Jamestown Metal Equipment Co., Inc.

In the Matter Of JAMESTOWN METAL EQUIPMENT Co., INC. AND ITS SUBSIDIARY, BLACKSTONE MANUFACTURING CO., IN c. and INTERNA- TIONAL ASSOCIATION OF MACHINISTS, LODGE 1240, AFFILIATED WITH THE A. F. OF L. Case No. C-1082 ORDER DENYING MOTION TO VACATE AND SET ASIDE DECISION AND ORDER AND TO DIRECT FURTHER HEARING June 22, 1940 On November 17, 1939, the Board issued a Decision and -Order in the above-entitled , case.' On May 16, 1940, International Associa- tion of Machinists, Lodge 1240, at times herein called the Union,' lodged with the Board its Motion to Vacate and Set Aside Decision and Order and to Direct Further Hearing, together with proof of service upon the parties, and thereafter, a document entitled "State- ment of Facts," dated May 28, 1940. In its motion the Union requests that the above-mentioned Decision and Order be set aside and a fur- ther hearing be held for the purpose of adducing certain evidence upon the basis of which it requests the Board to find that the James- town Metal Equipment Co., Ihc., herein called the Jamestown Com- pany, is the successor to, or alter ego of, Blackstone Manufacturing Co., Inc., the respondent herein, or the new employer of the persons formerly employed by the respondent and involved in the above- entitled case; that all these persons are engaged in the nianufacti.u•e of `Blackstone Products"; and that, except for supervisory and clerical employees, they constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act; and upon those findings to order the Jamestown Company to bar- gain collectively with the ' Unions as the exclusive representative of employees in this unit. In support of its motion the, Union repre- sents, inter alia, that on or about April 1, 1940, after the issuance of the afore-mentioned Decision and Order, the respondent liquidated its assets and discontinued its business; that thereafter, the Jamestown Company was engaged in the business and operations formerly con- ducted by the respondent; that the persons formerly employed by the respondent are now employees of the Jamestown Company ; that ap- ' 17 N. L. R. B. 813. 24 N. L. R. B., No. 96. 916 JAMESTOWN METAL EQUIPMENT CO., INC. 917 proximately 35 of said employees work in the former Blackstone plant, and approximately 60 work in the Jamestown plant where the other employees of the Jamestown Company are at work; and that all of said employees are "specialized employees performing precision work and operate [sic] specialized machines'." whose work is re- stricted to the production of so-called "Blackstone Products" previ- ously produced by the respondent and now produced by the James- town Company. We have considered said motion and the facts in support thereof. We are of the opinion that these facts, if true, constitute no ground for granting the motion. IT IS HEREBY ORDERED that the Motion to Vacate and Set Aside Decision and Order and to Direct Further Hearing and the said Statement of Facts be, and the same hereby are, filed instanter as part of the record herein; and IT IS FURTHER ORDERED that the said motion of International Asso- ciation of Machinists, Lodge 1240, be, and the same hereby is, denied.' MR. EDWIN S. SairTH took no part in the consideration of the above Order Denying Motion to Vacate and Set Aside Decision and Order and to Direct Further Hearing. 283035-42-vol. 24-59