J. D. Schmieg And F. A. Schmieg Individually And As Co-partners, Doing Business As Schmieg Industries1 And Sheet Metal Workers International Ass'n, Local Union No. 292, A. F. L., 1474 (1945)

In the Matter of J. D. SCHMIEG AND F. A. SCHMIEG INDIVIDUALLY AND AS CO-PARTNERS, DOING BUSINESS AS SCHMIEG INDUSTRIES1 and SHEET METAL WORKERS INTERNATIONAL ASS'N, LOCAL UNION No. 292,

1. F. L.

In the Matter of PETERS-DALTON, INC. and SHEET METAL WORKERS INTERNATIONAL ASS'N, LOCAL UNION No. 292, A. F. L.

Cases Nos. 7-R-1985 and 7-R-1986, respectively,-Decided July 27, 1945 Mr. David Karasick, for the Board.

Mr. N. J. Biddle, of Detroit, Mich., for the Companies.

Mr. George S. Fitzgerald, of Detroit, Mich., for the AFL.

Mr. Nicholas J. Rothe, of Detroit, Mich., for the CIO.

Mr. Jack Mantel, of counsel to the Board.

DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon separate petitions duly filed by Sheet Metal Workers International Ass'n, Local Union No. 292, A. F. L., herein called the AFL, alleging that a question affecting commerce had arisen concerning the representation of employees of J. D. Schmieg and F. A. Schmieg, Individually and as Co-Partners, doing business as Schmieg Industries, herein called Schmieg, and Peters-Dalton, Inc., herein called Peters, both of Detroit,

Michigan, and collectively referred to as the Companies, the National Labor Relations Board provided for an appropriate hearing upon due notice before Sidney L. Feiler, Trial Examiner. Said hearing was held at Detroit,

Michigan, on May 17 and 18, 1945. The Companies, the AFL, and United Steelworkers of America, Local No. 1511, CIO, herein called the CIO, 1 At the hearing, the pleadings were amended to conform to the corrected name of this company as set forth above.

1474 1475 appeared and aprticipated. All parties 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 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 COMPANIES J. D. Schmieg and F. A. Schmieg, Individually and as Co-Partners, doing business as Schmieg Industries, maintain their sole office and plant at Detroit, Michigan, where they are engaged in the design, manufacture, and installation of dust collecting and fume elimination equipment, and in general industrial sheet metal work. The principal raw materials used in the manufacturing operations are steel sheets, plates, structurals, and related mechanical assemblies and accessories. During the year 1944,

Schmieg purchased materials and equipment valued at $335,000, of which $85,000 represented shipments of materials and equipment to the Detroit plant from points outside the State of Michigan. During the same period, the sales of this company amounted to $1,090,000, of which $310,000 reprepresented sales in which shipments were made from the plant to points outside the State.

Peters-Dalton, Inc., a Michigan corporation, maintains its sole office and plant at Detroit, Michigan, where it is engaged in the fabrication and installation of industrial equipment,including dust collectors, ovens, and industrial ventilating systems. The principal raw material used in its operations is steel. During the year 1944, Peters purchased materials and equipment valued at $551,530, of which $396,000 represented shipments of materials and equipment to its Detroit plant from points outside the State of Michigan. During the same period, the sales of this company amounted to $1,264,370, of which $894,000 represented sales in which shipments were from the plant to points outside the State.

Each of the Companies admits that it is engaged in commerce within the meaning of the National Labor Relations Act.

2. THE ORGANIZATIONS INVOLVED Sheet Metal Workers International Ass'n, Local Union No. 292, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company.

   United Steelworkers of America, Local No. 1511, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company.

3. THE QUESTIONS CONCERNING REPRESENTATION On'February 26, 1945, the AFL addressed similar letters to each of the Companies claiming to represent a majority of the employees at their respective plants and requested exclusive bargaining rights. The Companies did not reply to these letters, and the AFL, on March 5, 1945, filed its petitions herein.

   The Companies and the CIO operated under individual collective bargaining contracts from May 1937 to May 1940. From June 1940 to June 1943, the CIO negotiated each year with a group of from six to nine firms designated in the resultant blanket contracts as 'Sheet Metal Companies.' Schmieg and Peters, or their predecessors, were parties to these blanket contracts. In May 1943, 1 month before the expiration of the last agreement, the CIO wrote to each of the 'Sheet Metal Companies' requesting negotiations for a new contract.

   In December 1942, an organization known as the Associated Metal Fabricators and Engineers, herein called the Association, was formed.

   admitting to membership any firm engaged inindustrial sheet metal work.

   Some of the purposes of the...