Horace G. Preston Co.

National Labor Relations Board - Board Decisions

May 12, 1941

31 N.L.R.B. 780 (N.L.R.B. 1941)

I
In the Matter of HORACE G. PRESTON COMPANY and UNITED AUTOMO-
BILE WORKERS OF AMERICA, LOCAL 174,' C. I. O.
Case No. R-2516.Decided May 12, 1941
Investigation and Certification of'Representatives : stipulation for certification
upon consent pay-roll check.
Mr. D. G. Gyer, of Detroit, Mich., for the Company-
Mr. Daniel M. Gallagher, of Detroit, Mich., for the Union
Mr. Frederic B. Parkes, end, of counsel to the Board
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On March 24, 1941, United Automobile Workers of America, Local
174, C. I. 0., 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 representa-
tion of employees of Horace G. Preston Company, herein called the
Company, engaged in the manufacture and sale of mechanical leather
packings and gaskets at Detroit, Michigan, and requesting an investi-
gation and certification of representatives pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein called the Act.
On April 2, 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 hear-
ing upon due notice. On April 10, 1941, the Company, the Union,
and the Board entered into a "STIPULATION FOR CERTIFICATION UPON
CONSENT PAYROLL CHECK."
Pursuant to the stipulation a pay-roll check by comparison of union
designations with the pay roll of the Company for the period ending
March 26, 1941, was made on April 10, 1941, under the supervision of
,the Regional Director, to determine the number of factory employees,
including'the shipping clerk and janitor, and excluding foremen, other
supervisory employees, and clerical workers, who designated the Union
as their bargaining agency. On April 10, 1941, the Regional Director,
31 N. L. R. B., No. 131.
780
HORACE G. PRESTON COMPANY 781
acting pursuant to the stipulation, issued and duly served upon the
parties his Consent Payroll Check Report. No objections to' said
Report have been filed by any of the parties.
In his Report the Regional Director reported that the comparison
of the union designations with the pay roll of the Company showed
that sixteen (16) of twenty (20) eligible employees had authorized
the Union to represent them for the purposes of collective bargaining
with the Company with respect to rates of pay, wages, hours of work,
and other conditions of employment.
Upon the basis of the stipulation, the Consent Payroll Check Re-
port, and the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the rep-
resenfation of employees of Horace G. Preston Company, Detroit,
Michigan, within the meaning of Section 9 (c) and Section 2_(6)
and- (7) of the National Labor Relations Act.
2. All factory employees, including, the shipping clerk and jan-
itor, and excluding foremen, other supervisory employees, and cler-
ical workers, constitute a unit appropriate for the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act.
3. United Automobile Workers of America, Local 174, C. I. 0., has
been designated and selected by a majority of the employees in the
above unit as their representative for the purposes of collective bar-
gaining and is the exclusive representative of all the employees in
said unit 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
Relations Act,
IT IS HEREBY CERTIFIED that United Automobile Workers of Amer-
ica, Local 174, C. I. 0., has been designated and selected by a ma-
jority of the factory employees, including the shipping clerk and
janitor, of Horace G. Preston Company, Detroit, Michigan, excluding
foremen, other supervisory employees, and clerical workers, as their
representative for the purposes of collective bargaining, and that
pursuant to the provision of Section 9 (a) of the Act, United Auto-
mobile Workers of America. Local 174, C. I. 0., is the exclusive rep-
resentative of all such employees for the purposes of collective bar-
gaining in respect to rates of pay, wages, hours of employment, and
ether conditions of eniploynient. • '