McCord Radiator and Manufacturing Co.

National Labor Relations Board - Board Decisions

Oct 4, 1944

58 N.L.R.B. 715 (N.L.R.B. 1944)

In the Matter of MCCORD RADIATOR AND MANUFACTURING COMPANY
and INTERNATIONAL UNION, UNITED AUTOMOBILE , AIRCRAFT & AGRI-
CULTURAL IMPLEMENT WORKERS OF AMERICA, U. A. W.-C. I. O.
Case No. 8-R-1616.-Decided October 4, 1944
Mr. Richard A: Forsyth, of Detroit, Mich., for the-Company.
Mr. David A. Guberman, of Toledo, Ohio, for the UAW-CIO.
Mr. Claude Brice, of Wauseon, Ohio, for the UAW-AFL.
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 R Agricultural Implement Workers of America, UAW-
CIO, herein called the UAW-CIO, alleging that a question affecting
commerce had arisen concerning the representation of employees of
McCord Radiator and Manufacturing Company, Wauseon, Ohio,
herein called the Company , the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Thomas E.
Shroyer, Trial Examiner. Said hearing was held at Wauseon, Ohio,
on September 20, 1944. At the commencement of the hearing the
Trial Examiner granted a motion of United Automobile Workers of
America, A. F. of L ., herein called the UAW-AFL, to intervene. The
Company, the UAW-CIO, and the UAW-AFL appeared , participated,
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. All parties were afforded
opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
McCord Radiator and Manufacturing Company is a Michigan cor-
poration operating a plant at Wauseon, Ohio, where it is engaged in
58 N. L . R. B., No. 150.
715
716 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the manufacture of gaskets. Products valued in excess of $2,000,000,
annually pass through the Wauseon plant, substantially all of which
come from or' go to -points outside the State of 'Ohio.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
0
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft &-Agricultural
Implement Workers of America is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to membership
employees of the Company.
United Automobile Workers of America is a labor organization af-
filiated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 28, 1944, the UAW-CIO requested the Company to recog-
nize it as the exclusive collective bargaining representative of the
employees at the Wauseon plant. The Company refused this request
until such time as the UAW-CIO is certified by the Board.
The Company and the UAW-AFL have had contractual relation-
ships since 1942. The last contract provides that it shall remain in
effect until August 17, 1944, and thereafter subject to termination by
either party thereto by 30 days' notice. Inasmuch as the contract is
subject to termination by either party thereto on 30 days' notice, we find
that it does not constitute a bar to a determination of representatives
at this time.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the UAW-CIO represents a
substantial number of 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 meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in agreement with a stipulation of the parties, that all
production and maintenance employees at the Wauseon plant of the
Company, excluding clerical employees, watchmen, truck drivers, and
1 The Field Exam i ner reported that the UAW-CIO presented 84 authorization cards
bearing the names of persons «ho appear on the Company's pay roll of August 16, 1944
There are approximately 116 employees in the appropriate unit The UAW-AFL did not
present any evidence of representation but relies upon its contract as evidence of its
interest in the instant proceeding. °
McCORD RADIATOR AND MANUFACTURING COMPANY 717
all supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute a unit appropriate for
the purposes of collective bargaining, within the meaning of Section 9
(b) of the Act.2
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIREC1ED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with McCord Radiator
and Manufacturing Company, Wauseon, Ohio, an election 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 Eighth Region, act-
ing in this matter as agent for the National Labor Relations Board,
and subject to Article III, Sections 10 and It, of said Rules and Regu
lations, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did not
work during the pay-roll period because they were ill or on vacation
or temporarily laid off, and including employees in the armed forces
of the United States who present themselves in person at the polls,
but excluding any who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether they desire to be represented by Interna-
tional Union, United Automobile, Aircraft S: Agricultural Implement
Workers of America, UAW-CIO, or by United Automobile Workers
of America, UAW-AFL, for the purposes of collective bargaining,
or by neither.
MR, GLRARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.
2 This is the same unit provided for in the contract between the UAW-AFL and the
Company.