J. Sklar Mfg. Co.

In the Matter of J. SKLAR MFG. Co." LOCAL 1225 OF THE UNITED and ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. O. Case No. R-1894.-Decided July 18,1940 Jurisdiction : surgical instruments manufacturing industry. Investigation and Certification , of Representatives : existence of question: refusal to accord recognition to union and request that certification be obtained ; employees temporarily laid off eligible to vote, election necessary Unit Appropriate for Collective Bargaining : production and maintenance em- ployees excluding administrative , office, and delivery employees , foremen, factory supervisors , and salesmen Rubinton di Coleman, by Mr. Samuel Rubinton, of Brooklyn, N. Y., and Mr. Edward J. Sovatkin, of Long Island City, N. Y., for the Company. Mr. Frank Scheiner and Mrs. Ruth, Roemer, of New York City, and Mr. Nathan Lerner, of Brooklyn, N. Yfor the United. Mr. Gilbert V. Rosenberg, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On April 30 , 1940, Local 1225 of the United Electrical , Radio & Machine Workers of America , C. I. 0., herein called the United, filed with the Regional Director for the Second Region (New York City) a petition alleging that a question affecting commerce had arisen con- cerning the representation of employees of J. Sklar Mfg. Co., Brooklyn, New York,2 herein called the Company , and requesting an investiga- tion and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat . 449, herein called the Act. On May 24, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section .9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations- Series 2, as amended, ordered an investigation and authorized the I Incorrectly referred to in the notice of hea, ing as "J Sklar Manufactuimg Co " 2In June 1940, pilor to the heaiing, the Company moved its plant to Long bland City, N. F - 25 N L R B, No. 72. 614 J. SKLAR MFG. CO. 615 Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On June 1, 1940 , the Regional Director issued a notice of hearing, copies of which were served upon the Company and the United. Pursuant to notice a hearing was held on June 14, 1940, at New York City, before Daniel R. Dimick, the Trial Examiner duly designated by the Board. The Company and the United were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Thereafter, the Company and the United filed briefs with the Board. At the request of the Company oral argument was scheduled to be held before the Board in Washington, D. C., on July 9, 1940. Having been notified by the Company and the United that they did not intend to appear at the hearing set for oral argument, the Board cancelled the said hearing. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY J. Sklar Mfg. Co., a New York corporation, is engaged at its plant in Long Island City, New York, in the manufacture and sale of surgical instruments and related products. Prior to June 1, 1940, the Company's plant was located in Brooklyn, New York. During 1939 the Company purchased raw materials, consisting principally of steel, alloys, bronze, brass, and oil, valued at approximately $100,000, of which approximately 60 per cent were shipped to the Company's plant from points outside the State of New York. During the same period the Company sold finished products valued at approximately $400,000, of which approximately 75 per cent were shipped to destina- tions outside the State of New York. The Company normally employs approximately 250 persons excluding supervisory and clerical employees. II. THE ORGANIZATION INVOLVED Local 1225, United Electrical, Radio & Machine Workers of America, is a labor organization affiliated with the Congress of Industrial Organ- izations, admitting to membership employees of the Company. 616 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION By letter dated April 26, 1940, the United requested the Company to bargain with it as the exclusive representative of the Company's employees. The Company refused to bargain unless the Board should first certify the United as the statutory representative of the employees. We find that a question affecting commerce has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate , and substantial relation to trade, traffic , and commerce among the several States, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The parties stipulated, and we find, that all production and mainte- nance employees of the Company, excluding administrative, office, and delivery employees, foremen, factory supervisors, and salesmen, constitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES In support of its claim of majority representation among the employees in an appropriate unit, the United submitted 157 member- ship application cards to the Regional Director. The latter reported in a written statement introduced in evidence that- the signatures on 116 of such cards appear to be genuine original signatures of persons whose names are on the Company's pay roll of June 14, 1940. At the hearing the Company and the United requested that an election be held. We find that the question which has arisen concerning the representation of employees of the Company can best be resolved by an election by secret ballot. At the hearing a controversy arose concerning the pay roll to be used to determine eligibility to vote in the election. The United contended that the pay-roll period immediately preceding April 30, 1940, the date of the filing of the petition, should govern eligibility. The Company asserted that only those employees on the pay roll at J. SKLAR MFG. CO. 617 the time of the election should be eligible to vote. The record shows that all employees working on April 30, except one or two who were subsequently laid off because of the removal of the plant from Brook- lyn to Long Island, were employed by the Company at the time of hearing. The Company stated that all of its old employees not work- ing at time of the hearing would be reinstated as soon as conditions permitted. We find that such employees have been temporarily laid .off. We shall direct that the employees of the Company eligible to vote in the election shall be those employees in the appropriate unit who were employed during the pay-roll period last preceding the date of this Direction of Election, including employees who did not work during such pay-roll period because they were ill or on vacation, and employees who were then or have since been temporarily laid off, but excluding those who have since quit or been discharged for cause. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of J. Sklar Mfg. Co., Long Island City, New York, -Within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company, excluding administrative, office, and delivery employees, foremen, factory supervisors, and salesmen, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 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 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representation for the purposes of collective bargaining with J. Sklar Mfg. Co., Long Island City, 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 of Election under the direction 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, Section 9, of said Rules and Regu- lations, among all production and maintenance employees of J. Sklar Mfg. Co. who were employed by the Company during the pay-roll 618 DECISIONS OF NATIONAL LABOR RELATIONS BOARD period last preceding the date of this Direction of Election, including employees who did not work during such pay-roll period because they were ill or on vacation, and employees who were then or have since been temporarily laid off, but excluding administrative , office, and delivery employees , foremen, factory supervisors, salesmen, and any employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Local 1225,, United Electrical, Radio & Machine Workers of America, C. I. 0., for the purpose of collective bargaining. MR. WILLIAM M. LEISERSON took no part in the consideration of the above Decision and Direction of Election.