Modern Die & Stamping Co.

National Labor Relations Board - Board Decisions

Sep 14, 1943

52 N.L.R.B. 606 (N.L.R.B. 1943)

In the Matter Of MODERN DIE & STAMPING CO. and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, LOCAL UNION #509 (UAW-CIO)
Case No. R-5862.-Decided September 14, 1943
Mr. George J. Tapper, of Los Angeles, Calif., for the Company.
Katz, Gallagher c0 Margolis, by Messrs. Ben Margolis and Walter 0.
Howell, of Los Angeles, Calif., for the Union.
Miss Frances Lopinsky, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union, United,Auto-
m.obile, Aircraft & Agricultural Implement Workers of America,
Local Union #509 (UAW-CIO), herein called the Union, alleging
that a question affecting commerce had arisen, concerning the repre-
sentation of employees of Modern Die & Stamping Co., Los Angeles,
California, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Barlett Breed, Trial Examiner. Said hearing was held at Los Angeles,
California, on August 17, 1943. The Company and, the. Union ap-
peared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, to introduce evidence bearing
on the issues, and to file briefs with the Board. 'The Trial Examiner's
rulings are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I
1. THE BUSINESS OF THE COMPANY
Modern Die & Stamping Co. is a proprietorship, solely owned by
John G. Buyser. The Company operates a machine shop in Los
Angeles, California, where it manufactures tools, dies, jigs, fixtures,
and special machinery. During the year 1942, the Company purchased
raw materials , consisting chiefly of steel and cast iron, of a value ap-
52 N. L. R. B., No. 103.
606
MODERN DIE & STAMPING CO. 607
proximating $50,000, about 90 percent of which originated outside the
State of California. During the same period it sold products of a
value approximating $500,000. About $20,000 worth of these products
were shipped outside the State of California. Most of its products
are used in California in the manufacture of airplanes.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Internation Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, Local Union #509, is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive
bargaining representative for its employees unless, and until it is
certified by the Board.
A statement of an agent of the Board, introduced into evidence,
indicates that the Union represents a substantial number of the
Company's employees in the appropriate unit.'
IV. THE APPROPRIATE UNIT
The parties are in agreement as to what constitutes an appropriate
unit but differ concerning two men whom the Company would include
and the Union would exclude.
J. Rollins is a tool and die maker who works at a board, breaking
down drawings for the balance of the workmen. He is in effect a
draftsman . He works in a room away from the shop. Since his activ-
ities are unlike those of the employees in the unit, and he is physically
separated from them, we shall exclude him from the unit.
C. Hill is what was termed by the Company's witness a "production-
co-ordinator." He does not engage in actual production work but
works at a desk in the shop office. He watches the central board for de-
livery dates on orders and sees to it that they go out on time, con-
veys orders of the superintendent to the men in the shop, handles
`.work stoppages," 2 and handles all shipping and part of receiving.
We find that the work of Hill is clerical and quasi-supervisory in
nature and therefore shall exclude him from the unit.
1 The Union submitted to the Board's agent 34 authorization cards, 31 of which bear
apparently genuine original signatures that correspond with names listed on the Company's
July 21, 1943, pay roll, which contains 54 names in the appropriate unit Thirto_two cards
were dated during June and July 1913 Two were undated.
' Calls from customers for the purpose of delaying production on an order come direct
to Hill. He finds the workman who is doing the job and takes the work from him, putting
it under the bench. He then sees that the man is given new work when the job is to be
completed , he sees that it is returned t., thn •- ° n who orio-inally had if
608 `DECISIONS OF. NAMFI^ONAL LABOR RELATIONS BOARD
We find in substantial accord with the stipulation of the parties,
that all employees of the Company, excluding J. Rollins, C. Hill, the
watchman, office employees, foremen, and all other supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recom-
mend such action, constitute a unit appropriate for the purposes of
collective 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 date 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
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 I
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Modern Die &
Stamping Co., Los Angeles, California, 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 Twenty-first 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 Regu-
lations, among the employees in the unit found appropriate in Sec=
tion IV, above, who were employed during the pay-roll period im-
mediately 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 per-
son at the polls, but excluding those employees who have since quit
or been discharged for cause, to determine whether or not they desire
to be represented by International Union, United Automobile, Air-
craft & Agricultural Implement Workers of America, Local Union
#509, affiliated with the Congress of Industrial Organizations, for
the purposes of collective bargaining.
CHAIRMAN MILT s took no part in the consideration of the above
Decision and Direction of Election.