Otis Elevator Co.

In the Matter Of OTIS ELEVATOR , COMPANY and LOCAL 453, UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. O. Case No. R-5001.--Decided March 25, 1943 Jurisdiction : ordnance manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to recognize the union until certified by the Board ; request of organiza- tion that its name appear on the ballot in a certain form, granted ; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees, with specified exclusions ; stipulation as to. Mr. Fayette S. Dunn, of New York City, for the Company. Mr. Frank Scheiner, of New York City, and Mr. Loves Sarti,. of Yonkers, N. Y., for the Union. Mr. Harold Ware, of New York City, for the Pattern Makers. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Local 453, United Eelectrical, Radio & Machine Workers of America, C. I. 0., herein called the Union al- leging that a question affecting commerce had arisen concerning the representation of employees of Otis Elevator Company, Yonkers, New York, 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 12, 1943. The Company, tho Union, and Pattern Makers League of North America, herein called the Pattern Makers,,. appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues. At the close of the hearing , counsel for the Company moved to dismiss the petition . The Trial Examiner reserved ruling. The motion is hereby denied. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 1 The Pattern Makers appeared because it is a party to a contract with the Company. However, said contract does not cover any of the employees involved herein. 48 N. L. R. B., No. 64. 525 526 DECISIONS OF-NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY - Otis Elevator Company is a New Jersey corporation operating a plant at Yonkers, New York, where it is engaged in' the manufacture of war products. Seventy-five percent of all raw materials used at the Yonkers plant is shipped to it from points outside the State of New York and approximately 75- percent,of the finished products is shipped to points 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 Local 453, United Electrical, Radio & Machine Workers of America, is a labor organization affiliated with the Congress of Industrial Or- ganizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION During February 1943, the Union requested the Company to recog- nize it as the exclusive representative of the employees at the Yonkers plant of the Company. The Company refused this request until such time as the Union is certified. by the Board. - A statement of the Regional Director, introduced into evidence dur- ing the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found to be appropriate.? We And 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' at the Yonkers plant of the Company, excluding executives, administrative employees, office and clerical employees, time checkers, expeditors, chasers, shop clerks, su= perintendents, assistant superintendents, general foremen, foremen, assistant foremen, supervisors, engineering and drafting department employees, inspectors, chief inspectors, instructors, chemists, research- employees, laboratory employees, mechanical, civil, industrial,, and electrical engineers, time-study and standards department employees,- 2 The Regional Director reported that the Union 'presented 885 membership application cards bearing apparently genuine signatures of persons whose names appear on a pay roll of the Company. There are approximately 1,800 persons in the appropriate unit. - OTIS ELEVATOR ° COMPANY 527 safety department employees, personnel department employees, medi- cal department employees (including nurses and matrons), guards, watchmen, planning and production control employees , estimators, powerhouse engineers and other licensed personnel , processing engi- neers,- pattern makers, pattern makers ' apprentices , printing depart- ment employees, and seryice division employees , 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 means of an election by secret ballot among the employees 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. The Union requests that it appear on the ballot as "U. E .-C. I. 0., Local 453, United Electrical , Radio & Machine Workers of America, C. I. 0." The request,is hereby granted. 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 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 Otis Elevator Company, Yonkers, New York, 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 any such 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 have since quit or been discharged for cause. to determine whether or not they desire to be represented by U. E.- C. I. 0., Local 453, United Electrical , Radio & Machine Workers of America, C . I. 0., for the purposes of collective bargaining. 1