Motor Valve and Manufacturing Co.

National Labor Relations Board - Board Decisions

Aug 12, 1943

51 N.L.R.B. 1240 (N.L.R.B. 1943)

In the Matter Of MOTOR VALVE AND MANUFACTURING COMPANY and
INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRI-
CULTURAL IMPLEMENT WORKERS OF AMERICA (UAW-CIO)
Case No. R=5648.Decided August 12, 1943
Mr. Glen R. Miller, of Detroit, Mich., for the Company.
Mr. Bernard J. Young, of Port Huron, Mich., for the Union.
Miss Frances Lopivnsky, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT Oli THE CASE
Upon a petition duly filed by International Union, United Auto-
mobile, Aircraft and Agricultural Implement Workers of America
(UAW-CIO), herein called the Union, alleging that a question affect-
ing commerce has arisen concerning the representation of employees
of Motor Valve and Manufacturing Company,' Marine City, Michi-
gan, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Harold
A. Cranefield, Trial Examiner. Said hearing was held at Mt. Clem-
ens, Michigan, on July 16, 1943. The Company and the Union ap-
peared, participated, and 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 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
Motor Valve and Manufacturing Company is a Michigan corpora-
tion engaged in Marine City, Michigan, in the manufabture of poppet
1 Upon motion of the Company at the hearing all pleadings were amended to correspond
with this , the correct corporate name.
2 The Company offered and the Trial Examiner refused to admit evidence to prove that
the Union has lost membership since it filed its petition.
' All facts were stipulated.
51 N. L. R. B., No. 195.
1240
MOTOR VALVE A'-,VD MANUFACTURING COMPANY ' 1241,
valves for internal combustion engines , using as raw materials,
principally stainless steel and alloy steel, all of which is purchased
outside the State of Michigan, and shipping 95 percent of its product
outside the State of Michigan. The value of raw materials used
during the period from July 1, 1942, to December 31, 1942, exceeded
$57,000; the value of products manufactured during the same period
exceeded $240,000.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America is a labor organization affili-
ated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about May 12, 1943, the Union, by letter, requested recog-
nition as the exclusive bargaining representative of the Company's
employees. The Company replied in writing that it doubted the
Union's majority and would bargain with it only if it were certified
by the Board.
A statement of the Regional Director introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of the employees in the unit herein found 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
In accordance with the stipulation of the parties we find that all
production and maintenance employees of the Company, excluding
clerical employees, watchmen 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. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among em-
'The Union submitted 32 application -for-membership cards, undated but purportedly
signed between April 1 and May 18, 1943 . These cards bore apparently genuine original
signatures , 28 of which appeared on the Company 's June 15, 1943 , pay roll which contained
the names of 73 employees in the appropriate unit.
1242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees of the Company in the unit found. appropriate in Section
IV, above, who were employed during the pay-roll period immedi-
ately preceding the date of the Direction of Election herein, subject
to 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
Relations 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 repre-
sentatives for the purposes of collective bargaining with Motor Valve
and Manufacturing Company, Marine City, 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 Rela-
tions Board, and subject to Article III, Section 10, of said Rules and
Regulations, among the employees of the Company within 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 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, Aircraft and Agricultural Implement Workers
of America (UAW-CIO) for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.