James Vernor Co.

National Labor Relations Board - Board Decisions

Jan 2, 1942

38 N.L.R.B. 1 (N.L.R.B. 1942)

DECISIONS AND ORDERS OF THE NATIONAL LABOR
RELATIONS BOARD
In the Matter Of JAMES VERNOR CO11IPANY and UNITED CONSTRUCTION
WORKERS ORGANIZING COMMITTEE, LOCAL 297 , AFFILIATED WITH THE
C..I.O.
Case No. R-2978
AMENDMENT TO DIRECTION OF ELECTIONS
January 2, 1942
On December 9, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above entitled proceeding.'
On December 19, 1941, United Construction Workers Organizing
Committee, Local 297, affiliated with the C. I. 0., requested leave to
withdraw its petition, pro tanto, insofar as it extends to employees
at the Company's branches at Kalamazoo, Port Huron, Monroe, and
-Lansing, all in the State of Michigan. No other labor organization
has asserted, in these proceedings, an interest in the employees at the
aforesaid branches.
The Board hereby amends the Direction of Elections by striking
from paragraph 2 of the Direction the words "Port Huron," "Lansing,"
"Monroe," and "and Kalamazoo" and inserting immediately following
the word "Jackson" the word "and."
The Board, having been advised by the Regional Attorney for the
Seventh Region that a longer period within which to hold the elections
is necessary, hereby amends the aforesaid Direction of Elections by
striking therefrom, wherever they occur, the words "not later than
thirty (30) days from the date of this Direction" and inserting in
lieu thereof the words "not later than forty-five (45) days, from the
date of this Direction."
1 37 N L R B, 388
38 N L R. B., No. 1.
1
438861-42-vo1.38 2
In the Matter Of JAMES VERNOR COMPANY and UNITED CONSTRUCTION
WORKERS ORGANIZING , COMMITTEE, LocAL 297, AFFILIATED WITH THE
C. I. O.
Case No. R-2978
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
February 16, 1942
On December 9, 1941, and January 2, 1942, respectively, the Na-
tional Labor Relations Board, herein called the Board, issued a De-
cision and Direction of Elections 1 and an Amendment to Direction
of Elections2 in the above-entitled proceeding directing: (1) that
an election by secret ballot be conducted among the Detroit metro-
politan area employees of James Vernor Company, herein called the
Company; (2) that separate elections by secret ballot be conducted
at certain of the Company's branches within the State of Michigan.
Pursuant to the Direction of Elections, as amended, elections by secret
ballot were conducted on January 23, 1942, under the direction and
supervision of the Regional Director for the Seventh Region (De-
troit, Michigan). On January 27, 1942, the Regional Director, acting
pursuant to Article III, Section 9, of the National Labor Relations
Board Rules and Regulations-Series 2, as amended, issued and duly
served upon the parties his Election Report.
As to the balloting concerning Detroit metropolitan area employees,
the Regional Director reports as follows :
Total on eligibility list______________________---------------------- ---------------- 169
Total ballots cast___________________________________________ 148
Total ballots challenged_____________________________________ 5
Total blank ballots__________________________________________ 0
Total void ballots___________________________________________ 0
Total valid votes cast_______________________________________ 143
Votes cast for, Associated Beverage Workers of America -------- 38
Votes cast for United Construction Workers Organizing Com-
mittee, Local 297, Affiliated with the C. I. O.________________ 101
Votes cast for neither_______________________________________ 4
137 N. L R B. 388.
x 28 N. L. R. B. 1.
38 N. L. R. B., No. la
2
JAMES VERNOR COMPANY 3
As to the balloting and its results concerning the employees at the
Ann Arbor, Flint, Jackson, Pontiac, and Saginaw branches in the
State of Michigan, the Regional Director reported as follows :
Ann Arbor, Michigan
Total on eligibility list______________________________________ 4
Total ballots cast___________ _______________________________ 3
Total ballots challenged_____________________________________ 0
Total blank ballots_________________________________________ 0
Total void ballots___________________________________________ 0
Total valid votes cast________________________________________ 3
Votes cast for United Construction Workers Organizing Com-
mittee, Local 297, Affiliated with the C. I. 0 ---------------- 0
Votes cast against United Construction Workers Organizing
Committee, Local 297, Affiliated with the C. I. O.____________ 3
Flint, Michigan
Total on eligibility list______________________________________ 9
Total ballots case___________________________________________ 9
Total ballots challenged_____________________________________ 0
Total blank ballots_________________________________________ 0
Total void ballots___________________________________________ 0
Total valid votes cast________________________________________ 9
Votes cast for United Construction Workers Organizing Com-
mittee, Local 297, Affiliated with the C. I. O.________________ 0
Votes cast against United Construction Workers Organizing
Committee, Local 297, Affiliated with the C. I 0 ------------ 9
Jackson, Michigan
Total on eligibility list______________________________________ 3
Total ballots cast___________________________________________ 3
Total ballots challenged_____________________________________ 0
