Biltmore Pipe Corp.

In `the Matter of BILTDIORE PIPE CORPORATION , EMPLOYER and PLAY- THINGS, JEWELRY & NOVELTY WORKERS INTERNATIONAL UNION, CIO, PETITIONER Case No. 2-R-7763.-Decided January 8, 19418 Nemeroff, Jelline, Danzig & Paley, by Mr. Joseph Rosenberg, of New York City, and Air. Herbert Gall, of Brooklyn, N. Y., for the Employer. Mr. Jack Waldman, of New York City, for the Petitioner. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at New York City, on July 25, 1947, before Bertram Diamond, hearing officer. The hearing officer's rulings made at the hearing are free from preju- dicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following: FINDINGS or FACT I. THE BUSINESS OF THE EMPLOYER Biltmore Pipe Corporation is a New York corporation engaged in the manufacture of smoking pipes at a plant in Brooklyn, New York. During the year preceding the hearing, the Employer purchased for use in its manufacturing operations raw materials valued at more than $25,000, of which approximately 50 percent was shipped to its plant from points outside the State of New York. During the same period, the Employer manufactured pipes valued at more than $100,- 000, of which approximately 25 percent was shipped to points outside the State. We find that the Employer is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. 75 N L R. B., No. 90. 760 BILTMORE PIPE CORPORATION III. THE QUESTION CONCERNING REPRESENTATION 761 The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that, a question affecting commerce exists concerning the representation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. Iv. TIIE APPROPRIATE UNIT We find, substantially in accordance with an agreement of the parties, that all production and maintenance employees of the Employer, ex- .eluding clerical office employees, foremen, and guards and super- visors as defined in the amended Act, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with Biltmore Pipe Corporation, Brook- lyn, 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 Second Region, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, 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, but excluding those employees who have since quit or been discharged for cause and have not been rehired or rein- stated prior to the date of the election, to determine whether or not they desire to be represented by Playthings, Jewelry & Novelty Work- ers International Union, CIO, for the purposes of collective bargaining. MEMBER HOUSTON took no part in the consideration of the above Decision and Direction of Election.