Jaeger Watch Co., Inc.

RIn the Matter of JAEGER WATCH COMPANY, INC. and INTERNATIONAL JEWELRY WORKERS UNION, A. F. OF L. Case No. R-4418.=Decided November 16, 191,.2 Jurisdiction : clock and aircraft instrument manufacturing industry. 'Investigation and Certification of Representatives : existence of question: re- fusal to recognize union as bargaining agent until certified by Board; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees, including tool makers, technicians, and factory clerical help, but excluding executives, supervisors, foremen, office employees, guards, sub foremen, factory clerical help on the office pay roll, and chief inspectors. Mr., Thomas A. McGrath, of New York City, for the Company. Mr. Nathaniel H. Janes and Mr. Erwin Spiegel, of New York City, for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition and amended petition' duly filed by International Jewelry Workers Union, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Jaeger Watch Company, Inc., New York City, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before John J. Cuneo, Trial Examiner. Said hearing was held at New York City, on October 16, 1942. The Company and the Union appeared, participated, and were affored 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. 45 N. L. R. B., No. 92. 616 JAEGER WATCH COMPANY, INC. 617 Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Jaeger Watch Company, Inc., is a New York corporation with its principal place of business at New York City, where it is engaged in the manufacture of automobile clocks and aircraft instruments. Dur- ing the 6-month period preceding October 16, 1942, the Company purchased raw material valued in excess of $10,000; 90 percent of which was shipped to it from outside the State of New York. During the same period the Company manufactured finished products valued in excess of $10,000, 99 percent of which was shipped outside the State of _New York. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED International Jewelry Workers Union is a labor organization affili - ated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive repre- sentative of the Company's employees until such time as the Union is 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 hereinafter found to be appropriate.,, 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 The Union contends that all production and maintenance employees, of the Company, including subforemen, but excluding executives, su- pervisors, foremen, office employee's, and guards, constitute an appro- priate unit. The only controversy with respect to the unit concerns subforemen, .factory clerical help; technicians, tool makers, and chief I The Regional Director reported that the Union presented 193 membership application cards bearing apparently genuine signatures of persons whose names appear on the Com- pany's ' pay roll of September 1, 1942. There are approximately 258 employees in the appropriate unit. 618 DECISIONS OF -NATIONAL LABOR RELATIONS BOARD 'inspectors. The Union would include all such employees in the unit, and the Company would exclude them. Sub foremen: Although such ' employees spend a great deal of their time performing manual duties, many have the authority to recom- mend the hire and discharge of employees, and some have the absolute authority to hire and discharge. We shall exclude the subforemen from the unit. Factory clerical help. Many of the departments throughout the Company's plant have persons working in them designated as clerical employees . Such employees are subject to the orders of the foremen in the respective departments , and they handle materials on occasion. We shall include such employees in the unit . However, there are sev- eral clerical employees working throughout the plant who are on the office pay roll and subject to the supervision of the office supervisor. The plant foremen have no authority over such employees. We shall exclude this type of employee from the unit: Technicians and tool makers. The Company contends that such em- ployees should be excluded from the unit on the ground that they are highly skilled and have to serve several years' apprenticeship. Such employees are eligible to membership in the Union , and no other labor organization is claiming to represent them-. Under the circumstances, we shall include tool makers and technicians in the unit. Chief inspectors. The Company employs 25 persons` classified by it as chief inspectors , 18 of whom are also classified as subforemen. The chief inspectors inspect finished products and, if,work is repeatedly faulty, have the authority to request the discharge of the employees at fault. We shall exclude the chief inspectors from the unit. We find that all production and maintenance employees of the Company, including tool makers , technicians, and factory clerical help, but excluding executives, supervisors, foremen, office employees, guards, subforemen, factory clerical help on the office pay roll, and chief inspectors, 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 the Direction. JAEGER WATCH COMPANY, INC. 619 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 Rela-, Lions Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa-, tives for the purposes of collective bargaining with' Jaeger Watch Company, Inc., New York City, 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 Second Region, acting in this matter as agent for the National Labor Relations, Board, and subject to Article II, Section 10, of said Rules and Regulations, among the em- ployees 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 any such employees who did not work during said pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or tem-_ porarily laid off, but excluding any' who have since quit or been dis- charged for cause, to determine whether or not they desire to be represented by International Jewelry Workers Union, affiliated. with the American Federation of Labor, for the purposes of collective bargaining: