Whitin Machine Works

In the Matter Of \\WHITIN MACHINE WORKS and UNITED STEELWORKERS OF AMERICA, C. I. 0 Case No. 1-R-2442.-Decided June 27, 1945 Vaughan, Esty, Clark, & Crotty, by Mr George H Mason, of Wor- cester, Mass , for the Company Grant & Angoff, by Mr Harold Roitrnan , of Boston, Mass., for the U. S.A Mr. Harold Reardon, of Boston , Mass., for the 1. A N1. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF Ti-IE CASF Upon petition duly filed by United Steelworkers of America , C. I. 0., herein called the U. S A., alleging that a question affecting con mmerce had arisen concerning the representation of employees of Whitin Machine Works, Whitinsville, Massachusetts , herein called the Company, the Na- tional Labor Relations Board provided for an appropriate hearing upon due notice before Robert E. Greene , Trial Examiner Said hearing was held at \Vhitinsville , Massachusetts , on May 18, 1945 A t the commencement of the hearing, the Trial Examiner, granted a motion of International Associ- ation of Machinists , A. F. of L., herein called the I . A. M., to intervene. The Company , the U. S. A., and the I. A. M. 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 Exam- iner'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 Whitin Machine Works is a Massachusetts corporation operating a plant at Whitinsville, Massachusetts, where it is. engaged in the manufacture of 62 N. L. R. B., No. 119. 946 \'VHITIN MACHINE WORKS 947 textile machinery and iepair parts therefor The Company annually pur- chases raw materials valued in excess of $100.000, about 90 percent of which is shipped to it from points outside the Commonwealth of Massa- -chusetts. The Company annually sells products valued in excess of $150,000, over 90 percent of which is shipped to points outside the Commonwealth of Massachusetts The Company admits that it is engaged in commerce within the meaning Of the National Labor Relations Act II. THE ORGANIZATIONS INVOLVED United Steelworkers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership em- ployees of the Company. International Association of Machinists is a labor"organization affiliated with the American Federation of Labor, admitting to membership employ- ees of the Company. III THE QUESTION CONCERNING REPRESENTATION On or about April 18, 1945, the U. S A requested the Company to rec- ognize it as the exclusive collective bargaining representative of the employ- ees involved herein. The Company refused this request until such time as the U. S. A. is certified by the Board. A statement of the Regional Director, introduced into evidence at the hearing, indicates that the U S. A 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 Sec- non 9 (c) and Section 2 (6) and (7) of the Act IV T[IE APPROPRIATE, UNIT The U. S. A. urges that all employees of the Company at its Whitins- eille. Massachusetts, plant, excluding executives, office and clerical employ- ees, guards, pattern makers, foundry employees, time clerks, expeditors, rate setters, draftsmen, employees in experimental departments 464-A, -164-C, and 464-F, first-aid room employees, farm help, employees at the Blue Eagle Inn. and supervisory employees, constitute an appropriate bar- gaining unit The Company and the I A. Al. are in general agreement with the scope of the unit However, there seems to be some dispute with respect to employees classified as supervisors, cafeteria employees, and set-up men or riggers. I The Rcgwv.tl Duettt.t tcpotitd that the U S A pt - ttt^d 1,094 muntetshtp apphcatton C.11 (IS Ihetc ate apptoxnn.ttel} 3,000 €tttplo}cec in the apptopt tie unit The I A Dt Submitted Si nnm- betchip application-catds to the Ti ai Examiner 948 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Company employs persons classified by it as supervisors. The record indicates that these employees do not perform any production work, disci- pline their subordinates, and have the authority to recommend effectively the discharge of the latter. We shall exclude them from the unit. The Company employs 20 to 25 cafeteria employees. The cafeteria em- ployees are carried on the plant pay roll but work in a cafeteria maintained by the Company across the street from its plant. The cafeteria employees work different schedules of hours than the production employees. We shall exclude the cafeteria employees from the unit since it is obvious that their status and function are essentially different from the status and function of production and maintenance employees. The set-up men or riggers set up the production machines, run off a few trial pieces, and then turn the machines over to operators. It appears that although the set-tip men supervise the quality and quantity of production, they do not have supervisory duties which would bring them within the Board's definition of a supervisor. Accordingly, we shall include them in the unit. We find that all employees of the Company at its Whitinsville, Massa- chusetts, plant, including set-tip men or riggers, but excluding office and clerical employees, cafeteria employees, guards, pattern makers, foundry employees, time clerks, expeditors, rate setters, draftsmen, employees in experimental departments 464-A, 464-C, and 464-F, first-aid room employ- ees, farm help, employees at the Blue Eagle Inn, executives, foremen, super- visors, and any other supervisory employees with authority to hire, pro- mote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitue a unit appropri- ate 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 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 representatives for the purposes of collective bargaining with Whiten Machine Works, WHITIN MACHINE WORKS 949 Whitinsville, Massachusetts, 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 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 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 they desire to be represented by United Steelworkers of America, C. I. 0., or by International Association of Machinists, A. F. of L., for the purposes of collective bargaining, or by neither. CHAIRMAN MILLIS took no part in the consideration of the above Deci- sion and Direction of Election.