Wico Electric Co.

In the Matter of Wlco ELECTRIC COMPANY and INTERNATIONAL ASSOCIATION OF MACHINISTS (A. F. OF L.) Case No. R-5166.-Decided April 29, 19.4.3 Mallory & Gilbert, by Mr. R. DeWitt Mallary, of Springfield, Mass., for the Company. Mr. J. H. Curran, of Springfield, Mass., 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 Machinists (A. F. of L.), herein called the Union, alleging that a question affect- ing commerce had arisen concerning the representation of employees of'Wico Electric Company, West Springfield, Massachusetts, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert E. Greene, Trial Examiner. Said hearing was held at Springfield, Massachusetts, on April 13, 1943. At the commencement of the hearing, the Trial Examiner denied a motion of,Wico Employees Conference Associa- tion, herein called the Independent, to intervene. That ruling is hereby affirmed.' The Company and the Union appeared and par- ticipated in the hearing and were afforded full opportunity to be heard, to examine and 'cross-examine witnesses , and to introduce evi- dence bearing on the issues.2 The-Trial Examiner's rulings made, at the hearing are free from prejudicial error and are hereby affirmed. On April 20, 1943, the Company filed a brief which the Board has considered. 'On March 4, 1943, the Board ordered the Company , among other things, to cease and desist from dominating and interfering with the administration of the Independent and to withdraw and withhold from the Independent all. recognition as representative of its employees and completely disestablish the Independent as such representative . Matter of Wico Electric Company and International Association of Machinists (A. F. of L.), 47 N. L R. B. 1297 ' 2 Although United Electrical , Radio & Machine Workers of America, C . I. 0, was served with notice of hearing, it did not appear. 49 N. L. R. B., No. 35. 285 286 DEOISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY • Wico Electric Company is a Massachusetts corporation with its principal place of business at Nest Springfield, Massachusetts, where it is engaged in the manufacture, sale, and distribution of magnetos, electric ignition equipment, and electrical and mechanical specialties of all, kinds. During its fiscal year ending June 30, 1942, the Com- pany purchased raw materials valued -in excess of $1,200,000, approxi- mately 90 percent of which' was shipped to it from points outside the State of Massachusetts. During the same period the Company sold finished products valued in excess of $2,500,000, approximately 90 percent of which was shipped to points outside the State of Massa- chusetts. H. THE ORGANIZATION INVOLVED International Association of Machinists is a labor organization affiliated with the American Federation of Laboi, admitting to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION During March 1943, the Union requested the Company to recognize it as the exclusive bargaining representative of its employees. The Company refused this request until such time as the Union "became the legally constituted bargaining agency for the employees." 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 National Labor Relations Act. - I ' IV. THE APPROPRIATE UNIT The Union contends that all production and maintenance employees of the Company,, excluding. executives, foremen, assistant foremen, other supervisory employees, engineers, draftsmen, and clerical and plant protection employees, constitute an appropriate unit. The Com- pany stated at the hearing that it had no objection to the unit requested by the Union. I 8 The Regional Director reported that the Union presented 289 authorization cards bearing apparently genuine signatures of persons whose names appear on the Company's pay roll of April 1 , 1943. There are approximately 519 employees in the appropriate unit. WICO ELECTRIC COMPANY 287 We find that all production and maintenance employees of the Company, excluding executives, foremen, assistant foremen, other supervisory employees, engineers, draftsmen, and clerical and plant protection 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 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 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 Wico Electric Company; West Springfield, Massachusetts, an election by secret bal- lot shall be conducted as early as possible, but-not later than thirty ,(30) days from the date of thi's 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 sub- ject 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 International Association of Machinists, A. F. of L., for the purposes of collective bargaining.