Heilig Brothers Co., Inc.

III the Matter Of HEILIG BROTHERS Co., INC., and INTERNATIONAL ASSOCIATION OF MACHINISTS, LOCAL 1769, A. F. OF L. Case No. 4-R-1668.-Decided April 00, 1945 Mr. John F. Dumont, of Little Falls, N. J., for the Company. Mr. Stanley N. Lentz, of Philadelphia, Pa., and Mr. R. Richard Ebersole, of York, Pa., 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 Association of Machinists, Local 1769, A. F. of L., herein called the Union, alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of Heilig Brothers Co., Inc., York, Pennsylvania, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Eugene M. Purver, Trial Examiner. Said hearing was held at York, Pennsylvania, on March 27, 1945. The Company and the Union appeared at and par- ticipated in the hearing.' All parties 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 Heilig Brothers Co., Inc., is a Delaware corporation operating a plant at York, Pennsylvania, where it is engaged in the manufacture of wire screens. The Company uses raw materials annually valued in 1 Although United Steelworkers of America, C I 0, was served with Notice of Hearing, it did not appear 61 N. L. R. B., No. 103. 664 HEILIG BROTHERS CO., INC. 665 excess of $1,000,000, about 75 per cent of which is shipped to it from points outside the Commonwealth of Pennsylvania. The Company annually manufactures products valued in excess of $1,000,000, over 80 percent of which is shipped to points outside the Commonwealth of Pennsylvania. The Company admits, for the purpose of this proceeding, that it is engaged in commerce within the meaning of the National Labor Rela- tions Act. II. THE ORGANIZATION INVOLVED International Association of Machinists, Local 1769, is a labor or- ganization affiliated with the American Federation of Labor, admit- ting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive collec- tive bargaining representative of its employees until such time as the Union is certified by the Board. A statement of a Field Examiner of the Board, introduced into evi- dence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found to be appropriate.2 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 accordance 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 au- thority 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 bar- gaining, within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by means of an election by secret ballot. The Company urges that the pay roll of March 24, 1945, be used to determine eligibility to vote. Inasmuch as no persuasive reason ap- pears for departing from our usual practice, we shall direct that those eligible to vote shall be the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the 2 The Field Examiner reported that the Union submitted 60 authorization cards There are approximately 132 employees in the appropriate unit. 666 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Rela- tions 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 Heilig Brothers Co., Inc., York, Pennsylvania, an election by secret ballot shall be con- ducted 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 Fourth 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 em- ployees 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 the said pay-roll period because they were ill or on vacation or tempo- rarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but ex- cluding 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 Interna- tional Association of Machinists, Local 1769, A. F. of L., for the pur- poses of collective bargaining.