The Johnston & Jennings Co.

National Labor Relations Board - Board Decisions

Oct 18, 1943

52 N.L.R.B. 1464 (N.L.R.B. 1943)

In the Matter of THE JOHNSTON & JENNINGS COMPANY and LOCAL 174,
INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRI-
CULTURAL IMPLEMENT WORKERS OF AMERICA, C. I. O.
Case No. 7-R-150--Decided October 18, 191.3
Messrs. H. E. Minor and Wayne Stettbacher, of Detroit, Mich., for
the Company.
Mr. Nicholas J. Bathe, 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 174, International Union, United
Automobile, Aircraft and Agricultural Implement Workers of Amer-
ica, C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Johnston & Jennings Company, Detroit, Michigan, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Frederick P. Mett, Trial
Examiner. Said hearing was held at Detroit, Michigan, on October
6, 1943. 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 ruling made at the hearing are free from preju-
dicial error and are hereby affirmed. All parties were afforded oppor-
tunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:,
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Johnston & Jennings Company is an Ohio corporation operat-
ing a plant at Detroit, Michigan, where it is engaged in the manu-
facture of white iron castings. During the first 6 months of 1943
52 N. L. R. B., No. 247. _
1464
THE JOHNSTON & JENNINGS COMPANY 1465
the Company purchased raw materials valued in excess of $50,000 for
use at its Detroit plant, all of which was shipped to it from points inside
the State of Michigan. During the same period the Company manu-
factured products at its Detroit plant valued in excess of $100,000,
about 81 percent of which was delivered 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 174, International Union, United Automobile, Aircraft and
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
On August 16, 1943 the Union requested the Company to recog-
nize it as ' the exclusive collective bargaining representative of the
employees at the Detroit plant. The Company refused this request
until such time as the Union is certified by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial num-
ber of 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 substantial agreement with a stipulation of the parties,
that all production and maintenance employees of the Company, ex-
cluding office and clerical employees, working foremen, and any other
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute 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 shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during
,i The Regional Director reported that the Union presented 27 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Company's
pay roll of August 30, 1943. There are approximately 37 employees in the appropriate unit.
1466 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it
is hereby
Dim cr n that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Johnston &
Jennings Company, Detroit, 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 super-
vision 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 Regula-
tions, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immedi-
ately 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 dis-
charged for cause, to determine whether or not they desire to be
represented by Local 174, International Union, United Automobile,
Aircraft and Agricultural Implement Workers of America, affili-
ated with the Congress of Industrial Organizations, for the purposes
of collective bargaining.
MR. GERARD D. REiLLY took no part in the consideration of the
above Decision and Direction of Election.