The Safety Car Heating and Lighting Co, Inc.

-In the Matter of THE SAFETY CAR HEATING AND LIGHTING COMPANY, INC. and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. O. Case No. 1-R- 237. Decided February 9, 1945 Spencer, Hotchkiss, Parker d;• Duryee, by Mr. Andre Maximov, of .New York City, for the Company. -Mr. Samuel Gruber, of Bridgeport, Conn., and Mr. Vincent J. .Romeo, of New Haven, Conn., 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 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 The Safety Car Heating and Lighting Company, Inc., Hamden, Connecticut, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Samuel G. Zack, Trial Examiner. Said hearing was held at New Haven, Connecticut, on January 26, 1945. 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 The Safety Car Heating and Lighting Company, Inc., operates a -plant at Hamden, Connecticut, where it is engaged in the manufacture of electrical equipment. During 1944 the Company purchased raw 60 N. L. R. B, No. 98 514 THE SAFETY CAR HEATING AND LIGHTING COMPANY, INC. 515 materials valued at about $1,800,000, approximately 60 percent of which was shipped to it from points outside the State of Connecticut. During the same period the Company sold products valued at about $4,250,000, over 95 percent of which was 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. H. 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 QUESTION CONCERNING REPRESENTATION On December 8, 1944, the Union requested the Company to recognize it as 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 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: T " 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 a stipulation of the parties, that all production and maintenance employees of the Company, iriclud- ing shipping and receiving employees, but excluding office and clerical employees, nurses, matrons, engineering department em' ployees, pattern makers, guards, foundry workers, 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 'The Field Examiner reported that the Union presented 200 application cards. There are approximately 410 employees in the appropriate unit. 516 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 the' Safety Car Heating and Lighting Company, Inc., Hamden, Connecticut, an elec- tion 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 direc- tion 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 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 election, to determine whether or not they desire to be represented by United Elec- trical, Radio & Machine Workers of America, C. I. 0., for the purposes of collective bargaining.