Lumen Bearing Co.

Q In the Matter of LUMEN BEARING COMPANY and DISTRICT 76, INTERNATIONAL ASSOCIATION OF MACHINISTS Case No. R-5803.-Decided August f1, 1943 Messrs. Walter J. Mahoney and Noah V. Young, of Buffalo, N. Y., for the ,Company. Messrs. R. D. Newell and Nelson Duerr, of Buffalo, 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 District 76, International Association of Machinists, herein called the Union, alleging that a question affect- ing commerce had arisen concerning the representation of employees of Lumen Bearing Company, Buffalo, 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 Buffalo, New York, on August 3, 1943. The Company and the Union appeared, 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. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case,' the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Lumen Bearing Company. is a New York corporation with its principal place of business at Buffalo, New York, where it is engaged ' Subsequent to the hearing the parties entered into a stipulation reciting that certain plant-protection employees are members of the auxiliary military police and should there- fore be excluded from the unit The stipulation is hereby made a part of the record 52 N. L. R. B., No. 11. 52 LUMEN BEARING COMPANY 53r in the manufacture of bronze and brass castings. During the, first 6 months of 1943 the Company used raw materials valued at about $350,000, approximately 40 percent of which was shipped to it from, points outside the State of New York. During the same period the Company manufactured finished products valued at about $837,000, approximately 80 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. II. THE ORGANIZATION INVOLVED District 76, International Association of Machinists, is a labor organization , admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive collective bargaining representative of its employees until such time' as the Union is certified by the Board. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a substan- tial number of employees in the unit hereinafter found to be 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 Union and the Company agree that all production and main- tenance employees of the company, including timekeepers, shop, clerks, shipping clerks, and pattern clerks, but excluding supervisory,. office and clerical employees, engineering and cost department employees, office porters, and company chauffeurs, constitute all appropriate unit. The Company employs seven plant-protection employees. They are armed and sworn auxiliaries of the United States Military Police.. In accordance with our usual practice we shall exclude them from the- unit. We find that all production and maintenance employees of the- Company, including timekeepers, shop clerks, shipping clerks, and' pattern clerks, but excluding office, clerical, and plant-protections employees, engineering and cost department employees, office porters,. 2 The Field Examiner reported that the Union presented 79 membership application cards bearing apparently genuine signatures of persons whose names appear on the Company's pay roll of July 4, 1943. There are approximately 147 employees in the appropriate unit.. 54 DECTSJONS OF NATIONAL LABOR RELATIONS BOARD- company chauffeurs, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, 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. 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 Lumen Bearing Company, Buffalo, 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, 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 District 76, International Association of Machinists, for the purposes of collective bargaining. CHAIRMAN MiLLIs took no part in the consideration of the above Decision and Direction of Election.