Swift Lubricator Co.

i In the Matter of CHARLES T. BURKE AND JAMES F. BURKE DOING BUSINESS UNDER THE NAME AND STYLE OF SWIFT LUBRICATOR COMPANY. and INTERNATIONAL ASSOCIATION OF MACHINISTS, A. F. OF L. Case No. R-5184.-Decided April 29,'1943, Mr. James L. Burke, of Elmira, N. Y., for the Company. Mr. Claude W. Fairfield, of Elmira, N. Y., 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 International Association of Machin- ists, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of ' Charles T. Burke and James F. Burke, doing business under the name and style of Swift Lubricator Company, Elmira, New York, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Francis V. Cole, Trial Examiner. Said hearing was held at Elmira, New York, • on April "14, 1943. The Company and the Union ap- peared, participated,, and were afforded 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. Upon the entire record -in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Swift Lubricator Company is a copartnership composed of Charles T. Burke and James F. Burke. The Company is engaged in' the manufacture, of metal frame, parts, for, airplanes at; Elmira, New York. During the first 3 months. of 1943, the Company purchased raw materials valued at about $25,000, approximately 10 percent-of 49 N. L. R. B., No. 34. 282 SWIFT LUBRICATOR COMPANY 283 which was shipped to.it from points outside the State of New York.- During the same period the Company sold finished products valued at about $25,000, approximately 10 percent of which was shipped to points outside the State of New York. The Company admits for the purpose of this proceeding, that` it'is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED International Association of Machinists is a labor organization affiliated with the 'American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On March 15, 1943, the Union requested the Company' for exclu- sive recognition. The Company denied the request. A statement of a Field Examiner of the Board, introduced into evidence at-the hearing, indicates that the Union represents a sub- stantial 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 We find, in accordance with a stipulation of the parties, that all production and maintenance employees at the Elmira, New York, plant of the Company, excluding office, clerical, supervisory, and plant-protection employees, assistant foremen, and draftsmen,, consti- tute 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 find that the question concerning representation which has arisen can best be resolved by means of an election by secret ballot. The Union urges that the pay roll immediately preceding March 16, 1943, the date of its petition herein, be used to determine eligibility to vote. Inasmuch as no persuasive reasons appear as to why we should depart from our usual practice, we, shall direct that the em ployees eligible to vote shall be those within the appropriate unit ' The Field Examiner reported that the Uriion presented 49 membership application cards .bearing apparently genuine signatures of persons whose names appear on the Com- pany's pay roll of March 12, 1943. Thane are approximately 128 persons in the appropri- ate unit. 284 DECISIONS OF NATIONAL LABOR RELATQONS BOARD 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. 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 Re- lations 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 Charles T. Burke and James F. Burke doing business under the name and style of Swift Lubricator Company, Elmira, 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 ,Third Region, act- ing 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 have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Association of Machinists, A. F. of L., for the purposes of collective bargaining.