The Bridgeport Safety Emery Wheel Co., Inc.

In the Matter of THE BRIDGEPORT SAFETY EMERY WHEEL COMPANY, INC., EMPLOYER and INTERNATIONAL UNION, UNITED AUT011IoBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW-CIO, LOCAL 577, PETITIONER Case No. O-R-6547.Decided September 10, 1946 Pullman c6 Comley, by Messrs. Aram H. Te'llalian, Jr., and John S. Barton, of Bridgeport, Conn., for the Employer. Mr. Benjamin Rubenstein, of New York City, for the Petitioner. Mr. Elmer P. Freischlag, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon an amended petition duly filed, hearing in this case was held at Bridgeport, Connecticut, on June 26; 1946, before Richard J. Hickey, Trial Examiner. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS Or FACT 1. THE BUSINESS OF THE EMPLOYER The Bridgeport Safety Emery Wheel Company, Inc., a Connecticut corporation, with its principal office and plant located in Stratford, Connecticut, is engaged in the manufacture, sale and distribution of grinding machinery and abrasive wheels. During the period from June 1, 1945, to May 31, 1946, the Employer purchased raw materials valued in excess of $250,000, of which approximately 75 percent repre- sented shipments to it from points outside the State of Connecticut. During the same period, the Employer sold finished products amount- ing in value to over $500,000, about 75 percent of which was shipped to points outside the State. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. 70 N. L 11. B., No 112 - 1252 0 THE BRIDGEPORT SAFETY EMERY WHEEL COMPANY, INC. 1253 II. TIIE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. III. TIIE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive ,bargaining representative of employees of the Employer until the Petitioner 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 Employer, within the meaning of Section'9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, substantially in accordance with the agreement of the parties, that all production and maintenance employees, including shippers A, storekeepers, toolkeepers, pattern makers, kiln setters, mixers A and B, mixer helpers, electricians, shop maintenance men, pressmen, sweepers, and wheel testers, but excluding office clerical employees, production clerical employees, production control clerks, shippers AA, inspectors, expeditors, salesmen, apprentices (con- tracted), timekeepers, methods engineers, machine shop engineers and draftsmen, ceramic engineer, production control supervisor, wheel shop foremen, wheel shop superintendent, machine shop foremen, machine shop assistant superintendent, machine shop superintendent, working foremen, and all or any other 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. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with The Bridgeport Safety Emery Wheel Company, Inc., Stratford, 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 Second Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of National 'Labor Rela- i The parties agreed, and we find, that Air. Fall, who is listed as a shop maintenance man, is in fact a working foreman, and should be excluded from the unit 1254 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tions Board Rules and Regulations-Series 3, as amended, among the 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 ilcluding 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 elec- tion, to determine whether or not they desire to be represented by International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, UAW-CIO, Local 877, for the pur- poses of collective bargaining. MR. JAMES J. REYNOLDS, JR., took no part in the consideration of the above Decision and Direction of Election.