Veeder-Root Inc.

In the Matter Of VEEDER-ROOT INCORPORATED and INTERNATIONAL ASSOCIATION OF MACHINISTS (AFL) Case No. R-5089.-Decided April 30, 19.43 Messrs. Frank Stone and Lucius F. Robinson, of Hartford , Conn., for the Company. Mr. Harold Strauch, of Hartford, Conn., for the I. A. M. Mr. Wallace E. Royster, of counsel to the Board. DECISION, AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Association of Machinists (AFL), herein called the I. A. M., alleging that a question affecting commerce had arisen concerning the representation of employees of Veeder-Root Incorporated, Hartford, Connecticut, herein called the Company, the National Labor Relations Board provided for an ap- propriate hearing upon due notice before Thomas H. Ramsey, Trial Examiner. Said hearing was held at Hartford, Connecticut, on March 29, 1943. The Company and the I. A. M. appeared, partici- pated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. Although-'duly 'served with notice, United Automobile, Air- craft & Agricultural Implement Workers of America (CIO), herein, called the CIO, did not appear at the hearing. At the hearing the, Company moved to dismiss the petition on the ground that the I. A. M. is seeking an inappropriate unit and that tool and die makers and machinists at the Bristol plant of the Company should be included in the. unit. The Trial Examiner reserved ruling, on the motion. The motion is hereby denied. At the hearing the I. A. M. moved•to amend its petition so as to include a larger number ofemployees,at the Hart- ford plant in the unit. This motion is granted in part and denied in part as set forth in Section IV, infra. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Both the Company and the I. A. M.- have filed briefs which the Board has considered. 49 N L. R B, No. 43. 355 531647-43-vol. 49-24 356' DECISIONS 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 Veeder-Root Incorporated is a Connecticut corporation with plants in Bristol and Hartford, Connecticut. This proceeding concerns the employees in the Hartford plant. The Company is engaged in the manufacture and sale of counting and computing devices, hinges, die castings, and- die stampings. The principal raw materials used by the Company are zinc, tin, brass, steel, and plastics. The value of such materials used annually at the Company's plants exceeded $50,000, of which approximately 90 percent in value' is received at the plants from points outside Connecticut. The annual production of the Com- pany has a value in excess of $2,500,000, of which approximately 90 percent is shipped from the Company's plants, to points outside Connecticut. We find that the Company is engaged in commerce within the mean- ing of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED International Association of Machinists is a labor organization, affili- ated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The parties stipulated at the hearing that on February 9, 1943, the I. A. M. requested -recognition of the Company as the exclusive bar- gaining representative of the Company's employees in Department 45 at the Hartford' plant. On February 12, 1943, the Company refused such recognition on the ground that the I. A. M. was seeking to repre- sent an inappropriate unit. The statement of the Regional Director, introduced into evidence, indicates that the I. A. M. represents a substantial number of employees of the Company in the. unit hereinafter found 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. 1 The Regional Director stated that the I. A. M submitted 40 authorization cards, 38 of which bore apparently genuine, original signatures. One card was undated and the re, mainder were dated in February 1943. Thirty-seven cards bore the names of persons whose names appear on the Company's payroll of March 6, 1943. There are approximately 68 employees in the appropriate unit. VEEDER-ROOT INCORPORATED 357 IV. THE APPROPRIATE UNIT The Company employs 1,267 workers at Hartford and 235 at Bristol. Both plants are under the same management and supervision. There is some interchange of personnel. and employees in both enjoy seniority rights based on length of employment with the Company- without regard to the plant in which they may,be employed. The Bristol employees are represented by the C. I.0. under a contract which expires May 31, 1943. The C. I. 0. has not attempted to extend its activities to the Hartford plant and it has evinced no interest in this proceeding. No labor organization other than the I. A. Al. seeks to represent employees at the Hartford plant. In its petition the I. A. M. requested a trait consisting of the tool makers, model makers, die makers, machinists, machinist helpers, apprentices, and all other employees of the Company working in De- partment 45 at the Hartford' plant, excluding executives of the Com- pany, supervisors, technicians, and clerks. This unit would -include semi-skilled and unskilled employees working in the department 2 The employees in Department 45 produce substantially all the tools and dies used by the Company and in addition repair and manufacture parts for Company machines. Nearly all have the skills of machinists or tool and die makers. At the hearing the I. A. M. moved to amend its petition so as to in- clude in the unit, "all of the employees in Departments 45 and 96 of the Hartford,plant, as well as all of the tool makers, model makers, tool and die makers, machinists, machinist helpers, and apprentices in the remainder of the Hartford plant."' This motion was made in view of testimony which developed the following facts. The model makers whom the I. A. M. seeks to represent are employed in Department 96, which is separate from butadjacent to Department 45. There are 6 or 8 employees in Department 96. All are engaged in producing special counters and in manufacturing models of new products or production machines and all have the skills of tool makers. It is occasionally necessary for them to process a portion of their work in Department 45 and to make use of the tool crib located there. In addition, a witness for the Company testified that perhaps 50 employees, who have the same skills as tool makers, model makers, or machinists, are employed in the Hartford plant, outside the two named departments. While the Com- pany agrees that most of this latter group are engaged chiefly on pro- duction work, still it insists that they are trained machinists or tool makers and on occasion perform work identical to that done by the employees so designated. 2 Specifically tool inspectors ,- tool grinders, stock cutters, and crib tenders. 358 DECISION'S OF NATIONAL LABOR RELATION'S BOARD The Company opposes any unit not embracing all production and maintenance employees at the Hartford plant.' The Company further , contends that a departmental unit at the Hartford plant, if appropriate, logically should extend to include similar employees at the Bristol plant. We reject these contentions. We shall not require those em- ployees at the Hartford plant, who have expressed a desire for repre- sentation and- who may constitute an appropriate unit to forego the benefits of collective bargaining until such indefinite future date as will find a majority of all the employees organized. The employees at the Bristol plant are already represented by a labor organization and are not here seeking other representation. It is evident that the unit requested in the original petition is func- tionally coherent and embraces a homogeneous group. Moreover we are of the opinion that the workers employed in Departments 45 and 96 at the Hartford plant may constitute an appropriate unit. These em- ployees have for the most part comparable skills; the departments in which they work are adjacent; and it appears that the I. A. M. has con- fined its organizational efforts'to this group. The Company asserts, and we agree, that the extension of the unit beyond `the confines of Departments 45 and 96 would lead- to disputes and confusion. The definitions given by the I. A. M. to identify those employees working outside Departments 45 and 96 in the various categories sought in the amended petition, are not capable of practical application under the circumstances existing at the Hartford plant. The record indicates, for example, that a set-up man, whose duties one week would exclude him. from the unit, in a subsequent week might be performing the work of a machinist and thereby be eligible for inclusion in the proposed unit. The determination of what percentage of his time is spent using. the higher skill, would lead to new avenues of confusion. We hereby deny., the motion of the;I. A. M. to amend its petition 'insofar as it applies to employees at the Hartford plant outside Departments 45 and 96. In consideration of all the circumstances in the case, we find that the employees of the Company working in Departments 45 and 96 at the Hartford plant, excluding executives of the Company, supervisory employees, foremen, technical employees, and clerks, constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES F 'We shall direct that the question concerning representation which has arisen be resolved by 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. k VEEDER-ROOT INCORPORATED - 359 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 DIREc'rx that, as part of the investigation to ascertain representatives for the purposes of collective bargaining with Veeder. Root Incor- porated; Hartford, Connecticut, 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 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 Machin- ists, affiliated with the American Federation of Labor, for the purposes of collective bargaining. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election. i