The William J. Burns International Detective Agency

National Labor Relations Board - Board Decisions

May 3, 1943

49 N.L.R.B. 385 (N.L.R.B. 1943)

In the Matter of W.' SHERMAN BURNS, RAYMOND J. BURNS, ASHLEY
JOHN BURNS] AND WILLIAM J. BURNS, CO-PARTNERS, DOING BUSINESS
UNDER THE FORM, NAME AND STYLE OF THE WILLIAM J.fj' BURNS
INTERNATIONAL DETECTIVE AGENCY and INTERNATIONAL 'UNION,
UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTRAL IMPLEMENT
WORKER'S OF AMERICA, CIO, LOCAL 258
Case No. R-.5094.-Decided May, 33, 1943
Mr. E. L. Patterson, of Detroit, Mich., for the Company.
Mr. Chester Eckart, of Jackson, Mich., for Local 258.
Mr. David V. Easton, of counsel to the Board.
. DECISION
AND /
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon amended petition duly filed by International Union, United
Automobile, Aircraft and Agricultural Implement Workers of Amer-
ica, CIO, Local 258, herein called Local 258, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of W. Sherman Burns, Raymond J. Burns, Ashley John Burns,
and William J. Burns, co-partners, doing business under the form,
name, and style of The William J. Burns International Detective
Agency, Jackson, Michigan, herein called the Company, employed' as
plant=protection workers , at the Jackson Pump Division of the
Houdaille-Hershey Corporation, Jackson, Michigan, herein called the
Corporation, the National Labor Relations Board provided for an,
appropriate hearing upon due notice before Charles E. Persons, Trial
Examiner. Said hearing was held at Jackson, Michigan, on April 1,
1943. The Company and Local 258 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 Com-
pany made a motion at the hearing to dismiss the petition herein upon
grounds that. (1) Local 258, being an affiliate of the International
Union, United Automobile,, Aircraft and Agricultural Implement
Workers of America, herein called the International, is precluded
N. L., R . B., No. 49.
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' BFFi
386 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD
from representing the Company's plant-protection employees because
of the express terms of the collective bargaining agreement now in
force between the Corporation and the International's Local 673, which
covers factory employees of the Corporation; (2) by reason of the
above, the Board lacks jurisdiction over the petition herein ; and (3) col-
lective bargaining is inconsistent with the plant-protection workers'
status as civilian auxiliaries of the military police. This motion was
-referred by the Trial Examiner to the Board. For reasons appearing
below, the motion is denied. The Trial Examiners rulings made at
the hearing are free from prejudicial error and are hereby affirmed.
The Company filed a brief which the Board has considered.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT "
1. THE BUSINESS OF THE COMPANY
W. Sherman Burns, Raymond J. Burns, Ashley John Burns, and
William J. Burns constitute a co'-partnership, doing business under the
form, name, and style of The William J. Burns International Detective
Agency, with offices in the principal cities of the United States, and in
Canada, Great Britain, and France. The Company is engaged in a
general detective business and furnishes guards to various manufac-
turing plants throughout the country. We are concerned herein with
the guards furnished by the Company to the Corporation at its Jack-
son Pump, Division Plant, located at Jackson, Michigan. The Com-
pany has a contract with the Corporation which provides for the
furnishing by the Company of all guards needed for the protection of
the Jackson Pump Division Plant. The Corporation operates eight
plants, of which two are located in the'State of Michigan. The Jack-
son Pump Division Plant normally produces bumpers sold to producers
of automobiles and trucks and its products are distributed throughout
the, United States. At the present time, however, it is engaged in the
production of bumpers for war "vehicles, small parts , for tanks, and
bombs, all for the United States Army. Practically all of the steel
purchased by the Corporation for the use of the Jackson Bumper
Division Plant is purchased from point's outside the State of Michigan ;
the finished products are destined for use'at points outside the State of
Michigan. We find that the Jackson Bumper Division of the Hou=
daille-Hershey Corporation 'is engaged in commerce within the meaning
of the' National Labor Relations Act.
,On these facts, we find that the Company is engaged in commerce
within the meaning of the Act.'
Matter o / W. Sherman Burns, Raymond J. Burns, Ashley John Burns, and William J.
X
Burns, co-partners , doing business under the form, name, and style of The William J. Burns
Detective Agency and American Federation of Labor, 47 N. L. R. B., 010, and cases cited
therein.
THE WILLIAM J. BURNS INTERNATIONAL DETECTIVE AGENCY 387
II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America, Local 258, is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated February 1, 1943, Local 258 advised the Company that
it represented a majority of all the plant-protection employees in the
Jackson Bumper Division Plant, and requested recognition as the bar-
gaining representative of these employees. On February 5, 1943, the
Company replied that Local 258 was not in a position to represent these
employees because of the provision in a current contract between the
Corporation and the International's Local 673 covering factory em-
p]oyees^ which precluded the contracting union from accepting for,
membership certain enumerated classes of employees among which were
included plant-protection employees. Thereafter, on March 24, 1943,
Local 258 filed the amended petition in this proceeding.
