Charles Parker Co.

In the Matter Of CHARLES PARKER COMPANY and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. O. Case No. 1-R-2912.-Decided February 2, 1945 Mr. J. S. Whiteside, Jr., of New Haven, Conn., for the Company. Mr. Joseph Gaiazza, of New Haven, Conn., and Mr. Joseph Gruber, of Bridgeport, Conn., for the Union. Mr. Louis Cokin, of counsel'to the Board. DECISION AND DIRECTION OF ELECTION a STATEMENT OF THE CASE Upon petition duly filed by'United Electrical, Radio & Machine Workers of America, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Charles Parker Company, Meriden, Connecticut, here- in called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Leo J. Halloran, Trial Examiner. Said hearing was held at Meriden, Connecticut, on January 11, 1945. The Company and the Union, 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. 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 1. THE BUSINESS OF THE COMPANY Charles Parker Company is a Connecticut corporation with its prin- cipal place of business at Meriden, Connecticut, where it is.,engaged in the manufacture of machine tools, light fixtures, urns, and vises. The Company purchases raw materials valued in excess of $400,000 60 N. L. R. B., No. 69. 338 CHARLES PARKER COMPANY 339 annually, about 52 percent of which is shipped to it from points outside the State of Connecticut. During the same period, the Com- pany sells products valued in excess of $1,500,000, approximately 63 percent of which is shipped to points outside the State of Connecticut. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. 11. THE ORGANIZATION INVOLVED United Electrical, Radio & Machine Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUES1ION CONCERNING REPRESENTATION On November 28, 1944, the Union requested the Company to recog- nize it as exclusive bargaining representative of the Company's em- ployees. The Company refused this request 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 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 agreement with the parties, that all production and maintenance, employees of the Company, including shipping and receiving employees and set-up men, but excluding clerical employees, engineering department employees, watchmen, guards, foremen, sub- foremen, working foremen, and any other 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 1 The, Field Examiner reported that the Union presented 225 authorization cards There are ap aroximately 455 employees in the appropriate unit. 340 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Charles Parker Company, Meriden, 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, Sections 10 and 11, 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 and have not been rehired or reinstated prior to the date of the elec- tion, to determine whether or not they desire to be represented by United Electrical, Radio & Machine Workers of America, C. I. 0., for the purposes of collective bargaining.