Mitchell Metal Products, Inc.

National Labor Relations Board - Board Decisions

Dec 17, 1942

46 N.L.R.B. 87 (N.L.R.B. 1942)

In the Matter Of MITCHELL METAL , PRODUCTS , INC. and INTERNA-
TIONAL UNION , UNITED AUTOMOBILE , AIRCRAFT AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA (CIO), LOCAL 217
Case No. R-4564.Devided December 17, 194
Jurisdiction : sheet metal products manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition because of alleged existing contract ; contract
terminable on 30 days' notice, held no bar to ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, excluding foremen, assistant foremen, guards, office employees,
and knot tiers.
Mr. Eugene B. Schwartz, of Cleveland, Ohio, for the Company.
Mr. Arthur J. Peterson, Mr. John Mitchitsch, and Mr. Albert R.
Jackson, all of Cleveland, Ohio, for the U. A. W.
Mr. John E. Clark, and Mr. James P. McWeeny, of Cleveland,
Ohio, for the Metal Workers.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Auto-
mobile, Aircraft and Agricultural Implement Workers of America
(CIO) , Local 217, herein called the U. A. W., alleging that a
question affecting commerce has arisen concerning the representation
of employees of Mitchell Metal Products, Inc., Cleveland, Ohio,
herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before John
R. Hill, Trial Examiner. Said hearing was held at Cleveland, Ohio,
on November 20; 1942. The Company, the U. A. W., and Architec-
tural Metal Workers Union, No. 18267 (A. F. of L.),' herein called
the Metal Workers, 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 Ex-
aminer's rulings made at the hearing are free from prejudicial error
and are hereby affirmed.
46 N. L. R. B., No. 11.
87
88 DECISIONS OF.NATIO\AL LABOR RELATIONS BOARD
Upon the entire-record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Mitchell Metal Products, Inc., is an Ohio corporation, with its only
plant at Cleveland, Ohio. The Company is engaged in the business
of manufacturing sheet metal products.' The raw materials pur-
chased annually by the Company are valued at approximately $360,-
000, of which about 25 percent is obtained from outside the State of
Ohio. Annual sales of the Company are approximately $600,000, of
which approximately 80 percent is shipped to points outside the
State of Ohio. The Company is engaged exclusively in war work
for the United States Government. The Company admits that it is
engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATIONS INVOLVED
f International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America, Local 217, is 'a labor organ=
zation affiliated with the Congress of Industrial Organizations, ad-
mitting to membership employees of the company.
Architectural Metal Workers Union No. 18267, is a labor organi-
zation affiliated with the American Federation of Labor, admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the U. A. W. on the ground
that it has an existing valid contract with the Metal Workers.
On August 15, 1941, the Company entered into-a contract with the
Metal Workers as the exclusive bargaining agent of, all the Com-
pany's production and maintenance employees, excluding foremen,
clerical help and knot tiers. This contract, by its terms was to be
effective until August 15, 1942, and unless negotiations for revision
or extension were begun by July 15, 1942, and satisfactory conclu-
sions reached on or before August 15, 1942, it'was to continue indef-
initely subject to termination on 30 days' notice. There has been
no such negotiations for revision or extension. The Metal Workers
assert this contract to ' be a bar to the present proceeding. Since
the contract now is terminable by either party upon 30 days' notice, we,
find that it is not a bar to a present determination of representatives.
MITCHELL METAL PRODUCTS, INC. •89
A statement of the Field Examiner, introduced in evidence-at the
hearing, indicates that the U. A. W. represents a substantial num-
ber of employees 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.
IV. THE APPROPRIATE UNIT
Both the Company and the Metal Workers contend that the
appropriate unit is the one covered under their contract, which in-
cludes all,production and maintenance employees and excludes fore-
men, assistant foremen, uniformed police, and specifically excludes
knot tiers. The U. A. W agrees that guards, supervisory, and office
employees should be excluded.
Since the knot tiers have not been covered by the contract and
the record discloses no showing among this group by either the
U. A. W. or the Metal Workers, we, shall exclude the knot tiers from
the unit. '
We find, therefore, that all production and maintenance employees
of the Company, excluding foremen, assistant foremen, guards, office
employees, and knot tiers, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b)
of the Act. , '
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. In accord-
ance with our usual practice, we shall direct that the employees of
the Company eligible to vote in the election shall be those in the ap-
propriate unit who were employed' during the pay-roll period im-
mediately preceding the date of the Direction of Election herein,
subject to the limitations and additions set forth in the Direction.
DIRECTION OF ELECTION ' l
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series, 2, as amended, it is
hereby
'The Field Examiner reported that the U . A. W. submitted 68 authorization cards,
67 of which appeared to have genuine original signatures ; 49 of the 67 signatures were
names of persons whose names appeared on the Company's pay roll of October 20, 1942.
There are approximately 80 employees in the appropriate unit
The Metal workers relies on its contract as establishing its interest.
90 DECISIONS. OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Mitchell Metal
Products , Inc., Cleveland, 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 , acting in this mat-
ter as agent for the National Labor Relations Board, and subject
to Article III, Section 10, of said Rules and Regulations , among all
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 dis-
charged _ for cause , to determine whether they desire to be repre-
Isented by International Union, United Automobile , Aircraft or Agri-
cultural Implement Workers of America , Local 217 , affiliated with
the Congress of Industrial Organizations , or by Architectural Metal
Workers Union No. 18267 , affiliated with the American Federation
of Labor, for purposes of collective bargaining , or by neither.
t