General Armature & Manufacturing Co.

III the Matter of GENERAL ARMATURE S', MANUFACTURING COISIPANY and DISTRICT 50, UNITED MINE WORKERS OF AMERICA Case No. 6-R-1341.-Decided July 2 , 1946 Messrs. Frank R. S. Kaplan and Maurice J. Mahoney, both of Pitts- burgh, Pa., for the Company. Messrs. Bryan E. Renick and James C. Keller, both of Lock Haven, Pa., for UMW. Mr. Leo Turner, of Pittsburgh , Pa., for the C. I. O. Mr. Seymour M. Alpert , of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by District 50, United Mine Workers of America, herein called the UMW, alleging that a question affecting commerce had arisen concerning the representation of emplbyees of General Armature & Manufacturing Company, Mill Hall,. Pennsyl- vania, herein called the Company,' the National Labor Relations Board provided for an appropriate hearing upon due notice before W. G. Stuart Sherman, Trial Examiner. The hearing was held at Lock Haven, Pennsylvania, on May 23, 1946. The Company. the UMW, and United Electrical, Radio and Machine Workers of Amer- ica-C. I. 0., herein called the C. I. 0., appeared and participated. 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 an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : 3 The name of the Company appears as amended at the hearing. 69 N. L. R. B., No. 93. 768 GENERAL ARMATURE & MANUFACTURING COMPANY 769 FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY General Armature & Manufacturing Company, a Pennsylvania cor- poration having its principal offices located in Mill Hall, Pennsyl- vania, operates two manufacturing plants, one at Mill Hall, and the other at Lock Haven, Pennsylvania, approximately 3 miles distant. Both are operated as an integrated enterprise, and are engaged in the manufacture, sale, and distribution of several types of electrical equip- ment, including generators, armatures, and coils. During the 1945 calendar year, the Company purchased raw materials valued in ex- cess of $500,000, of which approximately 90 percent represented ship- ments from sources outside the Commonwealth of Pennsylvania. Dur- ing the same period, the Company's finished products were valued in excess of $1,000,000, approximately 95 percent of which repre- sented shipments to points outside the Commonwealth. The Company admits, and we find, that it is engaged in commerce within .the meaning of the National Labor Relations Act. 11. THE ORGANIZATIONS INVOLVED District 50, United Mine Workers of America is a labor organiza- tion admitting to membership employees of the Company. United Electrical. Radio and Machine Workers of America affili- ated with the Congress of Industrial Organizations, is a labor organi- zation admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the UMW as the exclusive bargaining representative of any of its employees until the UMW has been certified by the Board in an appropriate unit. 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.2 IV. THE APPROPRIATE UNIT We find, in accordance with the stipulation of the parties, that all production and maintenance employees of the Compai;y, inclarling ' At the hearing, the Company contended in effect that an inconclusive election held in the alleged appropriate unit less than a year before the date of the hearing constitutes a bar to this proceeding . We do not agree . It appears that the UMW not only represents a substantial number of employees in the unit hereinafter found appropriate , but also has obtained all but two of its employee designations since the prior election. 701592-47-vol. 69-50 770 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the employees listed in Appendix A, attached hereto, but excluding 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, con- stitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Acts V. TIIE 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 Rela- tions 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 General Armature & Manufacturing Company, Mill Hall, Pennsylvania, 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 Sixth 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 Regula- tions, 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 3 At the bearing the Company stated that it contemplates ceasing operations at its Lock Haven plant, and is in the process of transferring its Lock Haven employees to its Mill Hall plant. At the time of the hearing only about 40 employees remained at the Lock Haven plant and the date of completion of this change-over had not been fixed. In the event such change -over has since taken place, or shall have taken place before any cer- tification issues in this matter, the unit description therein shall cover all production and maintenance employees at the Mill Hall plant ; otherwise it shall refer to such employees in both plants. GENERAL ARMATURE & MANUFACTURING COMPANY 771 District 50, United Mine Workers of America, or by United Electrical, Radio and Machine Workers of America-C. I. 0., for the purposes of collective bargaining , or by neither. CHAIRMAN HERZOG took no part in the consideration of the above Decision and Direction of Election. APPENDIX A Winders (Armature and Field Coil) Machine Shop Personnel Armature Finishers Shipping and Receiving Labor Inspection Maintenance Personnel Carpenters Electricians Machinists Laborers Salvage Operators Stock Room Hands Assembly Hands Watchmen Connectors