United States Instrument Corp.

In the Matter Of UNITED STATES INSTRUMENT CORPORATION and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA , LOCAL 407 Case No. R-4949.-Decided March 13, 1943 Jurisdiction : telephones manufacturing industry. Investigation and Certification of Representatives : existence of question : re- fusal to recognize union until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : all hourly paid employees excluding office and supervisory employees , guards, laboratory employees, and working- foremen. Rathbone, Perry,.Kelley de Drye, by Mr. T. R. Iserman and Mr.. Donald Hastings, of New York City, for the Company. Mr. Samuel L. Rothbard, of Newark, N. J., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Electrical, Radio & Machine Workers of America, Local 407, herein called the Union, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of United States Instrument Corporation, East Orange, New Jersey, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Daniel Baker, Trial Examiner. Said hearing was held at New York City on March 1, 1943. The Company and the Union appeared,.' participated, and were afforded full opportunity to be heard, to exam- ine and cross-examine witnesses, , and to introduce evidence bearing on the issues. During the course of the hearing the Union moved to amend its petition. The Trial Examiner reserved rulings. , The mo- tions are hereby granted. 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 . 48 N. L. R. B., No. 9. 40 UNITED STATES INSTRUMENT CORPORATION FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY 41 United States Instrument Corporation is- a New Jersey corporation with its principal place of business at East Orange, New Jersey, where it is engaged in the manufacture of sound powered telephones. During 1942 the Company purchased raw materials valued in excess of $200,000, 50 percent of which was shipped to it from points outside the State of New Jersey. During the same period, the Company manu- factured products valued in excess of $500,000, 90 percent of which was shipped to points outside the State of New Jersey. II. THE ORGANIZATION INVOLVED United Electrical, Radio & Machine Workers of America, Local 407, is a labor organization affiliated with the Congress of Industrial Or- ganizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as exclusive represent- ative of its 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 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 urges'that all hourly paid employees of the Company, excluding office and supervisory employees, guards, laboratory em- ployees, and the working foreman,-' constitute an appropriate unit. The Company stated that it had no objection to this unit. We find that all hourly paid employees of the Company, excluding office and supervisory employees, guards, laboratory employees, and the working foreman, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of .Section 9 (b) of the Act. 1 The Regional Director reported that the Union presented 64 membership application cards bearing apparently genuine signatures of persons whose names appear on the Com- pany 's pay roll of February 6, 1943. There are approximately 101 employees - in the . appro- priate unit. 42 DECISIONS OF NATIONAL - LABOR' RELATIONS BOARD V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by means of an election by secret ballot among the employees in the appropriate unit who were employed during the pay-roll period" immediately preceding, they date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. " 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 Rela- 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 representa- tives for the purposes of collective bargaining with United States In- strument Corporation, East Orange, New Jersey, 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, Section 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 said 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 any who hive since quit or been discharged for cause, to determine whether or not they desire to be represented by United Electrical, Radio & Machine Workers of America, Local 407, affili- ated with the Congress of Industrial Organizations, for the purposes of collective bargaining. t