Reynolds Spring Co.

National Labor Relations Board - Board Decisions

Jul 28, 1948

78 N.L.R.B. 632 (N.L.R.B. 1948)

In the Matter of REYNOLDS SPRING COMPANY , EMPLOYER and INTER-
NATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA, UAW-CIO, PETITIONER
Case No. 7-RC-62.-Decided July 28, 1948
DECISION -
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a 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 consisting of the undersigned Board
Members.*
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 organization named below claims to represent em-
ployees of the Employer.
3. A question of representation exists concerning the representation
of employees of the Employer, within the meaning of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit appro-
priate for.,purposes -of collective bargaining within the meaning of
Section 9'(b) of, the Act.. .
All production and maintenance employees of the Employer at its
Coldwater, Michigan, plant, excluding office and clerical employees,
time-study: men, guards, and supervisors.;
5. The Employer contends-that an election at this tiine is premature
in view of an expanding unit. As of the hearing date there were 131
employees in the unit. A full complement of 250 employees in the
unit is anticipated as a result of a vigorous sales drive currently
*Chairman Herzog and Members Reynolds and Murdock.
78 N. L. R. B.. No. 76.
632
REYNOLDS SPRING COMPANY 633
being conducted to increase the demand for the Employer's products.
We reject the Employer's contention and shall direct an immediate
election for the reason, inter alia, that a substantial and representative
working force is presently employed in the production of rinished
products.'
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election 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 super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board, Rules and Regulations-Series 5, among the em-
ployees in the unit found appropriate in paragraph numbered 4, above,
who were employed during the pay-roll period immediately preceding
the date of this Direction of Election, including 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 rein=
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bar-
gaining, by International Union, United Automobile, Aircraft and
Agricultural Implement Workers of America, UAW-CIO.
1 Matter of Western Electric Company, Incorporated , 76 N. L. R. B. 400 ; Matter of
International Harvester Company , 71 N. L. R. B 680.