The Fellows Gear Shaper Co.

In the Matter of THE FELLOWS GEAR SIIAPER Co. and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (A. F. OF L.) Case No. R-,5039.-Decided April 8,1943 Jurisdiction : gear cutting machinery and equipment manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord petitioner recognition until certified by the Board; election necessary. Unit Appropriate for Collective Bargaining : employees engaged as electricians or electricians' helpers, with specified exclusions, found to constitute an ap- propriate unit notwithstanding company's contention that the appropriate unit should consist of the entire general maintenance department. Mr. 0. M. Shaw, of Boston, Mass., for the Company. Mr. William F. Steinmiller, of Hartford, Conn., for the IBEW. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION -OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Brotherhood of Electrical Workers (A. F. of L.), herein called the IBEW, alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of The Fellows Gear Shaper Co., Springfield, Vermont, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Thomas H. Ramsey, Trial Examiner. Said hearing was held at Springfield, Ver- mont, on March 19, 1943. The Company and the IBEW appeared," participated, and were afforded full opportunity to be heard, to ex- amine 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. The Company filed a brief which the Board has considered. 3 United Steelworkers of America (C I 0.) were notified of this proceeding but did not appear. 48 N. L. R. B., No. 124. 1032 THE FELLOWS GEAR SHAPER CO. 1033 Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE, COMPANY The Fellows Gear Shaper Co., a Vermont corporation, is engaged in the manufacture of gear cutting machinery and equipment. In 1942 it purchased raw materials consisting principally of steel and castings. During 1942, all of the steel, in an amount in excess of 3,500 tons, was shipped to the Company's plant from points outside the State .of Vermont. The castings were shipped to the Company's plant from points within the State of Vermont. Practically all of the finished products are shipped from the Company's plant to points outside the State of Vermont. The Company is engaged almost entirely in the production of critical war materials. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act' II. THE ORGANIZATION INVOLVED International Brotherhood of Electrical Workers is a labor organi- zation affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant exclusive bargaining rights to the IBEW until it has been certified by the Board. - Statements of the Regional Director and the Trial Examiner, intro- duced into evidence at the hearing, indicate that the IBEW represents a substantial number of employees in the unit hereinafter found appropriate.2 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 IBEW contends that all electricians and their helpers, exclud- ing foremen, subforemen and student apprentices, constitute an appro- priate unit. The Company, agreeing that foremen and subforemen and student apprentices should be excluded, contends that the appro- priate unit should consist of the entire general maintenance depart- 2 The Regional Director reported that the IBEW submitted 17 application cards, of which 16 contained apparently genuine original signatures Fifteen of the 16 signatures are the names of persons listed on the Company's pay roll of February 2, 1943, which contains 29 names in the appropriate unit. The Trial Examiner reported that the IBEW introduced 2 cards bearing apparently genuine signatures containing names appearing on the above- mentioned pay roll. 1034 DE,CIISIONS OF NATIONAL LABOR RELATIONS BOARD ment which includes electricians , carpenters, sheet metal- shop work- ers, millwrights, plumbers, blacksmiths and welders . It points out that the electricians are not only engaged in maintenance work, but also in construction and installation of electrical devices on finished prod- ucts. Furthermore, the electricians work under the same general f ore- man as other employees in the maintenance department . However, the employees sought by the IBEW are all engaged in electrical work, and are clearly identifiable ; furthermore, the record discloses no bar- gaining history on an industrial or semi-industrial basis. Accordingly , we find that all employees of the Company engaged as electricians or electricians' helpers, but excluding general foremen, subforemen and student apprentices, and all other employees of the Company, 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 oar Direction of Elec- tion, subject to the limitations and additions set forth therein. 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- tions 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 The Fellows Gear Shaper Co., Springfield, Vermont, 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 First 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 em- ployed 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 tempo- rarily 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 Interna- tional Brotherhood of Electrical Workers, affiliated with the American Federation of Labor, for the purposes of collective bargaining.