Magnus Metal Division Of National Lead Comrany And Local 351; International Union, United Automobile, Aircraft & Agricultural Implement Workers Of America (uaw), 691 (1943)

In the Matter of MAGNUS METAL DIVISION OF NATIONAL LEAD COMrANY and LOCAL 351; INTERNATIONAL UNION, UNITED AUTOMOBILE,

AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW) Case No. R-4615.-Decided January 4, 1943 Jurisdiction: brass castings manufacturing industry.

Investigation and Certification of Representatives: existence of question: refusal to accord recognition without Board certification; contract automatically renewable in absence of 30 days' notice held no bar to, when petitioner gave timely notice and contracting union had itself notified Company of desire to change contract prior to automatic renewal date; election necessary.

Unit Appropriate for Collective Bargaining: all production and maintenance employees at one of Company's 16 plants, with specified inclusions and exclusions.

Mr. F. A. Croft, of Chicago, Ill., for the Company.

Mr. Nibholas J. Rothe, of Detroit, Mich., for the UAW.

Mr. John P. Warner, of Kalamazoo, Mich., and Mr. Harry J. Behne, of Detroit, Mich., for the Molders.

Miss Muriel J. Levor, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by Local 351, International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, herein called the UAW, alleging that a question affecting commerce had arisen concerning the representation of employees of the Magnus Metal Division of National Lead Company, herein called the Company, at its Detroit plant, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert J. Weiner, Trial Examiner. Said hearing was held at Detroit, Michigan, on December 3, 1942. The Company, the UAW, and Local 31, International Molders and Foundry Workers Union of North America, herein called the Molders, appeared, 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.

Upon the entire record in the case, the Board makes the following:

FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Company, a New Jersey corporation, is licensed to do business in the State of Michigan; its general offices are located in Chicago,

Illinois. The Company is engaged in the business of processing brass castings which are sold primarily to United States railroad companies.

Such brass castings consist principally of car journal bearings and locomotive bearings and castings. The principal raw materials used by the Company in its manufacturing operations are scrap brass and other non-ferrous metals. The Company operates a plant in the city of Detroit, Michigan, which alone is here involved. During the 6 months' period ending September 30, 1942, the materials shipped to the Company's plant at Detroit, Michigan, were valued at approximately $325,000. Of this amount, materials in the approximate value of $65,000 were shipped to the Detroit plant from points outside the State of Michigan. During the same fiscal period gross sales made by the Detroit plant of the Company were approximately $475,000, of which approximately $95,000 represented sales to points outside the State of Michigan.

2. THE ORGANIZATIONS INVOLVED Local 351, International Union,...