Tyler Fixture Corp.

National Labor Relations Board - Board Decisions

Aug 11, 1943

51 N.L.R.B. 1216 (N.L.R.B. 1943)

i
In the Matter of KAY PRODUCTS COMPANY, DIVISION OF TYLER Fix-
TURE CORPORATION and LOCAL 174, INTERNATIONAL UNION, UNITED
AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA (UAW-CIO)
Case No. R-5737.-Decided August 11, 19.13
Byrnes and Hadsell, by Mr. Philip A. Hadsell, of Niles, Mich., and
Mr. Stanley E. Knauss, of Detroit, Mich., for the Company.
Mr. Nicholas J. Rothe and Mr. Homer B. Bell, by Mr. Homer B.
Bell, of Detroit, Mich., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a second amended petition duly filed by Local 174, Interna-
tional Union, United Automobile, Aircraft & Agricultural Implement
Workers of America (UAW-CIO), herein called the Union, alleging
that a question affecting commerce had,arisen concerning the repre-
sentation of employees of Kay Products Company, Division of Tyler
Fixture Corporation, Detroit and Dearborn, Michigan, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Frank L. Danello,_Trial
Examiner. Said hearing was held at Detroit, Michigan, on July
23, 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.
At the hearing, the Union made a motion to amend the unit which
it seeks by excluding, in addition to other classifications, supervisory
employees with the right to recommend hiring and discharging.
This motion was referred by the Trial Examiner to the Board. The,
motion is hereby granted. The Trial Examiner's rulings 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:
51 N. L. R. B., No. 190.
1216
KAY PRODUCTS COMPANY
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
1217
Kay Products Company, a Division of Tyler Fixture Corporation,
herein called the Corporation,' is presently engaged at Detroit and
Dearborn, Michigan, in the manufacture of aircraft parts. During
the year 1942 the Corporation purchased materials for use by the
Company valued in excess of $50,000, of which 80 percent was shipped
to the Company from points outside the State of Michigan. During
the same period the value of the finished products of the Company
was in excess of $75,000, 98 percent of which was sold f. o. b. Detroit,
Michigan. In view of the foregoing, we find that the Company is
engaged in commerce within the meaning of the National Labor
Relations Act.'
II. THE ORGANIZATION INVOLVED
Local 174, International Union, United Automobile, Aircraft &
Implement Workers of America (UAW-CIO), is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, admit-
ting to,,membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letters dated June 3 and 18, 1943, the Union requested recogni-
tion of the Company' as exclusive bargaining agent for its employees.
The Company refused to grant such recognition unless and until the
Board makes a finding with respect to the appropriate unit and the
Union demonstrates proof of majority representation.
A statement of the Regional Director, introduced into evidence
at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found tppropriate.3
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
The Union, by its second amended petition and its motion to amend
made at the hearing, seeks a unit comprised of all production and
1 The Corporation is a Michigan corporation with its principal office and place of business
in Niles, Michigan
'See Matter of General Motors Coiporation, 44 N. L. R B 513.
$ The Regional Director reported that the Union submitted 100 application cards of
which 92 bore apparently genuine and original signatures containing the names of persons
appearing upon the Company's pay roll of June 15, 1943. The above-mentioned pay roll
contained the names of approximately 205 employees within the appropriate unit.
1218 DECISION'S OF NATIONAL LABOR RELATIONS BOARD
maintenance employees of the Company at both its Detroit and Dear-
Michigan, plants, excluding office and clerical employees, super-
visory employees with the right to hire and discharge as well as
those who have the right to recommend such action, and watchmen.
The Company contends that the unit should include not only the two
plants of the Company but also three plants of the Corporation
located in Niles, Michigan. It further contends that those of its
employees engaged as working foremen and watchmen should be in-
cluded within 'the unit.
The record discloses that the Detroit and Dearborn plants of the
Company are under the supervision and control of a plant manager
and his assistant. The Company is considered by the Corporation
as one unit for the purposes of buying materials and selling finished
products. Its labor relations are handled by the main office for both
plants. There is frequent interchange in personnel between the De-
troit,and Dearborn plants of the Company whereas there is none
between these plants and those located at Niles. Furthermore, the
Company adduced no evidence which would indicate the appropriate-
ness of the larger unit. In view of the foregoing, and in view of
the fact that the Union has confined its organizational activities to
the Detroit and Dearborn plants, we find that a unit confined to
these plants is appropriate.
The following classifications of employees are in dispute :
Working foremen: The Company employs eight persons at its two
plants, classified as working foremen, who, it contends, should be
included within the appropriate unit. The Union would exclude
these employees on the ground that they are supervisers, and thus
not eligible for membership. The record indicates that these em-
ployees lay out the work for the workers whom they supervise, break
in new employees, and continually exercise supervisory functions
even while working. They report directly to the plant manager or
to his assistant, and receive wages higher than those received by the
ordinary production and maintenance employees. While not possess-
ing the right to hire or discharge, they do- have the right to recom-
mend such action. In view of the foregoing, we shall exclude them.
Watchmen: The Company employs two persons as watchmen who
supply their own arms and uniforms and spend approximately 50
percent of their time at duties usually performed by such employees;
the balance of their time is spent in such miscellaneous tasks as trans-
porting personnel and material between the two plants, administering
first aid, and filling in when necessary in the shipping and inspection
departments. They have not been inducted into the auxiliary serv-
ices, nor do they exercise any control over other employees except
in their line of duty as watchmen over the premises in preventing
KAY PRODUCTS COMPANY 1219
fire, trespass, theft, and sabotage. We are of the opinion that the
duties of these employees, as set forth above, indicate that they per-
form the customary duties of watchmen, rather than those of spe-
cialized plant-protection forces. Accordingly, we shall include them
in the appropriate unit.4
We find that all production and maintenance employees of the
Company engaged at its Dearborn and Detroit plants, including
watchmen, but excluding office and clerical employees, working fore-
men, and all 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. TIIE 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-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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 Kay Products
Company, Division of Tyler Fixture Corporation, Dearborn and
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-
tion 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 employees who did not work during said pay-
roll period because they were ill or on vacation or temporarily laid
4 See Matter of Hamrick , 44 N. L. R B 238 ; Matter of North Carolina Finishing Company,
44 N L R B 681 ; Matter of The Brown Paper Mill Company , Inc, 45 N. L R B 1227.
540612-44-vol 51-78
1220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 deter-
mine whether or not they desire to be represented by Local 174,
International Union, United Automobile , Aircraft & Agricultural
Implement Workers of America (UAW-CIO), affiliated with the
Congress of Industrial Organizations , for the purpose of collective
bargaining.
CHAIRMAN MiLus took no part in the consideration of the above
Decision and Direction of Election.