Sealed Power Corp.

National Labor Relations Board - Board Decisions

Jun 24, 1942

41 N.L.R.B. 1225 (N.L.R.B. 1942)

In the Matter of SEALED POWER CORPORATION AND THE ACCURALITE
Co. and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT &
AGRICULTURAL IMPLEMENT WORKERS,. OF AMERICA (UAW-CIO),
AFFILIATED WITH THE C. I. O.
Case No. R-3920.Decided June 24,1942
Jurisdiction : piston and piston ring manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition, exclusive bargaining contiact held no
bar where substantially the entire membership of contracting union trans-
ferred their affiliation to petitioning organization ; election necessary
Unit Appropriate for Collective Bargaining : all employees, excluding execu-
tives, administrators, office and sales employees, superintendents, assistant
superintendents, foremen, assistant foremen, timekeepers, production or sched-
ule clerks, engineers, designers, plant protection employees (including watch-
men), confidential clerks, and all employees having the right to hire or dis-
charge ; stipulation as to.
Mr. Jerome H. Brooks, for the Board.
Mr. C. N. Sessions, of Muskegon, Mich., for the Company;
Mdwrice Sugar and Ernest Goodman, by Mr. Ernest Goodman, of,
Detroit, Mich., for the U. A. W.-C. 1. 0. ,
Mr. Herbert S. Thatcher, of Washington, D. C., and Mr. Lester
Washburn, of Lansing, Mich., for Local 637 of the U. A. W.-A. F. L.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Auto-
mobile, Aircraft & Agricultural Implement Workers of America,
(UAW-CIO); affiliated with the C. I. 0., herein called the U. A. W.-
C. I. 0., alleging that a question 'affecting commerce had arisen con-
cerning the representation of employees of Sealed Power Corpora-
tion,) Muskegon, Michigan, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before- William P. Webb, Trial Examiner. Said hearing
1 The petition, and all other formal papers set forth the name of the Company as'
"Sealed Power Corporation and The Accuralite Co " No reference; however, is made else-
where in the record to The Accuralite Co.
41 N.L.R B,No.224
1225
1226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
was held at Muskegon, Michigan, on June 4, 1942. The Board, the
Company, the U. A. W.-C. I. 0., and Local 637,.United Automobile
Workers of America, affiliated with the American Federation of
Labor, herein called Local 637 of the U. A. W.-A. F. L., appeared,
participated, and were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
On June 17 and 18, 1942, respectively, Local 637 of the U. A. W.-
A. F. L., and the U. A. W.-C. I. O. filed briefs which the Board has
considered.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Sealed Power Corporation is a Michigan corporation having its
main plant and principal office in Muskegon, Michigan, where it is
engaged in the manufacture - of pistons, piston rings, sleeves, -etc.
During 1941, the Company purchased raw materials valued at ap-
proximately $1,315,500.00, of which approximately 56.2 percent was
shipped from points outside the State of Michigan. During the
same period, the Company manufactured finished products valued at
approximately $5,557,800.00, of which approximately 77 percent was
shipped to points outside the State of Michigan. The Company
admits, for the purpose of this proceeding, that it is engaged in
commerce within the meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America (UAW-CIO), affiliated with the
C. I.'O., is a labor organization admitting to membership employees
of the Company.
Local 637, United Automobile Workers of America, affiliated with
the American Federation of Labor, is a labor organization admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 13, 1942, the U. A. W.-C. I. O. requested the Company
to recognize it as the exclusive bargaining representative of the
employees of the Company. The Company refused for the asserted
reason that the Company is in contractual relationship with, Local 637
of the U. A. W.-A. F. L. The Company -and Local 637 of the
SEALED POWER CORPORATION 1227
U. A. W-A. F. L. contend that a contract between, them dated April
15, 1941 , is a bar to this proceeding. _
On April 15, 1941, the Company and Local 637 of the U. A. W.-
A. F. L. entered into an exclusive bargaining contract covering the
employees of the Company. The contract deals with wages, hours;
and other conditions of employment . By its terms it continued in
force for 1 year, and from year to year thereafter unless terminated
upon 60 days ' notice in writing ; or modified or amended upon 30
days' notice in writing in advance of the date when such proposed
modification or amendment is to become effective . The contract is
signed by officers of the Company , and by officers of Local 637 of
the U. A. W.-A. F. L ., and by a representative of the International
Union (U. A. W.-A. F. L.). On or about March'15, 1942, Local 637
of the U. A. W.-A. F. L. and the Company began negotiations for'
changes and modifications of the contract. These negotiations con-
tinued through March and the beginning of April 1942. Na
constructive result was reached.
On or about April 8 or 9, 1942, the president and vice president
of Local 637 of the U. A. W.-A. F. L., upon their own volition, con-
ferred with a representative of the U. A. W.-C. I. O. concerning
affiliation with that organization . On April 10 , 1942, the executive
board of the local held a meeting and voted to change its affiliation,
