R. C. Mahon Co.

National Labor Relations Board - Board Decisions

Apr 1, 1949

82 N.L.R.B. 675 (N.L.R.B. 1949)

In the Matter of R. C. MAHON COMPANY, EMPLOYER and AMAL-
GAMATED PJANT GUARDS, LOCAL No. 114, UNITED PLANT GUARD
WORKERS OF AMERICA, INTERNATIONAL UNION, PETITIONER
In the Matter of R. C. MAHON COMPANY, EMPLOYER and SHOPMEN'S
LOCAL NO. 508, INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL
AND ORNAMENTAL IRON WORKERS, A. F. OF L., PETITIONER
Cases Nos. 7-RC-413 apd 7-RC-439, respectively.Decided
April 1,19!9
DECISION
AND
DIRECTION OF ELECTIONS
Upon separate petitions duly filed, a consolidated hearing was held
before a hearing officer of the National Labor Relations Board.' The
hearing officer's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel.*
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The labor organizations named below claim to represent certain
employees of the Employer.
3. In 1943 the Steelworkers was certified as collective bargaining
representative for all hourly rated employees of the Employer's plant
at 8650 Mt. Elliot, Detroit, Michigan, excluding truck drivers, field
employees, superintendents, foremen, watchmen, draftsmen, and all
office and salaried employees and clerks. Its most recent contract
'The Intervenor , Local Union 1279 , United Steelworkers of America , C. I. 0., herein
called the Steelworkers , objected at the hearing to the consolidation of the two cases here
involved . It moved that the cases be severed and further moved that the hearing be ad-
journed pending a ruling by the Board upon the motion to sever. The hearing officer
denied the latter motion and referred the former to the Board . As the Steelworkers has
failed to show that it was prejudiced in any manner by the consolidation of the two
cases, its motion to sever is hereby denied.
*Chairman Herzog and Members Reynolds and Gray.
82 N. L. R. B., No. 74.
675
676 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
covering these employees, executed on March 15, 1948, provides that
it shall continue in full force and effect until March 15, 1949, and from
year to year thereafter in the absence of 60 days' notice before any
anniversary date that either party desires to change or terminate the
agreement. The Steelworkers maintains that this contract constitutes
a bar to a present determination of representatives. The record dis-
closes, however, that the Steelworkers gave the Employer timely no-
tice that it desires to change the agreement and thereby stayed the
operation of the automatic renewal clause. As the 1948 contract
has thus been terminated, it can not bar a present determination of
representatives.'
A question affecting commerce exists concerning the representation
of the employees of the Employer, within the meaning of Section 9,
(c) (1) and Section 2 (6) and (7) of the Act.
4. We find, in substantial accord with the agreement of the parties,
that the following employees at the Employer's 8650 Mt. Elliot and
Eight Mile Road plants constitute separate units appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act :
(a) Plant guards, watchmen, gatemen, and all others as de-
scribed and defined under Section 9 (b) (2) of the Labor-
Management Relations Act of 1947, excluding professional em-
ployees, other employees of the Employer not included herein,
and all supervisors as defined in the Act.
(b) All hourly rated production and maintenance employees,
excluding truck drivers, office and clerical employees, erection,
installation and construction workers, guards, watchmen, drafts-
men, janitors, professional employees, and all supervisors as
defined in the Act.
DIRECTION OF ELECTIONS 3
As part of the investigation to ascertain representatives for the
purpose of collective bargaining with the Employer, separate elections
by secret ballot shall be conducted as early as possible, but not later
than 30 days from the date of this Direction, under the direction and
supervision of the Regional Director for the Region in which this case
2 See Matter of National Lead Company-Titanium Division, 77 N L. R B. 1055, and
the cases cited therein
8 As the Intervenor , the Steelworkers , has never effected compliance with Section 9 (f),
(g), and (h) of the Act , its name will not be placed on the ballot The compliance status
of the Petitioner in Case No 7-RC-413, Local No. 114 of the Plant Guards , has lapsed
since the hearing in this matter . The Regional Director is herewith instructed to dismiss
the petition in that case if Local 114 has not, within 2 weeks from the date of the
Direction herein, renewed its compliance with Section 9 (f), (g), and (h).
R. C. MAHON COMPANY 677
was heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations-Series 5, as amended, among
the employees in the separate units found appropriate in paragraph
numbered 4, above, who were employed during the pay-roll period
immediately preceding the date of this Direction of Election, includ-
ing employees who did not work during said pay-roll period because
they were ill or on vacation or temporarily laid off, 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,
and also excluding employees on strike who are not entitled to rein-
statement, to determine whether or not the employees described in
unit (a) above desire to be represented, for the purposes of collective
bargaining, by Amalgamated Plant Guards, Local No. 114, United
Plant Guard Workers of America, International Union, and whether
or not the employees described in unit (b) above desire to be repre-
sented, for the purposes of collective bargaining, by Shopmen's Local
No. 508, International Association of Bridge, Structural and Orna-
mental Iron Workers, A. F. of L.
838914-50-vol . 82-44 .