W. B. Jarvis Co.

National Labor Relations Board - Board Decisions

May 8, 1944

56 N.L.R.B. 362 (N.L.R.B. 1944)

In the Matter of W. B. JARVIS COMPANY and INTERNATIONAL UNION,
UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS
or AMERICA, UAW-CIO
Case No. 7LR_1724.Decided May 8, 1944,
Messrs. D. A. Warner, L. A. Jarvis, D. H. Osborn, and J. M. Messing,
of Grand Rapids, Mich., for the Company.
M. John Stobbe, of Grand Rapids, Mich., for the UAW.
Mr. John, H. Vander Wal, of Grand Rapids, Mich., for the
Independent.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union, United Automo-
bile, Aircraft & Agricultural Implement Workers of America, UAW-
CIO, herein called. the UAW, alleging that a question affecting com-
merce had arisen concerning the representation of employees of the
W. B. Jarvis Company, Grand Rapids, 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 Grand Rapids, Michigan, on
April 13, 1944. The Company, the UAW, and the Employees Union
of the W. B. Jarvis Company, herein called the Independent, appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine 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 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
W. B. Jarvis Company, a Michigan corporation, operates a plant at
Grand Rapids, Michigan, where,it is engaged in the production of war
materials ; the Grand Rapids plant is the-only one involved herein.
56 N. L . R. B., No. 73.
362
W. B. JARVIS COMPANY 363
During the year ending June 30, 1943, the Company used approxi-
mately 3,000,000 pounds-of armor plate at its Grand Rapids plant,
about 33 percent of which was shipped to the plant from points out-
side the State of Michigan. During the same period approximately
900,000 unfinished mess trays were shipped to the Grand Rapids plant
for further fabrication, all of which were shipped from points outside
the State of Michigan. Approximately 20 percent of the above-
mentioned armor plate and substantially all mess trays were shipped
to points outside the State of Michigan after fabrication.
The Company admits that it is engaged in commerce within the -
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, affiliated with the Congress of In-
dustrial Organizations, is a labor organization admitting to member-
ship employees'of the Company.
Employees Union of the W.,B. Jarvis Company, unaffiliated, is
a labor organization admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the UAW as the exclusive bar-
gaining representative of its employees until the UAW is certified
by the Board.
The record shows that the Company and the Independent *entered
into a series of bargaining agreements covering the employees in-
volved herein, the first of which was negotiated in 1936. At present,
there is an existing contract between the Company and the inde-
pendent which will expire by its terms on May 14,, 1944. The Com-
pany and the Independent do not assert that the existing agreement
precludes a present determination of representatives. In view of this
fact and since the agreement is about to expire, we find that it does
not constitute a bar to the instant proceeding.
A statement prepared by a Field Examiner, introduced in evi-
dence at the hearing, indicates that the UAW represents a substantial
number of employees in the unit hereinafter found to be appropriate."
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
I 1 The Field Examiner reported that the UAW submitted 142 designation cards . There are
approximately 275 employees in the unit alleged by the UAW to be appropriate . The In-
dependent submitted no evidence of membership, apparently relying on its contract to show
its interest in the proceeding.
364 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
0
IV. THE APPROPRIATE UNIT
The parties stipulated and we find that all production and mainte-
nance employees of the Company at its Grand Rapids, Michigan, plant,
excluding office employees, time-study men, timekeepers, laboratory
employees, nurses, clock men, plant guards, chief engineer, assistant
engineers, superintendents, assistant superintendents, general fore-
men, and all supervisory employees who have authority to hire, pro-
mote, 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. 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-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in thee
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 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with W. B. Jarvis Com-
pany, Grand Rapids, 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, Sections 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 Direction, including employees 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
any who have since quit or been discharged for cause and have not
been rehired or reinstated prior to the date of the election, to deter-
mine whether they desire to be represented by International Union,
United Automobile, Aircraft & Agricultural Implement Workers of
America; UAW-CIO, or by Employees Union of the W. B. Jarvis
Company, -for the purposes of collective bargaining, or by neither.