Winter Brothers Co.

In the Matta of WINTER BROTHERS COMPANY, AND ITS SUBSIDIARY WRENTHAM PRODUCTS COMPANY and INTERNATIONAL ASSOCIATION OF MACHINISTS Case No. R-5665.-Decided July X6,1943 Mr. D. N. Willis, of Wrentham, Mass., for the Companies. Mr. Harold F. Reardon, of Boston, Mass., for the I. A. M. Mr. Lawrence Spitz , of Woonsocket, R. I., for the I. T. U. A. Mr. Charles Lyons, of Boston , Mass., for the C. I. O. Mr. Robert Silagi, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition and an amended petition duly filed by Interna- tional Association of Machinists, herein called the I. A. M., alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Winter Brothers -,Company, and its sub- sidiary, Wrentham Products Company, Wrentham, Massachusetts, herein collectively called the Companies, the National Labor Rela- tions Board provided for an appropriate hearing upon due notice before Samuel G. Zack, Trial Examiner. Said hearing was held at Wrentham, Massachusetts, on July 12, 1943. The Companies, the I. A. M., the Industrial Trades Union of America, herein called the I. T. U. A., and the Congress of Industrial Organizations, herein called the C. I. 0., appeared and participated. All ,parties were af- forded full opportunity to be heard, to examine and cross-examine witnesses, to introduce evidence bearing on the issues, and to file briefs with the Board. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 51 N. L. R. B., No. 119. 711 712 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Winter Brothers Company is engaged in the manufacture of taps, dies, and threading tools at its plant in Wrentham, Massachusetts. The raw materials used in the manufacture of these products consist chiefly of bar steel, all of which is purchased and shipped to Wrentham from points outside the Commonwealth of Massachusetts. During the last year the raw materials were valued in excess of $100,000. Sales of the finished products exceeded $1,000,000, 95 percent of which repre- sents shipments to points beyond the Commonwealth of Massachusetts. Wrentham Products Company, a subsidiary of Winter Brothers Company, is engaged exclusively in the manufacture of airplane en- gine studs as subcontractor for United Aircraft Corporation. The chief raw material used in the manufacture of the studs also consists of bar steel, all of which is brought to the Company's plant at Wrent- ham, Massachusetts, from points beyond the Commonwealth of Massa- chusetts. During the last 6 months the sales of the finished products approximated $500,000. The operations of both Companies are en- tirely devoted to production for the war effort. We find that the Companies are engaged in commerce within the meaning of the National Labor Relations Act. IT. THE ORGANIZATIONS INVOLVED International Association of Machinists and the Congress of In- dustrial Organizations are labor organizations admitting to member- ship employees of the Companies. Industrial Trades Union of America is an unaffiliated labor organi- zation admitting to membership employees of the Companies. III. THE QUESTION, CONCERNING REPRESENTATION The Companies have refused to grant recognition to the I. A. M. as the exclusive bargaining representative of their employees until the I. A. M. has been certified by the Board in an appropriate unit. A statement of the Regional Director and a statement of the Trial Examiner, introduced into evidence at the hearing, indicate that each union represents a substantial number of employees in the unit herein- after found appropriate? The Regional Director reported that the I. A. M. submitted 284 authorization cards, 280 of which bore apparently genuine original signatures ; and that the names of 231 persons appearing on the cards were listed on the pay roll of the parent Cem'any for the week ending June 26, 1943, or on the pay roll of the subsidiary Company for the week WINTER BROTHERS COMPANY 713 We find that a question affecting commerce has arisen concerning the representation of employees of the Companies, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in substantial accord with the stipulation of the parties, that all production and maintenance employees of the plants of both Companies, including shipping and receiving employees and night watchmen, but excluding office and factory clerical employees, plant- protection employees, executives, and supervisors of the rank of assist- ant foreman and above, and any other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees or effectively recommend such ac- tion, constitute a unit appropriate for the purposes of collective bar- gaining, within the meaning of Section 9 (b) of the Act. 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 the Direction of Elec- tion herein, 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 ending May 29, 1943 . Said pay rolls contain a total of 846 parsons in the appropriate unit. All except 14 cards were dated in April.,Mav . or June :943. The I. T. U. A. submitted 345 membership cards , 322 of which bore apparently genuine original signatures The names of 280 persons appearing on the cards were listed on the pay rolls described above. Of these cards, 277 were dated between April and July 1943. the' balance being eithe undated or imperfectly dated. The C. I. O. submitted 51 membership cards , 49 of which bore ap:)arent'y genuine original signatures . The names of 48 persons appearing on the cards were listed on the pay roll of the parent Company for the week ending June 26, 1943. which contains a total of 641 names in the appropriate unit. Of these cards, 49 were dated in June and July 1943, and 2 were undated. The card check indicates that 88 persons apparently have signed authorization cards for more than 1 union. At the hearing both the 1 . T U. A. and the C. 1 O. offered additional cards in evidence as indicia of representation. On the ground that the I. T. U. A had already made a sufficient showing of representation , the Trial Examiner declined to make a state- ment with respect to these additional cards, but did make a check of the cards offered by the C 1. O. His investigation showed - that the C. I. 0 subuitted 41 additional authorization cards, and that the names of 28 persons appearing on these cards coincided with those on the pay roll of one company or the other. 714 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Winter Brothers Company, and its subsidiary, Wrentham Products Company, Wren- tham, 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 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 the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period `inrmediately preceding the date of this Direction, in- eluding employees who did not work during said pay-roll period be- cause they were ill or on vacation or temporarily laid off, and including employees 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, to determine whether they de- sire to be represented by International Association of Machinists, or by Congress of Industrial Organizations, or by Industrial Trades Union of America, for the purposes of collective bargaining, or by no union. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election.