Cooley-Wright Manufacturing Co.

In the Matter Of COOLEY-WRIGHT- MANUFACTURING COMPANY and INTERNATIONAL MOLDERS & FOUNDRY WORKERS UNION OF NORTH AMERICA, A. F. OF L. Case No. 1-R-1609.Decided October 07, 1943 Finn & Monti, by Mr. John J. Finn, of Barre, Vt., for the Com- pany. Mr. James P. Powers, of Everett, 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 Molders & Foundry Workers Union of North America, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen con- cerning the representation of employees of Cooley-Wright Manu- facturing Company, Waterbury, Vermont, 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 Waterbury, Vermont, on October 8, 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 Cooley-Wright Manufacturing Company is a Vermont corporation operating a plant at Waterbury, Vermont, where it is engaged in the sale, distribution, and manufacture of gray iron castings. The Com- 53 N. L. R. B., No. 28. 141 559015-44-vol. 53-11 142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD pany uses raw materials valued at about $165,000, annually, approxi- mately 90 percent of which is shipped to it from points outside the State of Vermont. The Company manufactures products valued at about $466,000, annually, approximately 10 percent of which is shipped to points outside the State of Vermont. II. THE ORGAN]YZATION INVOLVED International Molders & Foundry Workers Union of North America is a labor' organization 'affiliated with the American Fed- eration of Labor, admitting to membership employees of the Company - III. THE QUESTION CONCERNING REPRESENTATION On or about September 10, 1943, the Union requested the Company to recognize it as the exclusive collective bargaining representative, of the Company's employees. The Company refused this request until such time as the Union is certified by the Board. A statement of the Regional Director,- introduced into evidence at the hearing, indicates that the Union represents a substantial num- ber 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. IV. THE APPROPRIATE UNIT We find, in substantial agreement with a stipulation of the parties, that all production and maintenance employees of the Company, excluding office and clerical employees 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 col- lective 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. I The Regional Director reported that the Union presented 48 authorization cards bearing apparently genuine signatures of persons whose names appear on the Company 's pay roll of September 22, 1943. There are 92 persons in the appropriate unit. COO'LEY-WRIGHT MANUFACTURING COMPANY 143 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 Dnu cTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Cooley-Wright Manufacturing Company, Waterbury, 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, Sections 10 and 11, of said Rules and Regu- lations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immedi- ately preceding the date of this Direction, including employees who did not work during such 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 and have not been rehired or reinstated prior to the date- of the election, to determine whether or not they desire to be represented by International Molders & Foundry Workers Union of North America, 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.