The Machined Parts Corp.

National Labor Relations Board - Board Decisions

Nov 20, 1943

53 N.L.R.B. 781 (N.L.R.B. 1943)

In the Matter of THE MACHINED PARTS CORPORATION and LOCAL No. 174,
INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICUL-
TURAL IMPLEMENT WORKERS OF AMERICA, C. I. O.
Case No. 7-R-1582 .-Decided November 20, 1943
Mr. Norman P. Lasca, of Detroit, Mich., for the Company.
Mr. Nicholas J. Rothe, of Detroit, Mich., for the-UAW-CIO.
Mr. Henry J. Murphy and Mr. Charles E. Wright, of Detroit, Mich.,
for the IAM.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local No. 174, International Union,
United Automobile , Aircraft & Agricultural Implement Workers of
America , C. 1. 0., herein called the UAW-CIO, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of the Machined Parts Corporation , Detroit, Michigan , herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Harold A . Cranefield,
Trial Examiner. Said hearing was held at Detroit , Michigan, on No-
vember 3 , 1943. At the commencement of the hearing the Trial Ex-
aminer granted a motion of International Association of Machinists,
Local Lodge No. 1361 , A. F. of L., herein called the I . A. M., to inter-
vene. The Company, the UAW-CIO, and the IAM appeared at and
participated in the hearing and all parties were afforded full oppor-
tunity to be heard , to examine and cross -examine witnesses, and to
introduce evidence bearing on the issues . The Trial Examiner's rul-
ings 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 following:
53 N. L . R. B., No. 141.
781
559015-44-vol. 53-51
782 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Machined Parts Corporation is a Michigan corporation with
its principal place of business at Detroit , Michigan , where it is en-
gaged in the manufacture of electrical ignition parts and screw
machine parts for automobiles. During the 6-month period end-
ing September 30, 1943, the Company purchased raw materials valued
in excess of $25,000, approximately 50 percent of which was shipped
to it from points outside the State of Michigan. During the same
period the Company sold products valued in excess of $25,000, ap-
proximately 50 percent of which was shipped to points outside the
State of Michigan.
II. THE ORGANIZATIONS INVOLVED
Local No. 174, 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.
International Association of Machinists, Local Lodge No. 1361, is
a labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On September 18, 1943, the UAW-CIO requested the Company to
recognize it as the exclusive collective bargaining representative of the
Company's employees. The Company refused this request.
On October 21, 1942, the Company and the I. A. M. entered into an
exclusive bargaining contract. The contract provides that it shall
remain in effect until at least October 21, 1943. It further provides
that it is terminable thereafter upon 30 days' notice of either party
thereto. Inasmuch as the contract is subject to termination, by either
party thereto by 30 days' notice, we find that it does not constitute, a
bar to a determination of representatives at this time.
A statement of the Regional Director, introduced into evidence at
the. hearing, indicates that the UAW-CIO represents. a substantial
number 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 meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labol
Relations Act.
I The Regional Director reported that the UAW-CIO presented 16 authorization cards
bearing apparently genuine signatures of persons whose names appear on the Company's
pay-roll of October 13, 1943, which contains the names of 20 persons . The I . A. M. did
not present any evidence of representation , but relies upon its agreement as evidence
of its interest in the instant proceeding.
THE MACHINED PARTS CORPORATION 783
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 clerical employees and all supervisory employees with author-
ity to hire, promote, discharge, discipline; or, otherwise effect chahges
In'the'status of employees, or effectively recommend such action, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
.I ^ . V. HE DR ERMINATIOX OF RRPRESENTATI VES
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 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 O1' 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-
tions Act, and pursuant to Article III, Section 9, 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 The Machined
Parts Corporation, 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 supervi-
sion 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 temporar-
ily 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 determine
whether they desire to be represented by L'ocal No. 174, International
Union, United Automobile, Aircraft & Agricultural Implement
Workers of America, affiliated with the Congress of Industrial Or-
ganizations, or by International Association of Machinists, Local
Lodge No. 1361, affiliated with the American Federation of Labor,
for the purposes of collective bargaining, or by neither.