Fruehauf Trailer Co.

National Labor Relations Board - Board Decisions

Dec 26, 1942

46 N.L.R.B. 399 (N.L.R.B. 1942)

In the Matter Of FRTjEHAUF TRAILER - COMPANY and AMALGAMATED
PLANT PROTECTION LOCAL UNION 114, UNITED AUTOMOBILE, AIRCRAFT
AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, C. I. O.
Case No. R-4604.-Decided December 06, 1942
Jurisdiction : ordnance manufacturing industry.
Investigation . and Certification of Representatives : existence of question : re-
fusal to accord recognition because, propriety of proposed unit was questioned ;
election necessary.
Unit Appropriate for Collective Bargaining : all plant protection employees,
excluding the chief, captains, lieutenants, sergeants, and other supervisory
employees.
Definitions : plant protection employees held employees within' the meaning of
the Act.
Buizell, Eaman, Long, Gust cC Bills, by Mr. Victor W. Klein, of
Detroit, Mich., for the Company. -
Sugar and Goodman, by Mr. Ernest Goodman, of Detroit, Mich., for
the Union.
Mr. Louis Cokin, of counsel-to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Amalgamated Plant Protection Local
Union 114,-United Automobile, Aircraft and Agricultural'Implement
Workers of America, affiliated with the Congress of Industrial Organ-
izations, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Fruehauf Trailer Company, Detroit, Michigan, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Robert J. Wiener, Trial
.Examiner. Said hearing was held at Detroit, Michigan, on November
30, 1942. The Company and the Union appeared, participated, and
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the ,issues.
46 N. L R. B.,, No. 48,
399
400 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Trial Examiner's , rulings made at the hearing are free from
prejudicial error and are hereby affirmed.'
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Fruehauf Trailer Company is a Michigan corporation with its prin-
cipal place of business at Detroit, Michigan, where ' it is engaged in
the manufacture of gun carriers and various types of trailers used
by the United States' armed forces. The Company purchases, raw
materials' valued in excess of .$10,000'.000 annually, approximately 50
percent of which is shipped to it from points outside Michigan, and
ships finished products valued in excess of $10,000,000 annually, to
points outside Michigan. The Company admits that it is engaged
,in commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Amalgamated Plant Protection Local Union 114, United Automo-
'bile, Aircraft and ,-Agricultural Implement Workers of America,, is
a labor organization affiliated with the Congress of Industrial Or-
ganizations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On October 8,11942, the Union requested the Company to recognize
it as exclusive representative of certain of the Company's employees.
The Company did not reply to this request.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of the employees in the unit hereinafter found to be appropriate.'
We fund that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
,of Section 9 (c)y and Section '2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union contends that all plant protection employees at the
Harper Avenue plant of the Company, excluding the chief,, captains,
lieutenants, sergeants, and all other supervisory employees, constitute,
a unit appropriate for the purposes- of collective bargaining. The
I The Reeional Director reported that the Union presented 16 membership application'
cards bearing apparently genume , signatures of persons whose names , appear on the Com-
pany's pay : roll of October 30, 1942 There are 20 employees on that pay roll who are
in the appropriate unit
FRUEHAUF TRAILER COMPANY 401
Company contends that because of the nature of the ditties and re-
sponsibilities of the plant protection force and because of their rela-
tion to the Company they are a part of the management and that,
therefore, they should not be set up as an appropriate bargaining unit.
The plant protection employees are uniformed and carry firearms-
Their duties are to protect property of the Company and preserve law
rind order. They work on gate duty inspecting all incoming and out-
going vehicles, check the identifications of employees, and at present
one of their more important duties is to prevent sabotage. The plant
protection force employees are hired, discharged, and paid by the
Company.,
We cannot accept the Company's contention that the plant protec-
tion employees are representatives of management. Clearly the rela-
tionship between the Company and the plant protection force is that
of einployer and employee. We find nothing in the duties of the
employees, set forth above, to warrant its in depriving them of self-
organization and collective bargaining guaranteed employees under
the Act. We find that the plant protection employees are employees
within the meaning of Section 2 (3) of the Act and are entitled to all
its- benefits.1
The Company argues that the organization of these employees by the
Union will divide their allegiance between the Company and the
Union inasmuch as another local of the same International organiza-
tion presently represents the production and maintenance employees
of the Company,. The Act confers upon employees the right to self-
organization and to bargain collectively through representatives of
their own choosing. We will not infer that under the circumstances
here presented, the effectuation' of the policies of the Act will result
in divided allegiance.
The chief, captains, lieutenants, and sergeants are supervisory
employees and, in accordance with the agreement of the parties, we
shall exclude them from the unit. Accordingly, we find that all
plant protection employees at the-Harper Avenue plant 'of the Com-
pany, excluding the chief, captains, lieutenants, sergeants, and other
supervisory employees, constitute 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 the em-
ployees within the appropriate unit who were employed during the
2 See Matter of Chrysler Corporation, Highland Park Plant and Local 114 United Automo-
bile, Aircraft and Agricultural Implement Workers of America, affiliated with the C. 1 0.,
44 N L R. B. 881.
504086-43-vol. 46-26
402 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pay-roll period immediately preceding the date of the Direction of
Election herein , subject to the limitations and additions set forth in
the Direction.
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 Rela-
tions Act , and pursuant ,to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Fruehauf Trailer
Company, Detroit, Michigan , 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 10, of said Rules and Regulations, among the
employees 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 any such 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 any who have since quit or been discharged for cause,
to determine whether or not they desire to be represented by Amal-
gamated Plant Protection Local Union No. 114, United Automobile,
Aircraft and Agricultural Implement Workers of America, affiliated
with the Congress of Industrial Organizations , for the purposes of
collective bargaining.