The Rudolph Wurlitzer Co.

In the Matter of THE RUDOLPH WURLITZER COMPANY and UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, C. I. O. Case No. R-5631. Decided July 20, 1943 , Mr. Morris C. Bristol, of Chicago, Ill., for the Company: Mr. Emanuel J. Fried, of Buffalo, N. Y., for the Union. Mr. Willian C. Baisinger, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Electrical, Radio and Machine" Workers of America, C. I. 0., herein, called the Union, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of The Rudolph Wurlitzer Company, North Tona- wanda, New York, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due no- -tice before Peter J. Crotty, Trial Examiner. Said hearing was held at Buffalo, New York, on July 2, 1943. The Company and the Union appeared, participated, and 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 opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT II. THE BUSINESS OF THE COMPANY The Rudolph Wurlitzer Company, an Ohio corporation is engaged at its plant located at North Tonawanda, New York, in the manufac- ture of airplane parts, tools, music boxes, and various kindred prod- ucts. From January 1, 1943, to June 30, 1943, the Company used raw materials valued in excess of $2,000,000, approximately 85 percent of which represents shipments made to the Company from points outside 51 N. L. R. B., No. 99. 536 THE RUDOLPH WURLITZER COMPANY , 537 the State of New York. During the same period, the Company'manu- factured finished products valued in excess of $4,000,000, approxi- mately 95 percent of which represents shipments made by the Com- pany to points outside the State of New York. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Electrical, Radio and Machine Workers of America is a labor organization affiliated with the Congress of Industrial Organi- zations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The parties stipulated that the Company refuses to recognize the Union as the exclusive bargaining representative of its employees in an alleged appropriate bargaining unit unless and until the Union is duly certified by the Board. A statement by a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a sub- stantial number of employees in the unit hereinafter found to be appropriate." 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 We find, in accordance with the stipulation of the parties, that all production and maintenance employees employed by the Company, at its North Tonawanda, New York, plant, including inspectors, stock chasers, tool room employees, stockroom employees, and nurses, but excluding executives and all other supervisory employees with author- ity to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, office and clerical workers, production clerks, timekeepers, watchmen and guards, engineering department employees, model shop employees, and canteen employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. e 1 The report of the Field Examiner states that the Union submitted 327 application -for- membership cards bearing apparently genuine signatures of persons whose names appear on the Company's pay roll of June 9, 1943, which pay roll contains the names of 780 per- sons within the alleged appropriate unit. 538 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 the em- ployees in the appropriate,unit who were employed during the pay- roll period immediately preceding the date of our Direction of Elec- tion, 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 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with The Rudolph Wurlitzer Company, North Tonawanda, 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 this Direction of Election, under the direction and supervision of the Regional Director for the Third Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, 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 any who have since quit or been discharged for cause, 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.