from the U. A. W.-A. F. L. to the U. A. W.-C. I. O. At that time;
the membership of Local 637 of the U. A. W.-A. F. L. was approxi-
mately 900 . On April 12, 1942, at a special meeting of the, local
attended by approximately 269 employees of the Company, a motion
was made and carried by a vote of 268 to 1 to change affiliation. All
those present signed a petition which provided for the change of
affiliation and which , designated the U. A. W.-C. I. O. as collective
bargaining representative of the signers . This petition was later
circulated among the remaining employees , and was finally signed
by approximately 1,040 of the Company's 1175 employees.
On April 12 , 1942, a representative of the International Union'
(U. A. W.-A. F. L.) advised the Company that any recognition or,
collective bargaining by the Company with any individual, or groups
of individuals ; or any other organization other than `the'U. A. W,
A. F. L. would be a violation of the existing agreement between the
Company and Local 637 of the U. A. W.-A. F. L. On April 13,1942,-
the U . A. W.-C. I. O. granted the membership a charter , and the
president of the local notified the Company informally of the change'
of affiliation . On April 15, 1942, the president of the U. A. ' W.-
C. I. O. notified they Company that the organization desired to termi-
nate the existing contract.
i
1228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Since the change in affiliation the officers, stewards, executive board,
and bargaining committee of the local have continued to function
as officials of the U. A. W.-C. I. O. The funds, books, and records
are now in the possession of the U. A. W.-C. I. O. Regular meetings
have been held by the U. A. W.-C. I. O. Since the change in affil-
iation there has been no collective bargaining between Local 637
of the U. A. W.-A. F. L. and the Company and only one meeting has
been held in the name of Local 637 of the U. A. W.-A. F. L. This
meeting, held on May 3, 1942, was-attended by approximately 18
persons of whom about 6 were employees of the Company.
,The Board notes that this case does not involve a contest between
rival labor organizations competing for majority representation dur-
ing the existence of a valid outstanding exclusive bargaining contract,
but that substantially the entire membership of Local 637 of the
U. A. W.-A. F. L., acting upon their own initiative, transferred their
affiliation to the U. A. W.-C. I. 0.2 Under all the circumstances of
this case, we find that the contract between the Company and
Local 637 of the U. A. W.-A. F. L. does not constitute a bar to this
proceeding.
A report prepared by the Regional Director, and introduced in
evidence at the hearing, indicates that, the U. A. W.-C. I. O. repre-
sents 'a substantial number of the employees in the unit hereinafter
found to be appropriate.' - -
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT '
We find, in accordance with a stipulation of the parties, that all
employees of the Company excluding executives, administrators, office
and sales employees, superintendents, assistant superintendents, fore-
men, assistant foremen, timekeepers, production or schedule clerks,
engineers, designers, plant protection employees (including watch-
men), confidential clerks, and all employees who have the right to
2 See Matter of United Stove Company and International Union , United Automobile
Workers of America, affiliated with the Congress of Industrial Organizations , 30 N. L. R. B.
305; Matter of Sound Timber Company and International Woodworkers of America , Locals
67 and 7J, 8 N L. R B. 844
'The Regional Director repot ted that the U A W -C I 0 submitted petitions contain-
ing 911 signatures dated between April 12 and April 15, 1942 , designating the U A W -
C. I 0 as exclusive bargaining agent of the signers. All of the signatures appear to be
genuine original signatures Of the 911 signatures , 910 are names of persons whose
names appear on the Company's pay roll of April 25, 1942. There are approximately
1175 employees in the alleged unit Local 637 of the U A W -A F L nade no showing
of membership, relying on its contention , mentioned above , that its contract is a bar to
this proceeding
SEALED POWER CORPORATION 1229
hire or discharge, constitute a unit appropriate for the purpose of
collective bargaining, within the meaning of Section 9 (b) of the Act.
V. TIIE 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 our Direction of
Election herein, subject to the limitations and additions set forth in:
-said Direction . Local 637 of the U. A. W.-A. F. L. does not desire
to participate in an election , and we shall, therefore , not accord it a
place on the ballot.
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 Rela-.
Lions Act , and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it
is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Sealed Power
Corporation , Muskegon ; 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 the Regional Director for the Seventh Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Section 9, of said-Rules and Regulations ,, among the
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
in the active military service or training of the United States, or
temporarily laid off , but* excluding 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 (UAW-CIO),
affiliated with the C . I. 0., for the purposes of collective bargaining.