Mid-West Abrasive Co.

National Labor Relations Board - Board Decisions

Nov 18, 1943

53 N.L.R.B. 721 (N.L.R.B. 1943)

In the Matter Of MID-WEST ABRASIVE COMPANY and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA (UAW-CIO)
Case 7-R-1550.-Decided November 18, 1943
Mr. Fred J. Schumann, of Detroit, Mich., for the Company.
Mr. R. Lyle Stone, of Owosso, Mich., for the Union.
Miss Frances Lopinsky, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition 1 duly filed by International Union, United Auto-
mobile, Aircraft & Agricultural Implement Workers of America
(UAW-CIO) herein called the Union, alleging that a question af-
fecting commerce had arisen concerning the representation of em-
ployees of Mid-West Abrasive Company,2 Owosso, Michigan, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Frank L. Danello,
Trial Examiner. Said hearing was held at Owosso, Michigan, on
October 26, 1943. The Company and the Union appeared, partici-
pated, 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 an 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
Mid-West Abrasive Company, a Delaware corporation, is engaged
at its plants in Detroit and Owosso, Michigan, and in Rochester,
1 Amended as to unit at the hearing.
2 At the hearing all pleadings were amended to correspond with this , the correct cor-
porate name.
53 N. L. R. B., No. 128.
721
722 DECISIONS OF NArrIONAL LABOR RELATIONS BOARD
Pennsylvania, in the manufacture of abrasives used in the war effort.
For the period from January 1, 1943 to July 1, 1943, the Company
purchased raw materials for use at its Owosso plant in the approxi-
mate value of $479,000, about 95 percent of which was shipped to it
from points outside the State of Michigan. For the same period,
sales of manufactured products approximated in value $900,000, over
50 percent of which was shipped from Owosso to points outside the
State of Michigan. Only the Owosso plant is involved in this
proceeding.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company. I ,
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated July 29, 1943, the Union requested recognition as
the sole collective bargaining representative of the Company's em-
ployees. The letter was received by the Company but was not
answered.
A statement of the Trial Examiner made at the hearing, indicates
that the Union represents a substantial number of employees in the
unit hereinafter found appropriate 3
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
In substantial accordance with the stipulation of the parties, we
find that all production and maintenance employees of the Company
at its Owosso plant, including watchmen but excluding office and
clerical employees and all supervisory, employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
:The Trial Examiner stated that the Union submitted 89 application -for-membership
cards, 85 of which bore apparently genuine original signatures ; that the names of 81
persons appearing on the cards were listed on the Company 's pay roll of August 22, 1943.
There are 190 employees in the appropriate unit. The cards were dated 3 in January
1943, 2 in February 1943, 4 in March 1943, 8 in June 1943, 47 in July 1943, 3 in August
1943, and 22 undated.
MID-WEST ABRASIVE COMPANY
V. THE DETERMINATION OF REPRESENTATIVES
723
We shall direct that the question concerning representation which
has arisen be resolved by 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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Mid-West
Abrasive Company, Owosso, 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 super-
vision 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 Regula-
tions, among the employees in the unit found appropriate in Section
IV, above, 'who were employed during the pay-roll period immedi-
ately 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 International Union, United Automobile,
Aircraft & Agricultural Implement Workers of America, affiliated
with the Congress of Industrial Organizations, for the purposes of
collective bargaining.