Standard Gage Co., Inc.

In the Matter Of STANDARD GAGE CO., INC. and UNITED ELECTRICAL, RADIO &,1'IAC1-IINE WORKERS OF AMERICA, C 1 O. Case No. 2-1?-5507.-Decided June 5, 1945 Breed, Abbot & Morgan, by Mr. F X. Ward , of New York City, and Mr. Nils Holve, of Poughkeepsie , N. Y., for the Company. David Scribner, by Mr. Frederick R. Livingston, of Nev York City, Mr. Willard Bliss, of Syracuse; N. Y., and Mr Walter Wo ff ard, of Pough- keepsie, N . Y., for the Union:' r3Ir 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 affect- ing commerce had arisen concerning the representation of employees of Standard Gage Co., 'Inc., Poughkeepsie, New York, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Richard J. Hickey, Trial Examiner. Said hearing was held at Poughkeepsie, New York, on May 15, 1945. The Com- pany and the Union appeared, participated, and were afforded full opportu- nity 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 Standard Gage Co., Inc., is a New York corporation operating a plant at Poughkeepsie, New York, where it is engaged in the manufacture of 62 N.L. R B, No 19, 134 STANDARD GAGE CO., INC. 135 percision gages and instruments. During the 12-month period ending April 30, 1945, the Company purchased raw materials valued in excess of $50,000, about 50 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 $50,000, approximately 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. II. THE ORGANIZATION INVOLVED United, Electrical, Radio & Machine Workers of America is a labor or- ganization affiliated with the Congress of Industrial Organizations, admit- ting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as exclusive collective bar- gaining representatives of its employees until such time as the Union is certified by the Board. A statement of a Field Examiner 4 the Board, introduced into evidence at the hearing, indicates that the Union represents a substantial 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 Seciion 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in agreement with the parties, that all production and main- tenance employees of the Company at its 70 Parker Avenue, Poughkeepsie, New York, plant, including watchmen, but excluding clerical employees and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effec- tively 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 em- ployees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction or Election herein, subject to the limitations and additions set forth in the Direction. The Company employs 6 to 10 part-time employees who work an average of 8 to 10 hours per week. The parties request that they be deemed ineligible i The statement shows that the Union presented 151 membership cards There are approximately 215 employees in the appropriate unit 136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to vote in the election. Inasmuch as the part -tine employees work but 8 to 10 hours per week, we conclude that - they do not have a siifficient . interest in the selection of a bargaining representative to entitle them to vote in the election. 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 representatives for the purposes of collective bargaining with Standard Gage Co., Inc., Poughkeepsie, 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 Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period imme- diately 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 Electrical, Radio & Machine Workers of America, C. I. 0., for the purpose of collective bargaining.