Colonial Corp.

In the Matter of COLONIAL CORPORATION, EMPLOYER and UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, C. I. Oy PETITIONER Case No.1-RD223.Decided November 12, 1946 Messrs. Benjamin Levin and A. Morris Kobrick, both of Boston, Mass., for the Employer. Mr. James Marino,, of Boston, Mass., for the Petitioner. Mr. Warren H. Leland, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Boston, Massachusetts, on August 15, 1946, before Leo J. Halloran, hearing officer. The hearing officer'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 OF FACT I. THE BUSINESS OF THE EMPLOYER Colonial Corporation, a Massachusetts corporation maintaining its plant and offices in Roxbury, Massachusetts, is engaged in the manufac- ture of electrical candle sets. During the 3-month period commenc- ing May 1, 1946, the Employer purchased raw materials valued at approximately $15,000 from sources outside the Commonwealth of Massachusetts. During the same period, the Employer sold finished products valued in excess of $30,000 to customers located outside the Commonwealth of Massachusetts. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. 71 N. L. R. B., No. 98. 644 COLONIAL CORPORATION III. THE QUESTION CONCERNING REPRESENTATION 645 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 thb Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT In accordance with the agreement of the parties, we find that all production and maintenance employees of the Employer at its Rox- bury, Massachusetts, plant, excluding executives, office and clerical employees, salespeople, 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, consti- tute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES The Employer urges that an election would be inappropriate at the present time because it does not now have a full complement of em- ployees. The record reveals that on July 15, 1946, there were approxi- mately 55 employees in the alleged appropriate unit. On August 15, 1946, the day of the hearing, despite a work shortage lasting approxi- mately 2 weeks, the number of persons in the alleged appropriate unit had increased to 72. At the time of the hearing, the Employer was hiring and training employees at the rate of 15 a week, and it antici- pated that within 4 weeks this rate would be increased to about 25 a week, until it reached a maximum strength of 300 employees. Considering the present turn-over, the Employer estimates that it will reach its maximum strength some time between November 15, 1946, and January 15, 1947. And the Employer has stated that "it is by no means unlikely that the plant will have its force of 300 workers well in advance of November 15, the suggested date." It appears, therefore, that according to the Employer's own calculations the present number of employees in the unit should be in excess of 50 percent of the anticipated full complement of employees. Since the present complement is clearly a representative group, we are of the opinion that an election at the present time is appropriate.' I See Matter of The Firestone Tired Rubber Company, 69 N. L. R. B. 634 ; and Matter of Tuttle Silver Company, Inc , 66 N L. R. B. 238. 646 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We shall, however, entertain a new petition for an investigation and certification of representatives affecting the employees involved herein within less than a year, but not before the expiration of 6 months from the date of any certification we may issue in the instant proceeding upon proof, (1) that the number of employees in the ap- propriate unit is more than double the number eligible to vote in the election hereinafter directed; and (2) that the Petitioner represents a substantial number of employees in the expanded appropriate unit.2 DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Colonial Corporation, Roxbury, 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 Di- rector for the First Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations- Series 4, 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 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 or not they desire to be represented by United Electrical, Radio and Machine Workers of America, C. I. 0., for the purposes of collective bargaining. CHAIRMAN HERZOG took no part in the consideration of the above Decision and Direction of Election. 2 See Matter of Aluminum Company of America, 52 N. L. R. B 1040.