Tool Service Co.

National Labor Relations Board - Board Decisions

Apr 29, 1944

56 N.L.R.B. 130 (N.L.R.B. 1944)

I
I
In the Matter of TOOL SERVICE COMPANY and LOCAL 771, INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLE-
MENT WORKERS OF AMERICA, (UAW-CIO)
Case No. 7-R-1655.-Decided April 29, 1944
Mr. Pierce E. Wright and Mr. Ward Bathy, of Detroit, Mich., for
the Company.
Mr. Robert Lightbody, of Detroit, Mich., for the Union.
Mr. William Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF.ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local 771, International Union, United
Automobile, Aircraft and Agricultural Implement Workers of Amer-
ica, (UAW-CIO), herein called the Union, alleging that•a question
affecting commerce had arisen concerning the representation of em-
ployees of Tool Service Company, Detroit, Michigan, herein called the
Company, the National Labor Relations Board provided for an.appro
priate hearing upon due notice before Harold A. Cranefield, Trial
Examiner. Said hearing was held at Detroit, Michigan, on March 30,
1944. • The Company'and the Union appeared and participated. All
parties 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 an opportunity to file briefs with the Board. - -
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company is engaged at Detroit, Michigan, in the manufacture
and servicing of tools and in the jobbing, of such tools produced by
others. All of the raw materials used by the Company, valued at
56 N. L. R. B., No. 26.
130
TOOL SERVICE COMPANY 131
about $18,000 annually, come from sources outside the State of Michi-
gan. ° About 70' percent of the tools which the Company handles as
jobber, is received from sources outside that State. At least 85 percent
of the customers for whom the Company services tools are engaged in
the manufacture of, war materials. This servicing produces between
70 ahd 75 percent of the Company's revenue. _
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local 771, International Union, United Automobile, Aircraft and
Agricultural Implement Workers of America, affiliated with the Con-
gress of Industrial Organizations, is a labor organization admitting
to membership employees of the Company.
III. THE QUESTION , CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union. as the
exclusive bargaining representative of certain of the Company's em-
ployees until the Union has been certified by the Board in an appro-
priate unit.
A statement of a Board agent, introduced 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 production and maintenance employees of the Company, but
excluding all clerical and confidential employees and all supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise' effect changes ih the status of employees, or effectively rec-
ommend 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 an election by secret,ballot among the em-
I The Field Examiner reported that the Union submitted 33 authorization cards, 28 of
which bore the names of persons appearing on the Company 's pay roll of December 7, 1943,
which contained the names of 56 employees in the appropriate unit.
132 DECISIONS OF NATIONAL LABOR RELATIONS BOARD,
ployees in the appropriate unit who were employed during the pay-,rol[
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the Direc-
tion.
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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining'with Tool Service Com
pany, 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 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, Sec-
tions 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 Di-
rection, including employees who did not work during the 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 pre-
sent themselves in person at the polls, but excluding those employees
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 or not they desire to be represented by Local 771, International
Union, United Automobile, Aircraft and Agricultural Implement
Workers of America, affiliated with the Congress of Industrial Organ-
izations, for the purposes of collective bargaining.