The Midland Steel Products Co.

National Labor Relations Board - Board Decisions

Jan 10, 1940

19 N.L.R.B. 306 (N.L.R.B. 1940)

In the Matter of THE MIDLAND STEEL PRODUCTS COMPANY, DETROIT
PRESSED STEEL DIVISION and LOCAL 410, INTERNATIONAL UNION,
UNITED AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH CON-
GRESS OF INDUSTRIAL ORGANIZATIONS
Case No. R-1565
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
January 10, 1940
On November 20, 1939, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election in the
above-entitled proceedings." Pursuant to the Direction of Election,
an election by secret ballot was conducted on December 12, 1939, under
the direction and supervision of the Regional Director for the Sev-
enth Region (Detroit, Michigan). On December 14, 1939, the Re-
gional Director, acting pursuant to Article III, Section 9, of National
Labor Relations Board Rules and Regulations-Series 2, issued an
Election Report, copies of which were duly served upon the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote------------------------------ 1,349
Total number of ballots cast------------------------------- 1,277
Total number of valid votes cast-------------------------- 1,269
Total number of votes for Local 410, International Union,
United Automobile Workers of America, affiliated with the
A. F. L------------------------------------------------ 529
Total number of votes for Local 410, International Union,
United Automobile Workers of America, affiliated with the
C. I. 0------------------------------------------------- 711
Total number of votes for neither-------------------------- 29
Total number of challenged ballots------------------------ 0
Total number of blank ballots____________________________ 2
Total number of void ballots----------------------------- 6
On December 19, 1939, Local 410, International Union, United
Automobile Workers of America, affiliated with the American Fed-
117 N. L. R. B. 936.
19 N. L. R. B., No. 32.
306
THE MIDLAND STEEL PRODUCTS COMPANY 307
eration of Labor, herein called the A. F. L.-U. A. W., filed with the
Regional Director Objections to the conduct of the ballot and the
Election Report. The Objections alleged in substance that by re-
stricting the eligibility of employees to vote in the Election to those
employees who were employed by the Company during the pay-roll
period ending November 18, 1939, some 300 employees of the Com-
pany who had not been actually employed during such pay-roll period
were disqualified from voting. The Objections further alleged that
the instant proceeding is in derogation of the rights of the A. F. L:
U. A. W. under a presently existing contract with the Company. On
December 21, 1939, the Regional Director issued his Report on Objec-
tions, copies of which were duly served upon the parties. In his Report
on Objections, the Regional Director found that the objections related
in whole to matters which were of record in the proceedings and duly
considered by the Board in issuing its Decision and Direction of
Election and raised no substantial and material issue as to the conduct
of the ballot. At the hearing counsel for the A. F. L.-U. A. W. in-
dicated that a pay-roll date subsequent to the date of the hearing,
"whatever date the Board might decide on an election," might be used
to determine eligibility of employees to participate in such election..
In the absence of any controversy concerning the eligibility date the
Board followed its usual practice and provided that those employees
within the appropriate unit who were employed by the Company
during the pay-roll period next preceding the date of the Direction,
including employees who were then or had since been temporarily
laid off, should be eligible to vote. The A. F. L.-U. A. W. contended
at the hearing that the petition should be dismissed because of the
contract between Local 410 and the Company but the Board found
in its Decision that the A. F. L.-U. A. W. and Local 410, International
Union, United Automobile Workers of America, affiliated with the
Congress of Industrial Organizations, each claimed to be the organi-
zation authorized to represent the employees covered by the agree-
ment. The Board found that, under the circumstances, the contract
was not a bar to a determination of representatives because, "in the
absence of such a determination, the confusion resulting from the
split in Local 410 and the contractual claims of the two labor organi-
zations will seriously interfere with collective bargaining between
the Company and its employees." The Board has considered the
Objections and the Report on Objections and finds that the Objections
raise no substantial and material issues with respect to the conduct
of the ballot. They are hereby overruled.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
308 DECISIONS OT NATIONAL LABOR RELATIONS BOARD
tions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
IT IS HEREBY CERTIFIED that Local 410, International Union, United
Automobile Workers of America, affiliated with the Congress of In-
dustrial Organizations, has been designated and selected by a majority
of the production and maintenance employees of the Midland Steel
Products Company, engaged at the Detroit Pressed Steel Division
including all tool and dye employees, all shipping and receiving'em-
ployees, truckers, and stockchasers, but excluding foremen, super-
visors, assistant foremen, timekeepers, plant protection employees and
salaried employees, as their representative for the purposes of collec-
tive bargaining, and that pursuant to Section 9 (a) of the National
Labor - Relations Act, Local 410, International Union, United Auto-
mobile Workers of America, affiliated with the Congress of Industrial
Organizations, is the exclusive representative of all such employees for
the purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.
l\IR. WILLIAM M. LElsEasoN took no part in the consideration of the
above Supplemental Decision and Certification of Representatives.