Knight Plating Co.

National Labor Relations Board - Board Decisions

Feb 24, 1942

39 N.L.R.B. 148 (N.L.R.B. 1942)

In the Matter of W. B. KNIGHT D/B/A KNIGHT PLATING COMPANY
AND W. B. KNIGHT AND B. J. RINEHART, D/B/A R-K-MACHINE &
TOOL COMPANY and UNITED AUTOMOBILE, AIRCRAFT AND AGRICUL-
TURAL IMPLEMENT WORKERS OF AMERICA, LOCAL 835, AFFILIATED
WITH THE CIO
Case No. R-3438.-Decided February 04, 1942
Jurisdiction: metal parts plating and processing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to recognize petitioning union ; contract for more than two years with
rival union no bar, where it has run for more than a year and where ma-
jority status of rival union at time of execution of contract, doubtful; elec-
tions necessary.
Unit Appropriate for Collective Bargaining : separate units: (1) all production
and maintenance employees- of Knight Plating Company, excluding clerical
and supervisory employees; (2) all production and maintenance employees
of R-K-Machine & Tool Company, excluding clerical and supervisory em-
ployees ; agreement as to.
Mr. Frederick R. Bolton, of Detroit, Mich., for the Companies.
Mr. Maurice Sugar and Mr. N. L. Smokier, of Detroit, Mich., for
the U. A. W.
Mr. Carl Kroviak, of Detroit, Mich., for the Metal Polishers.
Mr. Max E. Halpern, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 12, 1941, United Automobile, Aircraft and Agricul-
tural Implement Workers of America, Local 835, affiliated with the
Congress of Industrial Organizations, herein called the U. A. W.,
filed with the Regional Director for the Seventh Region (Detroit,
Michigan) a petition, and on December 1, 1941, an amended peti-
tion, alleging that a question affecting commerce had arisen concern-
ing the representation of employees of W. B. Knight d/b/a/ Knight
Plating Company and W. B. Knight and B. J. Rinehart, d/b/a/ R-K-
39 N. L. R. B., No. 27.
148
KNIGHT PLATING COMPANY 149
Machine & Tool Company, Detroit, Michigan, herein called the
Companies, 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 December 22,
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 hearing
upon due notice.
On December 27, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Companies, the
U. A. W., and upon Metal Polishers, Buffers, Platers and Helpers,
International Union, Local No. 1 of Detroit, Michigan, affiliated with
the 'American Federation of Labor, herein called the Metal Polish-
ers. Pursuant to notice, a hearing was held on January 6, 1942,
at Detroit, Michigan, before Jerome H. Brooks, the Trial Examiner
duly designated by the Chief Trial Examiner. The Companies, the
U. A. W., and the Metal Polishers were represented by counsel and
participated in the hearing. Full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues was afforded all parties. During the course of
the hearing the Trial Examiner made various rulings on motions
and on objections to the admission of evidence. The Board has
reviewed the rulings of the Trial Examiner and finds that no preju-
dicial errors were committed. The rulings are hereby affirmed.
The U. A. W. filed a brief which the Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANIES
Knight Plating Company is an unincorporated business solely
owned and operated by W. B. Knight, having its principal office and
only plant in Detroit, Michigan, where it is engaged in the plating
of metal parts. Over 95 percent of all the raw materials used by
Knight Plating Company originate in places outside the State of
Michigan, although such raw materials are purchased from local
dealers. Approximately 90 percent of the parts to be plated by it
are shipped to it from points outside the State. During the first 6
months of 1941 the total sales of Knight Plating Company were
approximately $60,000, about 20 percent of which were made to cus-
tomers outside the State of Michigan; all or almost all the remaining
150 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sales were made to automobile manufacturers within the State of
Michigan. Knight Plating Company employs about 25 persons.
R-K-Machine & Tool Company is an unincorporated business
owned by W. B. Knight and B. J. Rinehart, as partners, having its
place of business and only plant in Detroit, Michigan, where it is
engaged in the processing of parts for pumps used in airplane motors
and other parts of airplanes. It receives materials for processing
from the Detroit Gear and Machine Division of the Borg-Warner
Company, approximately 90 percent of which are received from
companies located outside the State of Michigan. All the parts
processed by R-K-Machine & Tool Company are shipped to the
Detroit Gear and Machine Division of the Borg-Warner Company
and are placed in pumps which are, in turn, sent to airplane com-
panies located outside the State of Michigan. From August 1 to
December 1, 1941, the total purchases of R-K-Machine & Tool Com-
pany amounted to approximately $6,000, and the total sales amounted
to approximately $8,500. It employs about 15 persons.
