Matthews Manufacturing Co.

In the Matter Of MATTHEWS MANUFACTURING COMPANY and UNITED CONSTRUCTION WORKERS, AFFILIATED WITH THE UNITED MINE WORK- ERS OF AMERICA Case No. 1-R-2699.-Decided January 09, 1946 Messrs. George H. Mirick and Glendon M. Pomeroy, both of Worces- ter, Mass., for the Company. Mr. Walter M. Brock, of Bridgeport, Conn., and Mr. Harry Syrene, of Worcester, Mass., for the Union. Mr. A. Sumner Lawrence, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Construction Workers, affil- iated with the United Mine Workers of America, herein called the Union, alleging that a question affecting commerce had arisen con- cerning the representation of employees of Matthews Manufacturing Company, Worcester, Massachusetts, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Walter B. Wilbur, Trial Examiner. The hearing was held at Worcester, Massachusetts, on October 31, 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 prej- udicial 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 Matthews Manufacturing Company, a Massachusetts corporation having its principal office and place of business at Worcester, Massa- 1 United Steel Workers of America, CIO, and Matthews Independent Union, Inc., although served with notice, did not appear or participate in the hearing. 65 N. L. R. B., No. 104. 601 602 DECISIONS OF NATIONAL LABOR RELATIONS BOARD chusetts, is engaged in the manufacture, sale, and distribution of metal stampings and allied products. During the past 6 months, the Com- pany manufactured and sold from its Worcester plant, finished prod- ucts valued in excess of $100,000, of which approximately 85 percent was shipped to points outside the Commonwealth of Massachusetts. Of the raw materials used during this period by the Company in its manufacturing operations, approximately 80 percent was obtained from points outside the Commonwealth of Massachusetts. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Construction Workers is a labor organization, affiliated with the United Mine Workers of America, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION Before September 28, 1945, the Union requested that the Company recognize it as the exclusive bargaining representative for certain of the Company's employees and thereafter on September 28, 1945, filed the petition in the present proceeding. The Company refused to grant the Union's request for recognition until the Union has been certified by the Board in an appropriate unit. The Company suggests that an existing collective bargaining agree- ment between the Company and a labor organization, known as Mat- thews Independent Union, Inc., herein called the Independent, is a bar to the present proceeding. The agreement in question is an exclusive bargaining contract effective February 8, 1944, for an initial period ending February 1, 1945, subject to automatic renewal for yearly periods thereafter in the absence of notice given by either party 30 days prior to any anniversary date. On February 1, 1945, the agreement was automatically renewed for a period of 1 year. Al- though it appears that the agreement thus renewed is still in force and effect, we are of the opinion that, since the contract will shortly expire and the Union has filed fits petition more than 30 days prior to the expiration date, there exists no contractual bar to a present determination of representatives? 2 See Matter of Angel Novelty Company, •48 N. L. R. B. 15. We note that there is indication in the record that the Independent has abandoned Its identity as a separate labor organization, and has become an affiliate of the Union, peti- tioner in the present proceeding. MATTHEWS MANUFACTURING COMPANY 603 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 We find, substantially in accordance with a stipulation of the par- ties, that all production, maintenance, shipping and receiving depart- ment employees of the Company, including factory timekeepers, but excluding clerical and office employees, salaried employees, guards an& watchmen, executives, foremen, assistant foremen, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively rec- ommend 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 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 4 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 Matthews Manu- facturing Company, Worcester, 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 sub- ject to Article III, Sections 10 and 11, of said Rules and Regulations, 3 The Field Examiner reported that the Union submitted 129 cards bearing the names of 103 employees listed on the Company 's pay roll of October 3, 1945, and that all but 2 undated cards were dated between July and September 1945. There are approximately 177 employees in the claimed appropriate unit. 4 The Company intimates that the Independent should be accorded a place on the ballot. Since, however, it appears that this organization no longer has an identity separate from that of the Union , and neither appeared nor requested that it be allowed to participate in the election, we shall omit Its name from the ballot in the election hereinafter directed. 604 DECISIONS OF NATIONAL LABOR RELATIONS BOARD among 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 dur- ing said pay-roll period because they were ill or on vacation or tem- porarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but ex- cluding 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 Construction Workers, affiliated with the United Mine Work- ers of America, for the purposes of collective bargaining.