Lightwell Appliance Corp.

In the Matter of LIGHTWELL APPLIANCE CORP., EMPLOYER and DISTRICT 50, UNITED MINE WORKERS OF AMERICA, PETITIONER In the Matter of LIGHTWELL APPLIANCE CORP., EMPLOYER and UNITED WIRE AND METAL WORKERS UNION, LOCAL 36, AFFILIATED WITH PLAYTHINGS, JEWELRY AND NOVELTY WORKERS INTERNATIONAL UNION, CIO, PETITIONER Cases Nos. 2-8,6380 and 2-RD516, respectively.Decided November 15, 194.6 Mr. George P. Daatvucn, of Brooklyn, N. Y., for the Employer. Mr. Samuel B. Harris, of Newark, N. J., for District 50. Mr. Joseph Gullotta, of New York City, for Local 36. Mr. Jerome J. Dick, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon petitions duly filed, a consolidated hearing in this case was held at New York City, on June 27, 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 OF FACT I. THE BUSINESS OF THE EMPLOYER Lightwell Appliance Corp., a New York corporation with its principal office and plant in Brooklyn, New York, is engaged in the manufacture, sale and distribution of lamps and lighting fix- tures. During the period from December 1945 to June 19416, the Employer purchased raw materials valued at approximately $100,000, 30 percent of which was shipped from points outside the State of New York. During the same period, the Employer manufactured finished products valued at $200,000, approximately 60 percent of which was shipped to points outside the State of New York. 71 N. L. R. 13., No. 116. 709 710 DECISIONS Or NATIONAL LABOR RELATIONS BOARD The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED District 50, United Mine Workers of America, herein called Dis- trict 50, is a labor organization affiliated with the American Federa- tion of Labor, claiming to repTesent employees of the Employer. United Wire and Metal Workers Union, Local 36, herein called Local 36, is a labor organization affiliated with Playthings, Jewelry and Novelty Workers International Union, in turn affiliated with the Congress of Industrial Organizations, claiming to represent em- ployees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize either District 50 or Local 36 as the exclusive bargaining representative of employees of the Em- ployer until one of these organizations 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, in accordance with the agreement of the parties, that all production and maintenance employees of the Employer's Brooklyn, New York, plant, including but not limited to junior assemblers, welders, packers, general helpers, maintenance men, part-time helpers, leadmen,i and shipping clerks, but excluding clerical employees, material men (expediters), foremen, and all other supervisory em- ployees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constiute a unit appropriate for the pur- poses 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 Lightwell Appliance Corp., Brooklyn, New York, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of 'It is clear from the record that leadmen are not supervisory employees within the meaning of the Board's customary definition. LIGHTWELL APPLIANCE CORP. 711 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 Relations Board Rules and Regulations- Series 3, as amended, among the employees in the unit found appro- priate 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 em- ployees in the armed forces of the United States who present them- selves 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 District 50, United Mine Workers of America, or by United Wire and Metal Workers Union, Local 36, affiliated with Playthings, Jewelry and Novelty Workers International Union, CIO, for the purposes of collective bargaining, or by neither. MR. JAMES J. REYNOLDS, JR., took no part in the consideration of the above Decision and Direction of Election.