Heidrich Tool and Die Corp.

National Labor Relations Board - Board Decisions

Mar 15, 1945

60 N.L.R.B. 1204 (N.L.R.B. 1945)

In the Matter Of HEIDRICH TOOL AND DIE CORPORATION and INTERNA-
TIONAL UNION7 UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA, LOCAL 155, C. I. O.
Case No. 7-R-1948.-Decided March 15, 1945
Mr. B. F. Wiegard, of Detroit, Mich., for the Company.
Mr. Sig Vernb erg, of Detroit, Mich., for the U. A. W.-C. I. O.
Messrs. James G. Beck and Robert O. Brown, of Detroit, Mich., for
the Society.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Auto-
mobile, Aircraft & Agricultural Implement Workers of America,
Local 155, C. I. 0., herein called the U. A. W.-C. I. 0., alleging that
a question affecting commerce had arisen concerning the representation
of employees of Heidrich Tool and Die Corporation, Detroit, Michi-
gan, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Max
Rotenberg, Trial Examiner. Said hearing was held at Detroit, Michi-
gan, on February 27, 1945. At the commencement of the hearing, the
Trial Examiner granted a motion of Society of Tool and Die Crafts-
men, herein called the Society, to intervene. The Company, the
U. A. W.-C. I. 0., and the Society appeared at and participated in
the hearing and all parties were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. The Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed. All
parties were afforded opportunity to file briefs with the Board.
60 N. L R. B., No 205.
1204
HEIDRICH TOOL AND DIE CORPORATION 1205
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Heidrich Tool and Die Corporation is a Michigan corporation with
its principal place of business at Detroit, Michigan, where it is engaged
in the manufacture of tools, dies, jigs, special machines, and fixtures.
During the 6-month period ending June 30, 1944, the Company pur-
chased raw materials valued in excess of $100,000, about 50 percent
of which was shipped to it from points outside the State of Michigan.
During the same period, the Company sold products valued in excess
of $500,000, approximately 50 percent of which was shipped to points
outside the State of Michigan.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, Local 155, is a labor organization,
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
Society of Tool and Die Craftsmen is a labor organization, ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 9, 1945, the U. A. W.-C. I. O. requested the Company
to recognize it as the exclusive collective bargaining representative
of the Company's employees. The Company did not grant this
request.
On February 12, 1944, the Company and the Society entered into a
closed-shop contract covering the employees involved herein: The
contract provides that it shall remain in full force and effect until
January 15, 1945, and from year to year thereafter. However, the
agreement "may be terminated by either party giving notice to the
other party between December 15 and January 15 of the particular
agreement year within which it is given...." Inasmuch as the
U. A. W.-C. I. O. made its claim in timely fashion, we find that the
contract does not constitute a bar to a present' determination of
representatives.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, :indicates that the U. A. W.-C. I. O. repre-
1206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sents a substantial number of employees in the unit hereinafter found
to be appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with the parties, that all hourly
rated employees of the Company, excluding clerical employees, fore-
men, and any other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend such action, constitute
a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.2
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by, secret ballot among
the employees in the appropriate unit who were employed during the
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Heidrich Tool and
Die Corporation, Detroit, Michigan, an election by secret ballot shall
be conducted as early as possible, but not later than sixty (60) 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, Sections 10 and 11, 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 preced-
'The Field Examiner reported that the U. A. w: C . I. 0 presented 41 authorization
cards bearing the names of persons who appear on the Company 's pay roll of January 19,
1945. There are approximately 51 employees in the appropriate unit. The Society did
not present any evidence of representation but relies upon its contract as evidence of its
interest in the instant proceeding.
2 This is the same unit provided for in the contract between the Company and the Society,
alluded to above.
HEIDRICH TOOL AND DIE CORPORATION 1207
ing the date of this Direction, including 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
and have not been rehired or reinstated prior to the date of the
election, to determine whether they desire to be represented by Inter-
national Union, United Automobile, Aircraft & Agricultural Im-
plement Workers of America, Local 155, C. I. 0., or by Society of
Tool and Die Craftsmen, for the purposes of collective bargaining,
or by neither.