The Companies admit that they are engaged in commerce within
the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
United Automobile, Aircraft and Agricultural Implement Work-
ers- of America, Local 835, is a labor organization affiliated with
the Congress of Industrial Organizations. It admits to membership
employees of the Companies.
Metal Polishers, Buffers, Platers and Helpers International Union,
Local No. 1 of Detroit, Michigan, is a labor organization affiliated
with the American Federation of Labor. It admits to membership
employees of the Companies. -
III. THE QUESTIONS CONCERNING REPRESENTATION
The parties stipulated that questions concerning representation
have arisen in that the U. A. W. has requested and the Companies
are withholding exclusive bargaining rights until the U . A. W. is
certified by the Board.'
A statement of the Regional Director introduced in evidence and
documents submitted by the U. A. W. at the hearing show that the
I The Companies introduced into evidence an exclusive bargaining contract between
Knight Plating Company and the Metal Polishers, without stating their purpose in so doing
Clearly, the contract does not constitute any bar with respect to the employees of
R-K-Machine & Tool Company. We find also that the contract does not constitute a bar
with respect to the employees of Knight Plating Company because the Metal Polishers
does not claim and it does not appear that it had a majority when the contract was
executed , and the contract is for a 21/2 year term of which some 16 months have run.
KNIGHT PLATING COMPANY 151
U. A. W. has substantial representation among the employees of both
Companies in the units hereinafter found to be appropriate.2
We find that questions' have arisen concerning the representation
of employees of the Companies.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Companies
described in Section I above, have a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tend to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNITS
The parties agree and we find that (1) all production and mainte-
nance employees of Knight Plating Company, excluding clerical
and supervisory employees ; and (2) all production and maintenance
employees of R-K-Machine & Tool Company, excluding clerical and
supervisory employees , constitute units appropriate for the purposes
"of collective bargaining . We find further that said units will insure
to employees of the Companies the full benefit of their right to self-
organization and to collective bargaining and will otherwise effectuate
the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the questions concerning representation which have
arisen can best be resolved by, and we shall, accordingly, direct,
separate elections by secret ballot among the employees of Knight
'The Regional Director ' s statement shows that the U. A. W. submitted 17 authorization
cards of employees of Knight Plating Company ; 8 of these are dated between 'September
and November 1941, and 9 are undated ; the U. A W. submitted 4 authorization cards of
employees of R-K-Machine & Tool Company ; 2 of these are dated in November 1941 and 2
are undated ; signatures , apparently genuine, were affixed to all these cards except one,
which was hand-printed , and all bear the names of persons appearing on the Knight Plating
Company's pay roll of November 15, 1941, and the R-K -Machine & Tool Company's pay roll
of December 1, 1941.
At the hearing the II A. W. introduced in evidence 40 authorization cards; 34 bear
signatures and 3, hand-printed names of employees of Knight Plating Company . Of these
37 -cards, 19 are dated between September 18, 1941, and January 6 , 1942 , and 18 are
undated; 3 bear signatures of employees of R-K -Machine & Tool Company and are dated
November 22, 1941. Petitions signed by all these employees , disclaiming membership in
the Metal Polishers , were also introduced in evidence.
The parties stipulated that as of the date of the hearing 40 employees were employed
by Knight Plating Company and the R-K -Machine & Tool Company. Knight affirmed that
25 of these were employed by Knight Plating Company and 15 by R -K-Machine & Tool
Company.
The U. A. W. expressed no objection to the Metal Polishers appearing on the ballots in
the elections hereinafter directed.
152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Plating Company and R-K-Machine & Tool Company within the
respective appropriate units, who were employed during the pay-roll
period immediately preceding the Direction of Elections herein,
subject to the limitations and additions set forth in the Direction.
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. Questions affecting commerce have arisen concerning the rep-
resentation of employees of Knight Plating Company and R-K-Ma-
chine & Tool Company, Detroit, Michigan, within the meaning of
Section 9 (c) and Section 2- (6) and (7) of the National Labor
Relations Act.
2. All production and maintenance employees of Knight Plating
Company, excluding clerical and supervisory employees, and all
production and maintenance employees of R-K-Machine & Tool
Company, excluding' clerical and supervisory employees, constitute
units appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the National Labor Relations Act.
