James Smith & Son

In the Matter Of WILLIAM B. SMITH, D/B/A JAMES SMITH & SON and UNITED STEELWORKERS OF AMERICA, CIO I Case No. 1-R-2599.Decided January 5, 1946 Vaughan, Esty, Clark zfi Crotty, by Mr. James A. Crotty, of Worces- ter, Mass., for the Company. Mr. Daniel F. Murray, of Worcester , Mass., for the Union. Mr. Bernard Goldberg, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Steelworkers of America, CIO, herein called the Union, alleging that a question affecting com- merce had arisen concerning the representation of employees of Wil- liam B. Smith, d/b/a James Smith & Son, Worcester, Massachusetts, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before John W. Coddaire, Jr., Trial Examiner. The hearing was held at Worcester, Massachusetts, on August 24, 1945. The Company and the Union appeared and participated. All parties were afforded full opportu- nity to be heard, to examine and cross-examine witnesses, and to intro- duce 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 an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY William B. Smith, an individual doing business under the firm name of James Smith Son, is engaged in manufacturing textile machinery. During the 6 months preceding June 30, 1945, the Com- pany purchased approximately $40,000 worth of raw materials, of which practically the entire amount was obtained within the Coin- 65 N. L. R. B., No. 37. 187 188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD monwealth of Massachusetts. During the same period, the Com- pany sold approximately $75,000 worth of its finished products, of which about 55 percent in value represented shipments to customers located outside the Commonwealth. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Steelworkers of America, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to mem- bership employees of the Company. M. THE QUESTION CONCERNING REPRESENTATION The Company has refused to recognize the Union as the collective bargaining representative of its employees unless and until the Union has been certified by the Board in an appropriate unit. ' A statement of a Board agent, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found 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 The parties agree that the following unit is appropriate : all pro- duction, maintenance, and shipping room employees, excluding execu- tives, office workers, and supervisory personnel. The only disagree- ment pertains to the inclusion in or exclusion from the unit of employees Edward Bradley, Henry Sauriol, and Telephore Leduc,2 the Company desiring to exclude them on the ground that they are supervisors. Each of these employees directs the work of from two to seven subordinates and has the power effectively to recommend a change in their status. We find that Bradley, Sauriol, and Leduc are supervisory employees within the Board's customary -definition, and we shall, therefore, exclude them from the unit. We find that all production, maintenance, and shipping room em- ployees of the Company, excluding executives, office workers and all ' The Field Examiner reported that the Union submitted 25 authorization cards and that names of 21 persons appearing on the cards were listed on the Company 's pay roll of August 2, 1945, which contained the names of 21 employees in the appropriate unit. 2 At the hearing the same disagreement was voiced with respect to employee James Kearney. In its brief, the Union has consented to the exclusion of Kearney. JAMES SMITH & SON 189 supervisory employees 3 with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, 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 question concerning representation which has arisen be resolved by an election by secret ballot among 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 Rela- tions Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with William B. Smith, d/b/a James Smith & Son, Worcester, Massachusetts, an election by secret ballot shall be conducted as early as possible, but not later than sixty (60) 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, Sections 10 and 11, of said Rules and Regula- tions, 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 Steelworkers of America, CIO, for the purposes of collective bargaining. 3 This includes James Kearney , Edward Bradley , Henry Sauriol , and Telephore Leduc.