Michiana Products Corp.

National Labor Relations Board - Board Decisions

Feb 14, 1944

54 N.L.R.B. 1332 (N.L.R.B. 1944)

In the Matter Of MICHIANA PRODUCTS CORPORATION and UNITED AUTO-
MOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA,
C. 1. 0.
Case No. 13-R-2197.Decided February 14, 194H/
Fyffe do Clarke, by Mr. John Harrington , of Chicago , Ill., for the
Company.
Mr. Everett W. Bohannon , of Michigan City, Ind., and Mr . Mose
Kneela, of Indianapolis , Ind., for the C. I. O.
Mr. Mark Stroen , of Michigan City, Ind., and Mr. Stanton W.
Sweeney, of South Bend , Ind., for the A. F. L.
Mr. William Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Automobile, Aircraft &
Agricultural Implement Workers of America, C. I. 0., herein called
the C. I. 0., alleging that a question affecting commerce had arisen
concerning the representation of employees of Michiana Products
Corporation, Michigan City, Indiana, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Robert N. Denham, Trial Examiner. Said
hearing was held at Michigan City, Indiana, on January 15, 1944.
The Company, the C. I. 0., and the Federal Labor Union 22165 of
Michiana Products Corporation (A. F. L.), herein called the A. F. L.,
appeared and participated. All parties were afforded full oppor-
tunity 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 :
54 N. L. R. B., No. 201.
1332
MICHIANA PRODUCTS CORPORATION
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
1333
Michiana Products Corporation, an Indiana corporation, is en-
gaged in the manufacture of alloy castings and sheet metal parts at
Michigan City, Indiana. During 1943 the Company used raw
materials valued in excess of $100,000, all of which were shipped to
it from points outside the State of Indiana, and manufactured finished
products valued in excess of $200,000, at least 95 percent of which was
sent to points outside that State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Board.
II. THE ORGANIZATIONS INVOLVED
United Automobile,- Aircraft & Agricultural Implement Workers
of America, affiliated with the Congress of Industrial Organizations
and Federal Labor Uliion 22165 of Michiana Product Corporation,
affiliated with the American Federation of Labor, are labor organiza-
tions admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On November 16, 1943, the C. I. O. asked the Company to recognize
it as the exclusive bargaining agent of the Company's employees.
The Company declined on the ground that there existed a contract
between it and the A. F. L. under which the A. F. L. was recognized
as the exclusive bargaining representative. The contract, in evidence,
expired on January 15, 1944. Negotiations for a new contract have
been had since November 7, 1943, but no further contract had been
consummated. The A. F. L. asserts that the contract and the nego-
tiations bar the present investigation. We find that neither the
negotiations. for a new contract, nor the contract which expired on
January 15, 1944, constitute a bar to this proceeding.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the C. I. O. represents a substantial number of em-
ployees in the unit hereinafter found 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.
I
The Field Examiner reported that the C . I. O. submitted 224 authorization cards ; that
the names of 197 persons appearing on the cards were listed on the Company 's pay roll
of December 26, 1943, which contained the names of 513 employees in the appropriate
unit
The A. F. L. submitted no evidence of its representation except the contract between it
and the Company and the testimony of the president that it has about 350 members
1334 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with the stipulation of the parties,
that all production and maintenance employees, including operator
instructors, truck drivers and inspectors, but excluding office, clerical
and confidential employees, guards, and all supervisory employees
who have authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees or effectively recommend
such action, constitute a unit appropriate for the purposes of- collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
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 (late of the Direction of Elec-
tion 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 La-
bor 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, it is hereby
DDIECTED that, as part of the investigation to ascertain representa-
tives for the puiposes of collective bargaining with Michiaaa Prod-
ucts Corporation, Michigan City, Indiana, 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 super-
vision of the Regional Director for the Thirteenth Region, acting in
this matter as agent for the National Labor Relations Board, andsub-
ject 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 va-
cation 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 dis-
charged for cause and have not been rehired or reinstated prior to the
date of the election. to determine whether they desire to be represented
by United Automobile, Aircraft & Agricultural Implement Workers
of America, C. I. O., or by Federal Labor Union 22165 of Michigaa
Products Corporation, (A. F. L.), for the purposes of collective bar-
gaining, or by neither.