McInerney Plastics Co.

National Labor Relations Board - Board Decisions

Feb 14, 1944

54 N.L.R.B. 1329 (N.L.R.B. 1944)

In the Matter of MCINERNEY PLASTICS COMPANY and LOCAL 687, IN-
TERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICUL-
TURAL IMPLEMENT WORKERS OF AMERICA (UAW-CIO)
Case No. 7-R-1650.-Decided February 14, 1944
Mr. Robert N. Alt, and Mr. Sam C. Oldenburg, of Grand Rapids,
Mich., for the Company.
Mr. D. R. Sherwood, of Grand Rapids, Mich., for the Union.
Mr. William Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local 687, international Union, United
Automobile, Aircraft & Agricultural Implement Workers of America
(UAW-CIO), herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of McInerney Plastics Company, Grand Rapids, Michigan, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Robert J. Weiner,
Trial Examiner. Said hearing was held at Grand Rapids, Michigan,
on January 18,1944. The Company and the Union appeared and par-
ticipated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing 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
The Company, a Michigan corporation, is engaged at Grand Rapids,
Michigan, in the manufacture of parts for'airplanes and automoljiles,
and other products. The Company uses monthly raw materials valued
54 N. L. R. B., No. 200.
567900-44-vol. 54-85 1329
1330 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
at about $40,000, all of which come from sources outside the State
of Michigan, and produces finished products valued in excess of $40,-
000 monthly, 15 percent of which is sent to points outside that State.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local 687, International Union, United Automobile, Aircraft &
Agricultural Implement Workers of America, UAW, affiliated with
the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.'
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of the Company's employees in
effect until the Union has been certified by the Board in an appropriate
unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.2
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 substantial agreement with a stipulation of the parties,
that all factory employees of the Company, excluding superintendent,
assistant superintendents, foremen, assistant foremen, clerical, tech-
nical and professional employees, timekeepers, time-study men, em-
ployees in the sales, accounting, personnel and industrial relations de-
partments, plant-protection employees, firemen, draftsmen, estimators
and planning engineers, kitchen and cafeteria employees, and-any other
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.8
' The Company has raised certain objections to representation of its employees by the
Union . Without detailing these objections , we are of the opinion that they are without'
merit.
3 The Regional Director reported that the Union submitted 67 membership application
cards all of which bore apparently genuine original signatures ; that the names of 50 ' persons
appearing on the cards were listed on the Company 's pay roll of December 30, 1943, which
contained the names of 110 employees in the appropriate unit
3 The stipulation of the parties further pi ovides for the inclusion ' in the'unit of one Ruth
Hanna. The record is silent as to the functions of Hanna Since unit determinations deal
McINERNEY PLASTICS COMPANY
V. THE DETERMINATION OF REPRESENTATIVES
1331
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees 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 Relations
Board Rules and Regulations-Series 3, it is hereby ,
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with McInerney Plastics
Company, Grand Rapids, Michigan, 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 Seventh Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, 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 said
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
those employees who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the election,
to determine whether or not they desire to be represented by Local 687,
International Union, United: Automobile, Aircraft & Agricultural Im-
plement Workers of America, UAW, affiliated with the Congress of
Industrial Organizations for the purposes of collective bargaining.
with categories of employees rather than individuals , we make no finding as to the
inclusion or exclusion of Hanna.