National Electric Instrument Co., Inc.

In the Matter of NATIONAL ELECTRIC INSTRUMENT CO., INC.' and INTER- 0 NATIONAL ASSOCIATION OF MACHINISTS Case. No. 2-R-5725.Decided January 14, 1946 Mr. L. L. Balleisen, of New York City, and Mr. Walter A. Arneson, of Corona , L. I., for the Company. Mr. Steven M. Este, of New York City, Mr. Harold J. Mathews, of Long Island City, N. Y., and Mr. James Matienzo , of Jackson Heights, L. I., for the Union. Mr. David V. Easton , of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Association of Machin- ists, herein called the Union, alleging that a question affecting com- merce had arisen concerning the representation of employees of Na- tional Electric Instrument Co., Inc., Elmhurst, Long Island, New York, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Richard J. Hickey, Trial Examiner. The hearing was held at New York City on August 14 and September 12, 1945. The Company and the Union appeared and participated. All parties 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 1. THE BUSINESS OF THE COMPANY National Electric Instrument Co., Inc., a New York corporation with its offices and plant located in New York City, is engaged in the ' At the hearing, the Trial Examiner granted a motion to correct all papers in the proceeding to reflect the true name of the employer as set forth above 65 N. L. R. B., No. 77. 427 428 DECISIONS OF NATIONAL LABOR RELATIONS BOARD manufacture, sale, and distribution of electrical surgical instruments. During the period from August 1, 1944, to July 31, 1945, the Company purchased raw materials valued in excess of $100,000, of which 40 per- cent was shipped to the Company from points outside the State of New York. During the same period, the Company sold finished prod- ucts valued in excess of $200,000, of which approximately 90 percent was shipped 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. H. THE ORGANIZATION INVOLVED International Association of Machinists is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about June 8, 1945, the Union requested recognition from the Company as the representative of certain of its employees. By letter dated June 14, the Company refused this request because of doubt as to the Union's majority status. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found appropriate.2 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 Union and the Company are agreed upon the propriety of a unit consisting of all production, maintenance, and shipping employees of the Company, excluding office and plant clerical 3 employees, and all supervisory employees. Dispute exists with respect to 6 of 10 working foremen of the Company; the Union contends that these indi- viduals are supervisory employees, whereas the Company asserts the contrary. The record indicates that all working foremen spend at least 70 percent of their time in the perfornfance of manual labor. They are more experienced workers to whom the Company entrusts the respon- sibility of setting up machines, instructing other employees, assigning 2 The Field Examiner reported that the Union submitted 25 cards bearing the names of 23 employees, listed on the Company's pay roll for the week ending June 16, 1945. The record indicates that, as of the date of the hearing, there were approximately 57 employees in the appropriate unit 3 The parties agree that plant clerical employees are those employees in the plant who spend 50 percent or more of their time in purely clerical duties They further agree that w. Gardner, Sr , is si clerical employee. NATIONAL ELECTRIC INSTRUMENT CO., INC. 429 them to various duties, and directing their work. However, they have no authority to hire, discharge, or make effective recommendations affecting the status of their fellow workers. Under these circum- stances, we shall include all working foremen. We find that all production, maintenance, and shipping employees of the Company, including working foremen, but excluding office and plant clerical employees '4 and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, consti- tute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES b The Company contends that no election should be directed until disposition has been made of unfair labor practice charges filed by the Union against the Company.5 Since, however, the Union has filed a waiver of any right or privilege to urge any of the matters contained in these charges as the basis for objections to any election, or to the results thereof, we perceive no valid reason for delaying a present determination of representatives. We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election 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 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with National Electric Instrument Co., Inc., Elmhurst, Long Island, 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, under the direc- tion 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 said Rules and Regula- See footnote 3, supra. Case No. 2-C-5902 430 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 International Association of Machinists, for purposes of collective bargaining.