Quick Industries, Inc.

National Labor Relations Board - Board Decisions

Jul 22, 1946

69 N.L.R.B. 760 (N.L.R.B. 1946)

In the Matter Of QUICK INDUSTRIES, INCORPORATED and INTERNA-
TIONAL ASSOCIATION OF MACHINISTS, LODGE 1515, DISTRICT 117
Case No. 7-R-2272.Decided J'aly 22, 1946
Rosenberg, Painter and Navarre, by Mr. Milton Davidson, of Jack-
son, Mich., for the Company.
Mr. Carl Cederquist, of Detroit, Mich., for the I. A. M.
Mr. Clarence A. Jackson, of Kalamazoo, Mich., for the Steelworkers.
Mr. Martin T. Camacho, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Association of Machin-
ists, Lodge 1515 , District 117, herein called the I. A. M., alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Quick Industries , Incorporated , Jackson, Mich-
igan, herein called the Company,' the National Labor Relations Board
provided for an appropriate hearing upon due notice before Wood-
row J . Sandler , Trial Examiner . The hearing was held at Jackson,
Michigan , on June 3,1946 . At the hearing the Company, the I. A. MY.,
and District 29, United Steelworkers of America , C. I. 0., herein
called the Steelworkers ,2 appeared and participated . All parties 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 opportunity
to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
' At the hearing the petition and all other papers were amended to conform to the correct
name of the Company.
2 The Steelworkers was permitted to intervene at the hearing.
69 N. L. R. B., No. 91.
760
QUICK INDUSTRIES, INCORPORATED
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
761
Quick Industries, Incorporated, a Michigan corporation having its
principal place of business in Jackson, Michigan, is engaged in the
business of heat treating and galvanizing and also in the manufacture
of range boilers. For the first 4 months of 1946 its gross business was
approximately $50,000, nearly $26,000 of which represents sales of
range boilers to the Handley Brown Heater Company, located in
Jackson, Michigan. These range boilers are further processed by
Handley Brown Heater Company and sold as tube heaters. Approxi-
mately 60 percent of these tube heaters are sold outside the State of
Michigan. In view of the foregoing facts 3 we find that the Company
is engaged in commerce within the meaning of the National Labor
Relations Act.
11. TILE ORGANIZATIONS INVOLVED
International Association of Machinists, Lodge 1515, District 117,
is a labor organization admitting to membership employees of the
Company.
District 29, United Steelworkers of America, 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
It was stipulated at the hearing that the I. A. M. and the Steelwork-
ers each claims to represent a majority of the Company's employees;
and that in view of the conflicting claims the Company has refused to
recognize either labor organization.
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
The parties are in substantial accord that the appropriate unit
should include all production and maintenance employees of the Com-
pany, but exclude all other employees such as office, clerical, and
supervisory employees.
8 See Matter of W. E. Horne Engineering Company, 61 N. L. It. B. 742, and cases therein
cited ; Matter of Henry A. Larson, 35 N. L. It. B. 89 ; Matter of Shore Products Company,
55 N. L. R. B. 431; Matter of Trinidad Brick and Tile Company, 67 N. L. R. B. 1351.
762 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
However, at the hearing there was some dispute respecting the
alleged supervisory status of two of the Company's employees, namely,
W. A. Watts and Malcolm Smith. It appears that the Company op-
erates a day shift and a night shift with Malcolm Smith and W. A.
Watts, respectively, in charge. In the absence of R. E. Quick, the
Company's highest official, both Smith and Watts have supervision
over the men on their respective shifts though they both spend some
of their time on production work 4 Neither man has the power to
hire or discharge independently of Quick's approval, nevertheless both
appear to have effective power to recommend such action. They can
transfer men from one job to another, change their shifts and recom-
mend disciplinary action which, as a general rule, is followed by the
Company. From the foregoing facts, it is clear that both Smith and
Watts are supervisors within the Board's usual definition. Accord-
ingly, we shall exclude them, as such, from the appropriate unit.
We find that all production ind maintenance employees of the Com-
pany, excluding office and clerical employees and supervisory eni-
ployees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend 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 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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Quick Industries,
Incorporated, Jackson, 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
4 It appears that Smith is paid on a fixed salary basis with no extra compensation for
overtime while watts, by his own choice, is paid on an hourly basis with time and
one-half for overtime. -
We approve the stipulation of the parties that certain regular part -time employees
shall be eligible to vote in the election.
QUICK INDUSTRIES, INCORPORATED 763
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
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 tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding 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 they desire to be represented by Inter-
national Association of Machinists, Lodge 1515, District 117, or by
District 29, United Steelworkers of America, C. I. 0., for the purposes
of collective bargaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.