The Cross Co.

National Labor Relations Board - Board Decisions

Jan 25, 1945

60 N.L.R.B. 218 (N.L.R.B. 1945)

In the Matter of THE CROSS COMPANY and LOCAL 155, INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, UAW-CIO
Case No. 7-R-1918.-Decided January 25,1945
Mr. Pierce E. Wright, of Detroit, Mich., for the Company.
Messrs. Sig Vernberg and John Anderson, of Detroit, Mich., for the,
Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION.
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 155, International Union, United
Automobile, Aircraft & Agricultural Implement- Workers of America,
UAW-CIO, he called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Cross Company, Detroit, Michigan, herein called the Company,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Cecil Pearl, Trial Examiner. Said hearing
was held at Detroit, Michigan, on January 9, 1945. The Company and
the Union appeared, participated, and 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 f,)flowing :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Cross Company is a Michigan corporation operating a plant at
Detroit, Michigan, where it is engaged in the manufacture of machine
tools. During the 6-month period preceding the hearing, the Company
purchased about 529 tons of raw materials from points outside the State
60 N. L. R. B., No. 45.
218
k
THE CROSS COMPANY 219
of Michigan: During the same period the Company shipped about 495
tons of finished products to points outside the State of Michigan.
The Company admits that it is engaged in commerce within the,
meaning of the National Labor Relations Act. -
II. THE ORGANIZATION INVOLVED
Local 155, International Union, United Automobile, Aircraft &
Agricultural Implement Workers of America, is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During November 1944, the Union requested the Company to recog-
nize it as the exclusive collective bargaining representatives of the
Company's employees. The Company refused this request until such
time as the Union is certified by the Board.
A statement of the Trial Examiner, read into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.'
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
We find, in substantial agreement with a stipulation of the parties,
that all hourly rated production and maintenance employees of the
Company, excluding office and clerical employees, watchmen, office
janitors, timekeepers, and all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, consti-
tute 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 find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
The Union urges that a pay roll as of December 1, 1944, be used to
determine eligibility to vote. Inasmuch as no persuasive reason
appears for departing from our usual practice, we shall direct that the
I The Trial Examiner reported that the Union presented 24 authorization cards bearing
the names of persons who appear on the Company 's pay roll of January 7, 1945. There are.
approximately 74 employees in the appropriate unit.
220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees eligible to vote shall be those 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 Relations
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 The Cross Com-
pany, Detroit, Michigan, an election by secret ballot shall be con-
ducted 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, Sections 10 and 11, 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 temporarily
laid off, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
any who have since quit or been discharged for cause and have not
been rehired or reinstated prior to the date of the election, to deter-
mine whether or not they desire to be represented by Local 155, Inter-
national Union, United Automobile, Aircraft & Agricultural Imple-
ment Workers of America, UAWV-CIO, for the purposes of collective
bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.