Vickers, Inc.

National Labor Relations Board - Board Decisions

Feb 28, 1945

60 N.L.R.B. 969 (N.L.R.B. 1945)

In the Matter of VICKERS, INCORPORATED and UNITED ELECTRICAL,
RADIO AND MACHINE WORKERS OF ADIERICA, CIO
Case No. 7-R-1885.-Decided February 28, 19.4.5
Beaumont, Smith, & Harris, by Mr. Albert E. Meder,. and Mr. L. W.
Gaffney, of Detroit, Mich., for the Company.
Mr. David Scribner, of New York City, for the Union.
Mr. Sidney Gross9nan, 'of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by United Electrical, Radio and Ma-
chine Workers of America, CIO, herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Vickers, Incorporated, Detroit, Michigan,
herein called the Company,', the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Robgrt J.
Wiener, Trial Examiner. Said hearing was held at Detroit, Michigan
on December 21, 1944 and January 17, 1945. The Company and the
Union appeared and participated. All parties were afforded full op-
portunity 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 an opportunity to file briefs with
the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Vickers, Incorporated, .a Michigan corporation, with its principal
offices and place of business in Detroit, Michigan, is engaged in manu-
facturing oil hydraulics, oil transmissions, and control systems for
1 At the heating , the name of the Company was amended as designated above.
60 N. L R B., No. 163.
969
970 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
various types of machinery; as a wholly owned subsidiary of Sperry
Corporation. This proceeding is concerned with the Company's op-
erations conducted in the building known as Convention Hall, De-
troit, Michigan, where a substantial portion of the materials processed,
consisting principally of steel forgings, bronze castings, and ferrous
and non-ferrous bar stock, is-secured from sources outside the State
of Michigan. The products manufactured by the Company at its
Convention Hall space approximate $500,000 in value, a major portion
of which eventually reaches customers located in States other than the
State of Michigan.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Electrical, Radio and Machine Workers of America, affili-
ated with the Congress of Industrial Organizations, is a labor organ-
ization admitting to membership employees of the Company.
III. THE ALLEGED APPROPRIATE UNIT
The Union seeks a unit comprised of the production and mainte-
nance employees employed by the Company at Convention Hall in
Detroit, Michigan. The Company opposes separation of its Con-
vention Hall employees from those at it's main plant located at Oakman
Boulevard, Detroit, and at its branch plant located at "8-mile road,"
about'6 miles distant therefrom. The Oakman plant is the center of
the Company's managerial and administrative functions and a sub-
stantial portion-of its production activities. In March 1942, the Com-
pany leased considerable space in the building known as Convention
Hall, situated about 5 miles from its main plant and about 11 miles
from the site of its branch plant, as a temporary measure for the pur-
pose of meeting increased production requirements resulting from
expanded war-time activities pending the construction of the branch
plant. However, the Company continued to operate at Convention
Hall when the facilities of the 8-mile road plant, completed in Septem-
ber 1942, proved inadequate to accommodate its full production
schedule. The Oakman plant principally manufactures Navy and
commercial hydraulic units and has about 3,711 hourly rated employees
in its employ, inclusive of the Convention Hall employees.
Functional considerations and other factors adverted to below, amply
support the Company's contention that the proposed unit is inappro-
priate for the purposes of collective bargaining. Convention Hall is
regarded as part of the Oakman plant, and therefore does not operate
under the supervision of a separate superintendent as does the branch
VICKERS, INCORPORATED 971
plant at 8-mile road. It is partly dependent upon other production
facilities of the Company,- and, in turn, processes parts that are as-
sembled at the Oakman plant. Moreover, it functions under man-
agerial authority establisled at the Oakman plant which, as indicated
above, is the source of the Company's labor relations policies. The
record also discloses that the Union's efforts in organizing the employ-
ees at the Oakman plant has been progressing satisfactorily, and that it
has not ceased its organizational activities with regard to these em-
ployees.2 Similarly, prior efforts to organize the employees at the
Oakman plant, included the employees at Convention Hall.3 We
therefore find, under the circumstances here present, that the unit peti-
tioned for is inappropriate ,for the purposes of collective bargaining.'
IV. THE- QUESTION CONCERNING REPRESENTATION
Since, as pointed out in Section III, above, the bargaining unit
sought to be established by the Union is inappropriate for the pur-
poses of collective bargaining with the Company, we find that no
question has been raised concerning the representation of employees
of the Company, within the meaning of Section 9 (c) of the National
Labor Relations Act.
ORDER
Upon the basis of the above findings of fact, the National Labor
Relations Board hereby orders that the petition for investigation and
certification of representatives of employees of Vickers, Incorporated,
Detroit, Michigan, filed by United Electrical, Radio and Machine
Workers of America, CIO, be, and it hereby is, dismissed.
2 While the extent of the Union's organization in the Oakman plant is not disclosed, a
witness for the Union testified that the Union has a "considerable" membership therein.
3 A consent election conducted in 1940 included all hourly rated production and main-
tenance employees of the Company. A similar election conducted in 1942 included the
employees in the Oakman plant as well as those at Convention Hall. In both instances,
the participating CIO union, other than the Union herein, lost the election. Matter of
Vickers, Inc., 28 N L R. B. 1048, 42 N L R B. 924
4 Matter of Anthony Company, 51 N. L. R B. 1084; Matter of Charles H Bacon t Com-
pany, 53 N L R B.,296 ; Matter of The Weldon Tool Company, 55 N. L R. B. 1211
Matter of Newnan Cotton Mills, 57 N. L. R B. 917. 1