Underwood Corp.

In the Matter Of UNDERWOOD CORPORATION and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA , C. I. O. , Case No. 1-R-2858.Decided April 30, 191£ Shipman and Goodwin, by Mr. Wal frill G. Lundborg, of Hartford, Conn., for the Company. Mr. Robert F. Mintz, of Hartford, Conn., for the Union. Mr. Lewis D. Holcombe , of East Hartland, Conn., for the Asso- ciation. Mr. Harry W. Clayton, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Electrical, Radio & Machine Workers of America, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Underwood Corporation, New Hartford, Connecti- cut, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert E. Greene, Trial Examiner. The hearing was held at Hartford, Con- necticut, on March 18 and 21, 1946. The Company, the Union, and Greenwoods Employees' Association, Inc.,' herein called the Associa- tion, appeared and participated. All parties were afforded full op- portunity 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 an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS or FACT 1. THE BUSINESS OF THE COMPANY Underwood Corporation is a Delaware corporation engaged in the manufacture, sale, and distribution of typewriters, typewriter I The International Association of Machinists and the Metal Polishers , Buffers, Platers & Helpers International Union, which represent employees at the Company 's Hartford plant, were served With Notice of Hearing but did not appear. 67 N. L. R. B., No. 125. 1017 1018 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ribbons, carbon paper, calculating machines, and bookkeeping ma- chines. It operates plants at Hartford, Bridgeport, and New Hart- ford, Connecticut, and Burlington, New Jersey. In addition, the Company has sales distribution and service facilities in the principal States of the United States and in most foreign countries. Raw ma- terials used by the Company consist principally of various metals totalling in excess of several million dollars annually, of which more than 50 percent is received from outside the State of Connecticut. The finished products of the Company are in excess of several million dollars annually, of which more than 50 percent is shipped to points outside the State of Connecticut. This proceeding involves the New Hartford plant, only, which is known as Department 10 and some- times as the Greenwoods plant and which processes parts originating at the Hartford plant and eventually returning to that plant. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Electrical, Radio & Machine Workers of America is a labor organization, affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. The Greenwoods Employees' Association, Inc., is an unaffiliated labor organization, admitting to membership employees of the Com- pany 2 III. THE QUESTION CONCERNING REPRESENTATION On or about November 29, 1945, the Union requested the Company to recognize it as a collective bargaining agent for the employees in- volved at the New Hartford plant. On or about December 6, 1945, the Company refused to grant recognition until the Union has been certified by the Board in an appropriate unit. 2 During the hearing, it developed , in the testimony , that the Greenwoods Employees' Association , Inc , represented some of the employees of the New Hartford plant for some purposes but had not been served with Notice of Hearing The Trial Examiner com- municated with the President of the Association who then appeared at the hearing and was permitted to intervene The Association is a Connecticut corporation \%ithout capital stock chartered for the purpose , among other things, "To promote the welfare of the em- ployees of the Underwood-Elliott Fisher Company, New Hartford , Connecticut , to establish and further an orderly and beneficial relationship between the employees and members of this corporation and the said Underwood-Elliott Fisher Company, including the negotia- tion and settlement of such matters that may arise from time to time between the em- ployees and management of said Underwood -Elliott Fisher Company . . . carry on and conduct any other matters or activities for the general benefit and welfare of the members of this corporation " The Association has bargained with the Company regarding working conditions , grievances , and rest periods However, despite the language of the charter, the Association's president stated that it had never bargained as to wages and hours and that it was his understanding that such functions were not included in the power granted by the charter . He stated that the Association would consider applying for an amendment of its charter to include such authority The Association meets once a month. We hold that the Association is a labor organization within the meaning of Section 2 (5) of the Act. UNDERWOOD CORPORATION 1019 A statement of a Board Field Examiner, supplemented by a state- ment of the Trial Examiner at the hearing, indicates that the Union and the Association each represents a substantial number of employees in the unit hereinafter found appropriate.3 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 The parties agreed that all production employees at the New Hart- ford plant, including shipping and receiving employees and factory clerical employees and all maintenance employees and inspectors who are permanently assigned to the New Hartford plant, should be in- cluded in the appropriate unit, and that watchmen, office clerical em- ployees, supervisors within the Board's usual definition, and main- tenance employees and inspectors on loan from the Hartford plant, should be excluded. The Union would include set-up men; the Com- pany and the Association would exclude them as supervisors. Set-up men: The Company considers these employees, of whom there are 11, as assistant foremen. They are responsible for keeping themselves informed as to what jobs are to be set up, for getting proper tools and setting up machines, and for instructing the ma- chine operators. These employees also assign machine operators, substitute for foremen, have authority to make effective recommenda- tions regarding rate of pay and disciplinary action. We find that the set-up men are supervisors and shall, accordingly, exclude them from the appropriate Unit .4 We find that all production and maintenance employees at the New Hartford plant, including shipping, receiving, and factory clerical employees and inspectors, but excluding watchmen, office clerical em- ployees, set-up men, employees on loan from the Hartford plant, 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. 8 The Field Examiner reported that the Union submitted 129 cards , bearing the names of 116 employees fisted on the Company's pay roll, The Trial Examiner made a spot check of 10 names from the Association' s dues record books which contained the names of 106 employees whom the Association claims to be within the appropriate unit. The Trial Examiner found all 10 of the names checked on the Company's pay roll. There are approximately 125 employees within the unit alleged to be appropriate. 4 Compare Matter of Royal Typewriter Company, Inc , 55 N. L R. B. 402 , in which the Board found set-up men to be non -supervisory employees. 1020 DECISIONS OF NATIONAL LABOR RELATIONS BOARD V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among employees 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 represent- atives for the purposes of collective bargaining with Underwood Cor- poration, New Hartford, Connecticut, 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 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, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding those employees 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 the United Electrical, Radio & Machine Workers of America, C. I. 0., or by the Greenwoods Employees' Association, Inc., for the purposes of collec- tive bargaining, or by neither.