Ray Day Piston Corporation And International Union, United Automobile Workers Of America, Affiliated With The Congress Of Industrial Organizations, 334 (1941)

In the Matter of RAY DAY PISTON CORPORATION and INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-2456.-Decided April 25, 1941 Jurisdiction: aluminum piston and castings manufacturing industry.

Investigation and Certification of Representatives: existence of question: refusal to accord union recognition; election necessary.

Unit Appropriate for Collective Bargaining: all hourly and piece work production employees, molders, core makers, and machinists, excluding office and clerical help, foremen, assistant foremen, supervisory officials, and watchmen;

stipulation as to.

Mr. Albert E. Meder, of Detroit, Mich., for the Company.

Mr. Maurice Sugar and Mr. Jack N. Tucker, by Mr. Jack N. Tucker, of Detroit, Mich., for the Union.

Mr. A. G. Koplow, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On March 13, 1941, International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, herein called the Union, filed with the Regional Director for the Seventh Region (Detroit, Michigan) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Ray Day Piston Corporation, Detroit, Michigan,1 herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act.

On March 25, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice.

1 The location of the Company was not stated in the record but was given in the petition as Detroit, Michigan.

334 335 On March 31, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to notice, a hearing was held on April 4, 1941, at Detroit, Michigan, before Earl R. Cross, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the Union were represented by counsel and participated in the hearing.

Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. During the course of the hearing the Trial Examiner ruled that Board's Exhibit 7, a statement of a Board representative concerning union affiliation cards submitted to him for examination, should be allowed in evidence over the objection of the Company.

The Board has reviewed this ruling of the Trial Examiner. The ruling is hereby affirmed.

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

FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Ray Day Piston Corporation is a Delaware...