The Guold Mersereau Co., Inc.

In the Matter of THE GouLD MERSEREAU CO., INC. and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENIj WORI3;ERS OF AMERICA , C. I. O. Case No. 2-R-5320.Decided April 17, 1945 Mr. Jacob Fogelson, of New York City, for the Company. Droisen cQ Marcus, by Mr. Julius Droisen, of New York City, for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Union, United Auto- mobile, Aircraft & Agricultural Implement 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 Gould Mersereau Co., Inc., Long Island City, New York, herein called the Company, the National Labor Relations Board provided for an appropriate' hearing upon due notice before John J. Cuneo, Trial Examiner. Said hearing was held at New York City, on Mai ch 19, 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 Gould Mersereau Co., Inc., is a New York corporation operat- ing a plant at Long Island City, New York, where it is engaged in the manufacture of metal parts for ordnance materials. During the 61 N. L R. B, No. SR. 601 602 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 12-month period ending March 7, 1945, the Company purchased raw materials valued in excess of $100,000, approximately 75 percent of which was shipped to it from points outside the State of New York. During the same period the Company manufactured products valued in excess of $500,000, about 75 percent of which was shipped to points outside the State of New York. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED International Union, United Automobile, Aircraft Agricultural Implement Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. M. THE QUESTION CONCERNING REPRESENTATION On January 16,1945, the Union requested the Company to recognize it as the exclusive collective bargaining representative of the Com- pany's employees. The Company refused this request. 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 a stipulation of the parties, that all production and maintenance employees of the Company, excluding salesmen, office 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 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 i The Field Examiner reported that the Union presented 47 authorization cards. There are approximately 106 employees in the appropriate unit. THE GOULD MERSEREAU CO., INC. 603 Election herein, subject to the limitations and additions set forth in the Direction. The Union requests that it appear on the ballot as "U.A.W.-C.I.O." The request is hereby granted. 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 Re- lations 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 Gould Mer- sereau Co., Inc., Long Island City, 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, 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 Reg- ulations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period im- mediately 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 havt not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by U. A. W.-C. I. 0., for the purposes of collective bargaining. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election.