Ray Day Piston Corp.

National Labor Relations Board - Board Decisions

Apr 25, 1941

31 N.L.R.B. 334 (N.L.R.B. 1941)

In the Matter of RAY DAY PISTON CORPORATION and INTERNATIONAL
UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH
THE CONGRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-2456.-Decided April 25, 1941
Jurisdiction : aluminum piston and castings manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
'fusal to accord union recognition; election necessary.
Unit Appropriate for Collective Bargaining : all hourly and piece work produc-
tion employees, molders, core makers, and machinists, excluding office and
elerical help, foremen, assistant foremen, supervisory officials, and watchmen ;
stipulation as to.
Mr. Albert E. Meder, of Detroit, Mich., for the Company.
Mr. Maurice Sugar and Mr. Jack N. Tucker,'by Mr.'Jack-,N. Tucker,
of Detroit, Mich., for the Union.
Mr. A. G. Koplow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On March 13, 1941, International Union, United Automobile
Workers of America, affiliated with the Congress of Industrial Or-
ganizations, herein called the Union, filed with the Regional Director
for the Seventh Region (Detroit, Michigan) a petition alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Ray Day Piston Corporation, Detroit, Michi-
gan,' herein called the Company, and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On March 25, 1941, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
1 The location of the Company was not stated in the record but was given in the petition
as Detroit, Michigan.
31 N. L. R. B., No. 53.
334
RAY DAY PISTON CORPORATION 335
On March 31, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
Union. Pursuant to notice; a hearing was held on April 4, 1941, at
Detroit, Michigan, before Earl R. Cross, the Trial Examiner duly
designated by the Chief Trial Examiner. The Company and the
Union were represented by counsel and participated in the hearing.
Full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing upon the issues was afforded all
parties. During the course of the hearing the Trial Examiner ruled
that Board's Exhibit 7, a statement of a Board representative con-
cerning union• affiliation cards submitted to him for examination,
should be allowed in evidence over the objection of the Company.
The Board has reviewed this ruling of the Trial Examiner. The
ruling is hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF TIIE COMPANY
Ray Day Piston Corporation is a Delaware corporation with a
plant located at Detroit , Michigan, where it is, engaged in manu-
facturing aluminum pistons and heat treated aluminum castings
used in engines , accessories , pumping equipment , and aircraft. In
1940 the Company purchased approximately $105,000 worth of raw
materials, consisting of aluminum, magnesium , copper, nickel, sili=
con, steel, etc., all of which materials originated outside the • State
of Michigan . In 1940 the sales of the Company 's products amounted
to-approximately $325,000, of which approximately 15 per cent were
made to companies situated outside the State of Michigan.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile Workers of America, af-
filiated with the Congress of Industrial Organizations, is a labor
organization admitting to its membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Shortly before the Union filed its petition on March 13, 1941, the
Company refused to bargain with the Union as the exclusive repre-
sentative of its employees until an election was held.
A statement by a Field Examiner of the Board introduced into
evidence shows that the Union represents a substantial number of
employees in the collective bargaining unit hereinafter found to be
appropriate.'
2 The Field Examiner stated that the Union had submitted to him 100 applications
for membership, of which 14 were dated between July 1, 1940, and January 1, 1941, 85
336- DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question has arisen concerning representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company,
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company- and the Union stipulated; and ' we find, that all
hourly and piece work production employees, molders, core makers,
and machinists, excluding office and clerical help, foremen, assistant
foremen, supervisory officials, and, watchmen, constitute a unit ap-
propriate for the purposes of collective bargaining. We find further
that said unit will insure to employees of the Company-the full
benefit of their right to self-organization and to collective bargaining
and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot.
At the hearing the Union requested that in the event the Board
ordered an election the pay-roll date of March 15, 1941, or some other'
date prior to March 27, 1941, be used in determining the eligibility
of employees to vote. The Company desires that a current pay roll
be used to enable employees hired since March 15, 1941 to vote.
The Company's employees were on strike from approximately March
4 to March 25, 1941. Since March 25 the employees have returned
to work and some new employees have been added. We see no
reason for not following our usual practice, and therefore shall direct
that those eligible to vote in the election shall be the employees in
the appropriate unit who were employed by the Company during the
pay-roll period immediately preceding the date of our Direction of
Election, subject to such limitations and additions as are set forth
in the Direction.
were dated between January 1 , 1941, and April 1, 1941, and 1 was undated All the
applications bore apparently genuine original signatures of persons on the Company's
pay roll of March 15, 1941 At the hearing it was agreed by all parties that if the repre-
sentative of the Union were placed on the stand he would testify that he had personally
obtained signatures on 98 of the 100 application cards There are approximately 120
to 125 employees in the unit hereinafter found to be appropriate.
RAY DAY PISTON CORPORATION 337
Upon the basis of the above = findings of fact and upon the entire
record in the case, k the Board makes the following :
CONCLUSIONS OF LAW 1
1. A question affecting commerm has arisen concerning the rep-
resentation of employees of Ray Day Piston Corporation , Detroit,
Michigan , within' the meaning of Section 9 (c) and Section 2 (6) and
(7) of the Act.
2. All hourly and piece work production employees , molders, core
makers, and machinists , excluding office and clerical help, foremen,
assistant foremen , supervisory officials , and watchmen , constitute a
unit appropriate for 'the purposes of collective bargaining , within
the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested' in the National
Labor Relations Board of Section 9, (c) of the National Labor Re-
lations Act'and pursuant to Article "II, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargain-
ing with Ray Day Piston Corporation, Detroit, Michigan, an elec-
tion by secret ballot shall be conducted as early as possible, but not
later than thirty (30) days from the date of this Direction of Elec-
tion, under the direction and supervision of the Regional Director
for. the Seventh Region, acting in "this matter as agent for the Na-
tional Labor Relations Board and subject to Article III, Section 9,
of said Rules and Regulations , among all hourly and piece work
production employees , molders , core makers , and machinists of the
Company, who were employed during the pay-roll period immedi-
ately preceding the date of this Direction , including employees who
did not work during such pay-roll period because they were ill or
on vacation or in the active military service or training of the United
States, or'temporarily laid off, but excluding office and clerical help,
foremen, assistant foremen, supervisory officials, and watchmen, and
'those who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by International Union,
United Automobile Workers of America, affiliated with the Con-
gress of Industrial Organizations, for the purposes of collective'
bargaining.