Howe Scale Co.

In the Matter of HOWE SCALE COMPANY and GREEN MOUNTAIN LODGE No. 1590, INTERNATIONAL ASSOCIATION OF MACHINISTS In the Matter of HOWE SCALE COMPANY and INTERNATIONAL MOLDERS & FOUNDRY WORKERS UNION OF N. A., LOCAL 179, AFFILIATED WITH THE A. F. OF L. Cases Nos. R-.438 and R-5439 respectively.Decided July 22, 1943 . Mr. J. Russell Rogerson, of Jamestown, N. Y., and Mr. Albert Lyons, of Rutland, Vt., for the Company. Mr. William H. Bradt, of Albany, N. Y., for the I. A. M. Mr. Herbert W. Clements, of Springfield, Mass., for the Molders. Miss Viola James, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petitions duly filed by Green Mountain Lodge No. 1590, In- ternational Association of Machinists, herein called the I. A. M., and International M?lders & Foundry Workers Union of N. A., Local 179, affiliated with the American Federation of Labor, herein called the Molders, alleging that questions affecting commerce had arisen concerning the representation of employees of Howe Scale Company, Rutland, Vermont, herein called the Company, the National Labor Relations Board provided for an appropriate consolidated hearing upon due notice before Thomas H. Ramsey, Trial Examiner. Said hearing was held at Rutland, Vermont, on May 27, 1943. The Com- pany, the I. A. M., and the Molders 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 are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. 51 N. L. R. B., No. 109. 647 648 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following: FINDINGS of FACT 1. THE BUSINESS OF THE COMPANY Howe Scale Company, a Vermont corporation with its principal place of business at Rutland, Vermont, is engaged in the manufacture, sale and distribution of scales, weight-o-graphs, and industrial trucks. Raw materials used consist principally of pig iron, brass, steel, and lumber, and have an aggregate annual value of approximately $745,- 000, approximately 82 percent of which is received from points out- side the State of Vermont. The Company's finished products have an annual value of about $3,175,000, more than 90 percent of which is shipped to points outside the State of Vermont. We find that the Company is engaged in *commerce within the meaning of the National Labor Relations Act. U. THE ORGANIZATIONS INVOLVED Green Mountain Lodge No. 1590, International Association of Ma- chinists, and International Molders & Foundry Workers Union of N. A.,,Local 179, affiliated with the American Federation of Labor, are labor organizations each admitting to membership employees of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION In August 1942 the I. A. M. and the Molders each requested recogni- tion as the exclusive representative of certain employees of the Com- pany. Neither organization received a reply. The record reveals that each organization represents a substantial number of employees in the unit claimed by each and hereinafter found to be appropriate.' We find that questions affecting commerce have 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 UNITS The I. A. M. seeks a unit of all production and maintenance em- ployees, excluding executives, foremen, office and clerical employees, i The Regional Director reported that the I . A. M. submitted 166' application-for- membership cards, , dated variously from March 1942 through April 1'943, of which 165 bore apparently genuine original signatures ; 116 signatures are the names of persons on the Company's pay roll of March 30, 1943, which lists 336 employees in the appropriate unit. The Trial Examiner reported that the Molders submitted 88 application-for-membership cards, dated between July and October 1942, all bearing apparently genuine original signatures , of which 51 are the names of persons on the Company 's pay roll of March 26, 1943, which lists 120 persons in the appropriate unit. HOWE SCALE COMPANY 649 timekeepers, watchmen, snagging and cleaning department employees, and all foundry employees. The Molders seeks a unit of all foundry employees, including the cleaning and snagging department employees. The Company contends that a plant-wide unit is appropriate. The two,unions do not seek to represent the same employees. Nor does the Company object to the appropriateness of the industrial unit sought by the I. A. M. Apparently it objects chiefly to the establish- ment of the craft unit sought by the Molders and to the inclusion there- in of the employees in the cleaning and snagging department. We find no merit in the Company's position in view of the apparent desire of the foundry employees and cleaning and snagging department em- ployees to belong to an,established craft organization in which both groups are eligible to membership.2 We find that all production and maintenance employees of the Com- pany, excluding executives, office and clerical employees, timekeepers, watchmen, foundry employees, snagging and cleaning department em- ployees, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, constitute a unit ap- propriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. We further find that all foundry employees of the Company, includ- ing snagging and cleaning department employees, but excluding super- visory employees with the authority to hire, promote, discharge, disci- pline, or otherwise effect changes in the status of employees, or effec- tively recommend such action, and all other employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the questions concerning representation which have arisen be resolved by separate elections among the employees in the appropriate units who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTIONS 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 the National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby 2 See Matter of The Hutchinson Foundry t Steel Company, 43 N. L. R. B. 280. 650 DECISIONS OF NATIONAL LABOR 'RELATIONS BOARD DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Howe Scale Com- pany, Rutland, Vermont, elections 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 First 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 those employees of the Com- pany who fall within the groups described herein, and who were em- ployed 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 who have since quit or been discharged for cause : (1) all production and mainte- nance employees of the Company, excluding executives, office and clerical employees, timekeepers, watchmen, foundry employees, snag- ging and cleaning department employees, and all supervisory em- ployees with authority to hire, promote, discharge, discipline, or other- wise effect changes in the status of employees, or effectively recommend such action, to determine whether or not they desire to be represented by Green Mountain Lodge No. 1590, International Association of Machinists, for the purposes of collective bargaining; (2) all foundry employees of the Company including snagging and cleaning depart- ment employees, but excluding all supervisory employees, with the authority to hire, promote, discharge; discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, and all other employees, to determine whether or not they de- sire to be represented by International Molders & Foundry Workers Union of N. A., Local 179, affiliated with the American Federation of Labor. for the purposes of collective bargaining.