewed the
rulings bf the Trial Examiner and find's that no prejudicial errors
were comliiitted: 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
Fram Corporation is a IZhode Island corporation engaged in the
business of manufacturing oil filters and replacement cartridges for
oil filters. The home office of Fram Corporation is located in Rhode
Island. It has a branch plant at Ann Arbor, Michigan, and one at
Otsego, Michigan. The principal raw materials used by the Com-
pany at the Ann Arbor plant'- are steel, cotton waste, and brass.
Seventy per, cent of these raw materials are purchased from outside
the State of Michigan. Sixty per cent of the finished products of
the Mn Arbor plant ir`e sliipped 'out of fife State of 1Vlichigali. The
Company has approximately 130 employees at its Ann Arbor, Michi-
gan, plant.
II. THE ORGANIZATIONS INVOLVED
United Adtomobile Workers of Ailierica, affiliated with the C.. I.
0., is a labor organisation admitting to its membership employees of
the Company at its Ann Arbor plant.
Fram Employees Association is an unaffiliated labor organization
admitting to its membership employees of the Comptiny at the Ann
Arbor plant.
III. THE QUESTION CONCERNING REPRESENTATION
The United requested the Company to recognize it as exclusive
representative of the employees of the Company located at Ann Arbor,
Michigan. Prior to the Uhited's request the Association made a
similar request. The Oompany refused to recognize either .labor
1 The Ann Arbor plant is the only plant of the Company involdcd in this proceeding.
494 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD
organization until the representatives of its employees had been deter-
mined by the Board. A statement of the Regional Director intro-
duced in evidence at the hearing, shows that the United repre-
sents a substantial number of employees in the unit alleged to be
appropriate.2
We find that a question has arisen concerning the representation of
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
The United, the Association, and the Company agreed at the hear-
ing, and we find, that all production and maintenance employees,
employed by the Company at its plant in Ann Arbor, Michigan,
excluding foremen, assistant foremen, timekeepers, and time-study
men, constitute a unit appropriate for the purposes of collective bar-
gaining. We further find that said unit will insure to employees
2 The statement by the Regional Director recites that the United submitted to the Re-
gional Director 37 application cards for membership in the United. Eleven were dated in
February 1941, 1 was dated March 1941 , and 25 were undated. Twenty-six cards bear
signatures which appear to be genuine , original ones. The names on these 26 cards are
names of persons who were on the Company 's pay roll of April 18, 1941 . There are
approximately 88 employes in the unit hereinafter found appropriate.
The statement of the Regional Director read into the record stated that the Association
did not submit any proof to the Regional Director in support of its claim to represent a
substantial number of employees , but that it had indicated interest in the proceeding. At
the hearing, the United objected to the intervention of tie Association on the ground that
it had not submitted any documentary or other proof that it has a substantial membership
in the alleged appropriate unit. The Association contended that its secretary , who had all
the books and records relating to the Association's membership , was out of town, and that
if the hearing could be continued 48 hours its secretary would be back and it could show
through her and her books that it had 82 members when organized in October 1940; that it
held meetings until February 1941; that in February 1941 the Association and the United
Automobile Workers of America , affiliated with the American Federation of Labor, had
agreed to a consent election under the auspices of the Board ; that 75 or 80 of the Com-
pany's employees are now members of the Association ; that dues were asked for by the
secretary and were paid . The Trial Examiner refused to continue the hearing , and also
refused to allow the Association to bring its members in one at a time to testify, which the
Association sought to do when its request for a continuance was denied . The Trial Exam-
iner failed expressly to pass on the motion to intervene. In view of these facts and circum-
stances, the Board is of the opinion that the Association is properly a party to this
proceeding and should be accorded a place on the ballot in the election to be held as here-
after directed.
PRAM CORPORATION 495
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 the repre-
sentation of employees of the Company can best be resolved by, and
we shall accordingly direct, an election by secret ballot. The United,
the Association, and the Company agree that the eligibility of employ-
ees to vote should be determined by the Company 's pay roll for the
period ending May 3, 1941. We shall direct that all employees of
the Company in the appropriate unit whose names appear on the
Company's pay roll of May 3, 1941 , subject to such limitations and
additions as are set forth in the Direction , 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 Fram Corporation, Ann Arbor, Michigan,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
National Labor Relations Act.
2. All production and maintenance employees , excluding foremen,
assistant foremen, timekeepers , and time-study men , constitute a unit
appropriate for purposes of collective bargaining within the mean-
ing of Section 9 ( b) of the National Labor Relations 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 Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that , as part of the investigation authorized by the Board
to ascertain representatives for purposes of collective bargaining
with Fram Corporation, Ann Arbor, 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 , 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 production and maintenance employees of Fram Corporation, Ann
496 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Arbor, Michigan, whose names appear on the Company's pay roll for
the period ending May 3,,1941, ,including employees who did not
work during such pay-roll period because they were ill or on vaca-
tion or in the active military service or training of the United States,
or temporarily l `aid off, but exclu' ding foremen, assistant foremen, time-
keepers, and time-study men, and employees who have since, quit or
been discharged for cause, to determine whether they desire to be
represented by International Union, United Automobile Workers of
America; affiliated with the Congress of Industrial Organizations, or
by Frain Employees Association, for the purposes of collective bar-
gaining, or by neither.