Lansing Drop Forge Co.

National Labor Relations Board - Board Decisions

Oct 31, 1945

64 N.L.R.B. 617 (N.L.R.B. 1945)

In the Matter of LANSING ,DROP FORGE COMPANY and INTERNATIONAL
UNION, UNITED AUTOMOBILE , AIRCRAFT AND AGRICULTURAL IMPLE-
MENT WORKERS OF AMERICA (U. A. W.-CIO)
Case No. 7-B-2066.-Decided October 31, 1945
Messrs. Cummins and Cummins, by Messrs. Charles F. Cummins
and K. R. Pitts, of Lansing, Mich., for the Company.
Messrs. Jack R. Crump and Donald R. Falor, of Lansing, Mich.,
for the Union.
Mr. Donald B. Brady, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by International Union, United Auto-
mobile, Aircraft and Agricultural Implement Workers of America
(U. A. W.-CIO), herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Lansing Drop Forge Company, Lansing, Michigan, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Meyer D. Stein, Trial
Examiner. The hearing was held at Lansing, Michigan, on July 19,
1945. The Company and the Union .appeared and participated. 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 an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Lansing Drop Forge Company is a Michigan corporation having its
principal office and place of business in Lansing, Michigan. The com-
pany is engaged in the manufacture of rough forgings and uses as
64 N. L. R. B., No. 103.
617
618 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
raw materials steel, coal, and oil. During the last 6 months of 1944,
the Company purchased coal and steel, in the amount of $388,999.19,
all of which materials originated without the confines of the State
of Michigan. Oil in the amount of $33,654.24 was purchased in the
State of Michigan. During the same period the Company manufac-
tured and sold goods in the amount of $2,524,733.86, of which approxi-
mately 80 percent was shipped to points outside the State of Michigan.
The Company stipulated that it is engaged in commerce within the
meaning of the Act.
H. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.'
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION
The parties stipulated that the Union orally requested recognition
as the bargaining representative of the Company's employees which
the Company refused.
An agent of the Board investigated the extent of the Union's in-
terest. His report, introduced into evidence at the hearing, shows
that the Union submitted 136 authorization cards dated as follows :
October 1, 1944-1; April 1915-99; May 1945-30; June 1, 1945-3;
undated-3. According to the report, 29 of these cards bear the names
of persons whose names were not found on the Company's pay roll,
and 11 cards were duplicates. Since there are approximately 400 ein-
ployees in the alleged appropriate unit, it is apparent that the'Union
has shown that it represents only about 24 percent of them.
We believe, on the basis of our experience, that this showing does
not indicate a substantial probability that an election conducted now
would result in the selection of a statutory bargaining representa-
tive. We conclude, therefore, that a resolution of the alleged ques-
tion concerning representation at this time would involve unwar-
ranted expenditure of time and funds, and we shall, accordingly,
dismiss the petition.2
'The Company, although it admits that the Union is a labor organization within the
meaning of Section 2 (5) of the Act , contends that the Union is not qualified to serve as
the "representative" of its employees inasmuch as proposed contracts negotiated by the
local must be approved by the Union ' s international officials prior to execution , and, accord-
ingly , the Union ' s policies and practices will not necessarily be dictated by the employees
in this unit The Board considered and rejected substantially the same contention in a
prior proceeding involving the Company . See Matter of Lansing Drop Forge Company, 39
N. L. R. B 682. We repeat that the contention is without merit. See Matter of United
Motor Service , Inc., et at., 59 N. L. R . B. 351 , Pueblo Gas & Fuel Co. v. N. L. If . B , 118 F.
{2d) 34 (C. C. A. 10).
2 N. L. R. B. Eighth Annual Report, p. 44 and Ninth Annual Report, p. 23.
LANSING DROP FORGE COMPANY
ORDER
619
Upon the basis of the foregoing findings of fact and conclusions, the
National Labor Relations Board hereby orders that the petition for
investigation and certification of employees of Lansing Drop Forge
Company, Lansing, Michigan, filed by International Union, United
Automobile, Aircraft and Agricultural Implement Workers of
America (U. A. W.-CIO), be, and it hereby is, dismissed.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Order.