DIRECTION OF ELECTIONS
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, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended, it is hereby `
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Knight Plating Company and R-K-Machine & Tool Company,
Detroit, Michigan, elections by secret ballot shall be conducted as
early as possible but not later than thirty (30) 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, Sec-
tion 9, of said Rules and Regulations, among: (1) all production
and maintenance employees of Knight Plating Company, employed
during the pay-roll period immediately preceding the date of this
Direction, including employees who did not work during such pay-
roll period because they were ill or on vacation or in the active
military service or training of the United States, or temporarily
laid off, and excluding clerical and- supervisory employees and em-
ployees who have since quit or been discharged for cause, to determine
whether they desire to be represented by United Automobile, Air-
KNIGHT PLATING COMPANY 153
craft and Agricultural Implement Workers of America, Local 835,
affiliated with the Congress of Industrial Organizations, or by
Metal Polishers, Buffers, Platers and Helpers, International Union
Local No. 1 of Detroit, Michigan, affiliated with the American Fed-
eration of Labor, for the purposes of collective bargaining, or by
neither; and (2) all production and maintenance employees of,R-K-
Machine & Tool Company, employed during the pay-roll period
immediately preceding the date of this Direction, including em-
ployees who did not work during such pay-roll period because they
were ill or on vacation or in the active military service or training
of the United States, or temporarily laid off, and excluding clerical
and supervisory employees and employees who have since quit or
been discharged for cause, to determine whether they desire to be
represented by United Automobile, Aircraft and' Agricultural Im-
plement Workers of America, Local 835, affiliated with the Congress
of Industrial Organizations, or by Metal Polishers, Buffers, Platers
and Helpers, International Union, Local No. 1 of Detroit, Michigan,
affiliated with the American Federation of Labor, for the purposes
of collective bargaining, or by neither.
CHAIRMAN MiLLIs took no part in the consideration of the above
Decision-and Direction of Election.
In the Matter of W. B. KNIGHT D/B/A KNIGHT PLATING COMPANY AND
W. B. KNIGHT AND B . J. RINEHART , D/B/A R-K-MACHINE & TOOL
COMPANY and UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA, LOCAL 835, A i-LTATED wrrH THE
C. 1. 0.
Case No. R-3438
CERTIFICATION OF REPRESENTATIVES
March 31, 194J
On February 24, 1942, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled proceeding.' Pursuant to the Direction of Elections,
elections by secret ballot were conducted on March 11, 1942, under the
direction and supervision of the Regional Director for the Seventh
Region (Detroit, Michigan). On March 14, 1942, the Regional Di-\,
rector, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, issued
and duly served upon the parties an Election Report. No objections
to the conduct of the ballot or the Election Report have been filed
by any of the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
(1) KNIGHT PLATING COMPANY
Total on eligibility list______________________________________ 37
Total ballots cast_ __________________________________________ 36
Total ballots challenged _____________________________________ 1
Total blank ballots - ----------------------------------------- 1
Total void ballots__________________________________________ 2
Total valid votes cast____________-------------------------- ----------- 32
Votes cast for United Automobile, Aircraft and Agricultural
, Implement Workers of America, Local 835, C. I. O___________ 32
Votes cast for Metal Polishers , Buffers, Platers and Helpers,
Int'l Union, Local No. 1 of Detroit , Michigan , A. F L________ 0
Votes cast for Neither______________________________________ 0
1 39 N L R B. 148.
39 N. L H. B., No. 27a.
154
KNIGHT PLATING 'COMPANY 155
(2) R-K-MACHINE & TOOL COMPANY
Total on eligibility list__ ____________________________________ 11
Total ballots cast------------------------------------------ 11
Total ballots challenged__ _________________________ 0
Total blank ballots----------------------------------------- 0
Total void ballots___________________________________________ 0
Total ' valid votes cast_ ______________________________________ 11
Votes cast for United Automobile , Aircraft and Agricultural
Implement Workers of America, Local 835, C. I. O________-__
Votes cast for Metal Polishers , Buffers, Platers and Helpers,
Int'l Union, Local No. 1 of Detroit , Michigan , A. F L------- 1
Votes cast for Neither-------------------------------------- 3
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, 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 HEREBY CERTIFIED that United Automobile, Aircraft and Agri-
cultural Implement Workers of America, Local 835, affiliated with
the Congress of Industrial Organizations, has been designated and
selected by a majority of all production and maintenance employees
of Knight Plating Company, Detroit, Michigan, excluding clerical
and supervisory employees, as their representative for the purposes
of collective bargaining, and that, pursuant to Section 9 (a) of the
Act, United Automobile, Aircraft and Agricultural Implement
Workers of America, Local 835, affiliated with the Congress of Indus-
trial Organizations, 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; and
TT IS FURTHER CERTIFIED that Urhted Automobile, Aircraft and Agri-
cultural Implement Workers of America, Local 835, affiliated with
the Congress of Industrial Organizations. has been designated and
selected by a majority of all production and maintenance employees
of R-K-Machine & Tool Company, Detroit, Michigan, excluding
clerical and supervisory employees, as their representative for the
purposes of collective bargaining , and that, pursuant to Section 9 (a)
of the Act, United Automobile, Aircraft and Agricultural Implement
Workers of America, Local 835, affiliated with,the Congress of Indus-
trial Organizations, 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 employ-
ment.