The Corporation is currently operating under a collective bargaining
agreement with the International's Local 673 which covers factory em-
ployees at the Jackson Bumper Division Plant. This agreement was
executed on October 22, 1942, and by its terms, is to remain in effect
until October 22, 1943, and thereafter, in the absence of 30 days' notice
by either party of a desire to change, modify, or cancel. This agree-
ment contains a provision stating that "the Union will not accept
for membership direct representatives of the management such as .. .
plant guards . . ." The Company contends that the petitioning union,
Local 258, being an affiliate of the International, is bound by this
provision and is, therefore, estopped from seeking to represent the
plant-protection workers. ,
- We,have recently held in the Packard and Briggs cases that a similar
contractual provision between an employer and an affiliate of the peti-
tioning union did not preclude the latter from seeking to represent
plant-protection employees.2 Thus if we were to assume in this case
that the contract referred to was entered into with the Company by an
affiliate of Local 258 and that it is binding upon Local 258, the reason-
ing of the foregoing cases would require that the Company's contention
be rejected. However, in this case the contract is between the Corpora-
tion and Local 673, and the Company is not a party thereto. The plant-
protection employees involved are employees of the Company and not
zMatter, of Packard Motor Car Comp any and International Union, 'United Automobile,
Aircraft end A4riculturat Implement Workers of America, (UAW-CIO), Local 111,, 47 N L
R B, 932; Briggs Manufacturing . Company and Amalgamated Plant Protection Local
Union No. 114 , (UAW-CIO), Case No . R-4914 , decided, April 23, 1943 , 49 N. L R. B.,
57
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531647-43-vol 49--26
388 • DFrcJISIONS OF NATIONAL LABOR R,ELAUGN+S BOARD
of the Corporation. Accordingly, we find that the foregoing provision
contained in the contract between the Corporation and Local 673 is not
a bar to this proceeding.
A statement of the Regional Director, introduced into evidence at the
hearing, indicates that Local 258 represents a substantial number of
employees 3 in the unit hereinafter'fouiid appropriate.4
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
Local 258 contends that all plant-protection workers of the Company
in the Jackson Bumper Division Plant of the Corporation, excluding
the chief and two assistant chiefs, comprise an appropriate unit.
While not contesting the proposed inclusions and exclusions, the Com-
pany urges that plant-protection employees should not be permitted to
choose a collective bargaining agent since they are sworn members of
the auxiliary military police and, therefore, are Federal officers, and
are excluded from the purview of the Act. We have frequently found
that plant-protection workers hired and paid by employers are em-
ployees within the meaning of the Act and may designate a representa-
tive for the purposes of collective bargaining, even though they are
members of the auxiliary military police, or have been deputized as
law enforcement officers.6 Accordingly, the Company's contentions
are rejected.
We find that all plant-protection employees of the Company em-
ployed at the Jackson Bumper Division Plant of the Corporation,
excluding the chief and the assistant chiefs, constitute a unit appropri-
ate for, the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act. -
V. THE DETERMINATION OF REPRESENTATIVES
Local 258 urges that 'eligibility to vote be determined by reference
to the pay roll of the Company as of March 1, 1943, contending that
original appointments of protection workers are for 3G days and are
3 For reasons appearing below , we find , contrary to the contention of the Company, that
plant -protection employees ale employes within the meaning of the Act
s The Regional Director reported that Local 258 submitted 12 authorization cards, of
which 10 bore the signatures of persons appearing upon the Company ' s pay roll of March
13, 1943 . This pay roll contained 13 names in the appropriate unit. All signatures on
the 10 authorization cards which bore names corresponding to those upon the pay-roll list,
appeared to be genuine and original.
5 See footnote 1. See also Matter of Curtiss -Wright Corp . and International Association
of Machinists , District 76, A. F:'L., 45 N . L. R B '1268, and cases cited therein
° Matter of Westinghouse Aerbrike Company and United Electrical, Radio & Machine
Worl, cis of America, Local No. 610, 42 N . L. R.,B 525'
I
THE WILLIAM J. BURNS INTERNATIONAL DETECTIVE , AGENCY 389
distinctly probationary. We do not consider this contention as a
sufficient reason for departing from our usual procedure, and, in ac-
,cordance therewith, we shall direct that the question concerning repre-
sentation which has arisen be resolved by an election by secret ballot
among the employees in the appropriate unit who were employed dur-
ing 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 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 W. Sherman
Burns, Raymond J. Burns, Ashley John Burns, and William J. Burns,
co-partners, doing business under the form, name, and style of The
William J. Burns International Detective Agency, Jackson, Mich-
igan, 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 10, 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 em-
ployees 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 those 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 and Agricultural Implement Workers of America, Local 258,
affiliated, with the Congress of Industrial Organizations, for the pur-
poses of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.