Total blank ballots_________________________________________ 0
Total void ballots___________________________________________ 0
Total valid votes cast________________________________________ 3
Votes cast for United Construction Workers Organizing Com-
mittee, Local 297, Affiliated with the C. I. O.________________ 1
Votes cast against-United Construction Workers Organizing
Committee, Local 297, Affiliated with the C. I O.____________ 2
Pontiac, Michigan
Total on eligibility list -------------------------------------- - 5
Total ballots cast___________________________________________ 0
Total ballots challenged_____________________________________ 0
Total blank ballots_________________________________________ 0
Total void ballots___________________________________________ 0
Total valid votes cast_______________________________________ 0
Votes cast for United Construction Workers Organizing Com-
mittee, Local 297, Affiliated with the C. I. O.________________ 0
Votes - cast against United Construction Workers Organizing
Committee, Local 297, Affiliated with the C. I. O.____________ 0
4 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Saginaw , Michigan
Total on eligibility list---------------------------------------------------------- 5
Total ballots cast-------- ------------------------------------ 4
Total ballots challenged ------------------------------------- 0
Total blank ballots------------------------------------------ 0
Total void ballots------------------------------------------- 0
Total valid votes cast---------------------------------------- 4
Votes cast for United Construction Workers Organizing Com-
mittee, Local 297, Affiliated with the C. I 0 ---------------- 4-
Votes , cast against United Construction Workers Organizing
Committee , Local 297 , Affiliated with the C. I 0 ------------ 0
In its Decision and Direction of Elections above-referred to, the
Board,made no final determination as to the appropriate unit or'units
but found "that all regular employees of the Company in the Detroit
metropolitan area [with certain -exceptions] may constitute a unit
appropriate for the purposes of collective bargaining" and that "em-
ployees in the foregoing classifications employed at the Company's
[Ann Arbor, Flint, Jackson, Pontiac, and Saginaw] branches within
the State of Michigan, may or may not be included within the above
unit depending on the results of the elections."
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDING OF FACT
We find that all regular employees of the Company in the Detroit
metropolitan area and at the Company's Saginaw, Michigan, branch,
classified as distribution, production, and maintenance employees,
warehousemen, and retail-store clerks, excluding company executives,
department heads, branch managers , foremen, assistant sales man-
agers, sales supervisors, office, accounting, or tabulating-room em-
ployees, telephone order clerks, and all other employees classified as
clerical by the Company (except salesmen), and also excluding all
such employees at the Ann Arbor, Flint, Jackson, and Pontiac, Mich-
igan , branches, constitute a unit appropriate for the purposes of col-
lective bargaining. We further find that said unit will insure to said
employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise will effectuate
the policies of the Act.
SUPPLEMENTAL CONCLUSION of LAW-
All regular employees of James Vernor Company, Detroit, Mich-
igan, in the Detroit metropolitan area and at the Company's Saginaw,
Michigan, branch, classified as distribution, production, and main-
tenance employees; warehousemen, and retail-store clerks, excluding
company executives, department heads, branch managers, foremen,
assistant sales managers, sales supervisors, office, accounting, or tab-
JAMES VERNOR COMPANY 5
ulating-room employees, telephone 'order clerks, and all other em-
ployees classified as clerical by the Company (except salesmen), and
also excluding all such employees at the Ann Arbor, Flint, Jackson,
and Pontiac, Michigan, branches, constitute a unit appropriate for
the_ purposes of collective bargaining within"the meaning of Section
,9 (b) 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HERESY CERTIFIED that United Construction Workers Organiz-
ing Committee, Local 297, Affiliated with the C. I. 0., has been desig-
nated and-selected by a majority'of all regular employees of James
'Vernor Company, Detroit, Michigan, in the Detroit metropolitan area
and at the Saginaw, Michigan, branch, classified as distribution, pro-
duction, and maintenance employees, warehousemen, and retail-store
clerks, excluding company executives, department deads, branch man-
agers, foremen,( assistant sales managers, sales supervisors, office,
accounting, or tabulating-room employees, telephone order clerks, and
all other employees classified as clerical by the Company (except sales-
men), and also excluding all such employees at the Ann Arbor, Flint,
Jackson, and Pontiac, Michigan, branches, as their representative
for the purposes of collective bargaining, and that, pursuant to Section
9 (a) of the Act, United Construction Workers Organizing Committee,
Local 297, Affiliated with the C. I. 0., is the exclusive representative of
all such employees for the purposes of collective bargaining with
respect to - rates of pay, wages, hours of employment, and other
conditions of employment. '