Fry Products, Inc.

National Labor Relations Board - Board Decisions

Apr 1, 1939

12 N.L.R.B. 1 (N.L.R.B. 1939)

DECISIONS AND ORDERS OF THE NATIONAL LABOR
RELATIONS BOARD
In the Matter of FRY PRODUCTS, INC. and LOCAL 431, INTERNATIONAL
UNION, UNITED AUTOMOBILE WORKERS OF AMERICA
Case No. R-1298-Decided April 1, 1939
Automobile Accessory Manufacturing Industry-Investigation of Represent-
atives: controversy concerning representation : employer refused to recognize
union without certification by the Board-Unit Appropriate for Collective
Bargaining : all hourly and piece-work production employees, excluding office
and supervisory employees ; stipulation as to-Representatives : proof of choice :
comparison of list of employees and cards designating union as representative-
Certification of Representatives : upon proof of majority representation.
Mr. Charles F. MeErlean, for the Board.
Mr. Guy Bratton, of Detroit, Mich., for the Company.
Mr. Ernest Goodman, of Detroit, Mich., for the Union.
Mr. Theodore W. Kheel, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On December 16, 1938, Local 431, International Union, United
Automobile Workers of America, herein called the Union, filed with
the Regional Director for the Seventh Region (Detroit, Michigan)
a petition alleging that a question affecting commerce had arisen
concerning the representation of employees of Fry Products, Inc.,
Detroit, Michigan, herein called the Company, and requesting an
investigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On February 7, 1939, 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 1, as amended, ordered an investigation
and authorized the Regional Director to conduct it and to provide
for an appropriate hearing upon due notice.
On February 15, 1939, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
upon the Union. Pursuant to the notice, a hearing was held on
12 N. L. R. B., No. I-
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2 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
February 28, 1939, at Detroit, Michigan, before J. J. Fitzpatrick,
the Trial Examiner duly designated by the Board. The Board, the
Company, and the Union were represented by counsel and partici-
pated 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 several rulings on motions with respect
to the admission of evidence. 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 FACTS
1. THE BUSINESS OF THE COMPANY
The Company, a Michigan corporation, is engaged in the business
of the manufacture, sale, and distribution of automobile seat covers.
Its office , principal place of business , and only plant are all located
in Detroit , Michigan . During normal operations , the aggregate busi-
ness of the Company amounts to $80,000 a month. It purchases 50
per cent of the raw materials used in manufacture from sources out-
side the State of Michigan and ships 90 per cent of the finished
automobile seat covers to places outside the State of Michigan.
II. THE ORGANIZATION INVOLVED
Local 431, International Union, United Automobile Workers of
America, is a labor organization admitting to its membership all
hourly and piece-work production employees of the Company, exclud-
ing office and supervisory employees.
III. THE QUESTION CONCERNING REPRESENTATION
Prior to December 13, 1938, a labor dispute arose concerning wages
and other conditions of employment. This dispute resulted in a
strike on December 13, 1938, which was settled and an agreement
executed by the Union and a creditor's committee of the Company
on December 15, 1938. This agreement provided that negotiations
should be instituted for the purpose of settling the matters in dispute
but that a final written contract embodying any terms agreed upon
should not be executed until the Board had certified the Union as
the representative of a majority of the employees.
We find that a question has arisen concerning representation of
employees of the Company.
FRY PRODUCTS, INC. 3
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
It was stipulated and agreed by all parties in interest, and we
so find, that all the hourly and piece-work production employees of
the Company, excluding office and supervisory employees, constitute
a unit appropriate for the purposes of collective bargaining and 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
During the months of November and December 1938, the Company
was in normal operation. The pay roll of December 10, 1938, intro-
duced into evidence, listed the names of 146 employees in the appro-
priate unit on that date. The Union introduced into evidence cards
signed by employees of the Company authorizing the Union to
represent them. The genuineness of the signatures was not con-
troverted. A comparison of these cards with the pay roll of Decem-
ber 10, 1938, shows that 120 employees within the appropriate unit
have authorized the Union to represent them as their bargaining
agent. It is clear, therefore, that a majority of the employees of
the Company within the appropriate unit desire the Union to repre-
sent them for such purposes.
We find that the Union has been designated and selected by a
majority of the employees in the appropriate unit as their represent-
ative for the purposes of collective bargaining. It is, therefore, the
exclusive representative of all the employees in such unit for the pur-
poses of collective bargaining, and we will so certify.
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 rep-
resentation of employees of Fry Products, Inc., Detroit, Michigan,
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4 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the National Labor Relations Act.
2. The hourly and piece-work production employees of the Com-
pany, excluding office and supervisory employees, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the National Labor Relations Act.
3. Local 431, International Union, United Automobile Workers of
America, is the exclusive representative of all the employees in such
unit for the purposes of collective bargaining, within the meaning of
Section 9 (a) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended,
IT Is HEREBY CERTIFIED that Local 431, International Union, United
Automobile Workers of America, has been designated and selected
by a majority of the hourly and piece-work production employees of
Fry Products, Inc., Detroit, Michigan, excluding office and super-
visory employees, as their representative for the purposes of collec-
tive bargaining and that, pursuant to the provisions of Section 9 (a)
of the Act, Local 431, International Union, United Automobile
Workers of America, is the exclusive representative of all such em-
ployees for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of em-
ployment.