General Time Instruments Corp.

In the Matter of SETH TI-IOMA5 CLOCKS, DIVISION OF GENERAL TIME INSTRUMENTS CORPORATION and INTERNATIONAL UNION OF MINE, MILL & SMELTER WORKERS, C. I. O. - Case No. R-48,01.-Decided February 02, 1943 Jurisdiction : clock manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to recognize petitioner because of alleged existing contract ; contract held no bar when petitioner gave notice of its claim prior to automatic renewal date, and parties superseded automatic renewal by negotiating for amended contract; election necessary. Unit ;Appropriate for, Collective Bargaining : all., production and maintenance 1'employee's, excluding executives,'.foiemen;.:assistarit -foremen - on.., full-:time supervisory work, office and clerical personnel, time-study men, engineers, draftsmen, model makers, watchmen and guards. Breed, Abbott cQ Morgan, by Mr. Thomas G. Kerwin, for the Com- pany. Leider, Witt & Cammer, by Mr. Irving R. Pressman, of New York City, and Mr. J. C. Flaherty, of Waterbury, Conn., and Mr. Joseph M. Simpson, of Thomaston, Conn., for the Union. Mr. Joseph E. Gubbins, of counsel to the Board. - DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Union of Mine, Mill & Smelter Workers, affiliated with the C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of the Seth Thomas Clocks, Division of General Time Instruments Corporation, Thomaston, Connecticut, herein called the Company,l the National Labor Relations Board provided for an appropriate hearing upon due notice before John J. Luneo, Trial Examiner.2 Said hearing was held at New York City, The name of the Company was erroneously designated as "General Time Instrument Corp, Seth Thomas Clock DiN ision" in the petition and some of the formal papers, all of which were corrected by amendment at the hearing. 9 International Jewelry Workers Union, A. F. of L, was served with notice, but did not appear at hearing. 47 N. L. R. B., No. 106. - 859 860 DEIOiSIIOT''S OF NATIONAL LABOR RELATIONS BOARD on January 29, 1943. The Company and the Union appeared, par. ticipated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to' introduce evidence bearing upon the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. The Company -filed a brief which'the Board has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Seth Thomas Clocks Division is a Division of General Time In- struments, a Delaware corporation having its principal office and place of business at Thomaston, Connecticut, where it is engaged in the manufacture, sale, and distribution of clocks, timing instruments and related products. The principal raw materials used are aluminum, .brass, steel, and lumber. During the past 6.nionths, which is a repre- sentative period in the Company's business, it purchased raw materials valued at approximately $82,000, of which 60 percent was shipped to it from places outside the State of Connecticut. During the same period the Company manufactured finished products valued at ap- proximately $1,071,000, of which amount approximately 90 percent was shipped to places outside the State of Connecticut. The Com- pany concedes that it is engaged in commerce within _the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED International Union of- Mine,, Mill & Smelter Workers, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING -REPRESENTATION On November 27, 1942, the Union mailed a letter to the Company, which was received on November 30, 1942, and in which the Union re- quested a bargaining conference. On December 1, 1942, the Company replied by letter stating that there was an existing contract between the Company and the International Jewelry Workers Union, Local 116, affiliated with the A. F. of L., herein called the A. F. of L 3 On December 4, 1942, the Ccmpany and the A. F. of L. held a conference, at which time the subject of a closed-shop contract was discussed. The record discloses that the Company refused to enter into such an agreement and all negotiations between the 'parties came to an end. 'The contract was executed by the parties on December 29, 1941, to be in effect until January 1, 1943, and from year to year thereafter unless either party gave 30 days' notice before expiration of any particular contract year. SETH THOMAS, CLOCKS 861, On January 21, 1943, the office of the' Second Region of the Board was advised by the A. F. of L:- that it would- not be represented at the hearing and that it would not seek a place on the ballot in the event an-election was ordered by the Board. The A. F. of L. also stated that its contract with the Company had expired on January 1, 1943. The Company contends that its contract with the A. F. of L. was automatically renewed when neither party thereto gave the other written notice of a desire to terminate 30 days prior to January 1, 1943, and that the contract constitutes a bar to a present, determination of representatives. Hoi.'ever, as indicated above, the Union on No- vember 30, 1942, requested recognition by the Company. Under these circumstances, the contract does not constitute a bar' to an investigation and certification of representatives. A statement by the Regional Director, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found to be 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 We' find, in accordance with a stipulation of the* parties,' that' all production and maintenance employees, including set-up -men and piece workers, but excluding executives, foremen, assistant foremen on full time supervisory work, office and clerical personnel, time-study men, engineers, draftsmen, model makers, watchmen and guards, con- stitute a unit appropriate for the purpose of collective bargaining within the meaning of Section 9 (b), of the Act.5' 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 Elec- tion herein, subject to the limitations and additions set forth in the Direction. , DIRECTION QF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- ' The Union submitted 300 authorization cards, of which 293 bore apparently genuine signatures , 262 of which were the names of persons listed on the Company's pay roll of December 26, 1942, which pay roll included 628 names of employees within the appropriate unit. The cards were dated as follows : 70 dated in October ; 171 dated in November ; 19 dated in December ; and 40 undated. 6 This is substantially the same unit as that covered by the contract e 862. DECISIONS OF NATIONAL.,LABOR RELATIONS BOARD tions 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 represent- atives for the purposes of collective bargaining with Seth Thomas Clocks, Division of General Time Instruments Corporation, Thomas- ton, Connecticut, 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 III, Sec- tion .10, ;of, said Rules; and Regulations,, among the employees 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 employees who did not work during such 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 em- ployees who have since quit or been discharged for cause, to deter- mine whether or not they desire to be represented by International Union;of,;Mine,-Mill & Smelter- Workers; affiliated with the C. I. 0., for the`=purp©ses'of collecta,ve },a -gaining.