Irwin-Pedersen Arms Co.

National Labor Relations Board - Board Decisions

Nov 30, 1942

45 N.L.R.B. 920 (N.L.R.B. 1942)

In the Matter Of IRWIN-PEDERSEN ARMS COMPANY and INTERNA-
TIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA
Case No. R-4477.-Decided November 30, 1942
Jurisdiction : ordnance manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord recognition until certification by the Board; election and
determination of eligibility postponed pending receipt of information from
Regional Director as to increase in Company's personnel; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, with specified inclusions and exclusions; stipulation as to.
Mr. Carl J. Riddering, of Grand Rapids, Mich., for the Company.
Mr. Maurice Sugar and Mr. N. L. Smokier, 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 International Union, United Automo-
bile, Aircraft and Agricultural Implement Workers of ' America,
herein called the Union , alleging that a question affecting commerce
had arisen concerning the representation of employees of Irwin-
Pedersen Arms Company , Grand Rapids , Michigan, herein called the
Company, the National Labor Relations Board provided for an ap=
propriate hearing upon due notice before Frederick P. Meat , Trial
Examiner. Said hearing was held at Grand Rapids, Michigan, on
November 4, 1942. The 'Company and the Union appeared , partici-
pated, and 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY'
Irwin-Pedersen Arms Company is a Michigan corporation operat-
ing a plant at Grand Rapids, Michigan, where it is engaged in the
45 N. L. R. B., No. 134.
920 1
IRWIN-PEDERSEN ARMS COMPANY ,921
manufacture of small arms. All products made by the Company are
manufactured solely for the United States Government. The Com-
pany admits that it is engaged in commerce within the meaning of
the National Labor Relations Act.
i
1 II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America is a labor organization affi-
liated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
111. THE QUESTION CONCERNING REPRESENTATION
The Company refuses • to recognize the Union as the exclusive
representative of the Company's employees until such time as the
Union is certified by the Board.
A statement of the Trial Examiner, introduced into evidence, indi-
cates that the Union represents a substantial number of the 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 mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
,production and maintenance employees at the Grand Rapids plant
of the Company, including inspectors, leaders, and set-up men, but
excluding superintendents, foremen, assistant foremen, supervisory
employees with the authority to hire and discharge or to so recom-
mend, office and shop clerical employees, plant protection employees,
engineering and drafting employees, chemists, and metallurgists;
constitute a unit appropriate for the purposes of collective bargain-
ing, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
The Union contends that an election should be conducted in the
immediate future. The Company urges that no election be' held
until such time as 50 percent of its anticipated full complement of
employees is employed. The Company first commenced operations at
1 The Trial Examiner reported that the Union presented 287 membership application cards
bearing apparently genuine signatures of persons whose names appear on the Company's
pay roll for the period ending October 24, 1942. There are 391 employees on that pay roll
who are in the unit hereinafter found to be appropriate.
922 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
'its Grand Rapids plant in March 1942 . On October '24, 1942, the
Company had in its employ 391 persons . The record indicates that
the Company 's full complement of employees will consist of 1,500
persons, and that about half of such employees will have been em-
ployed by the end of January 1943 . Inasmuch as approximately
50 percent of A he contemplated full complement of the-Company's
employees will be reached in approximately 6 to 8 weeks from the
date , of this Decision , we shall not, at this time, order an immediate
election or select a date for determining eligibility to participate
therein . However, upon advice from the Regional Director as to the
number of persons employed by the Company during January 1943,
we shall then select a date for the election and for determining
eligibility . Eligibility to vote in the election will, therefore, be
extended to employees within the appropriate unit who were em-
ployed during the pay-roll period to be determined by the Board in
the future , subject to the limitations and additions set forth in the
Direction of Election herein.
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 Irwin-Pedersen
Arms Company, Grand Rapids, Michigan, an election by secret ballot
shall be conducted-at such time as the Board may in the future direct,
ender 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 are employed during a pay-roll period to
be determined by the Board at a future date, including any such em-
ployees who do not work during said pay-roll period because they
are ill or on vacation or in the active military service or training of the
United States, or temporarily laid off, but excluding any who between
the pay-roll date to be determined by the Board and the date of the
election quit or are discharged for cause, to determine whether or not
they, desire to be represented by International Union, United Auto-
mobile, Aircraft and Agricultural Implement Workers of America,
affiliated with-the Congress of Industrial Organizations , for the pur-
poses of collective bargaining.