Remington Rand, Inc.

O In the Matter of REMINGTON RAND, INC., REMTICO SUPPLIES DIVISION and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. O. Case No. R-307,6.-Decided October 29, 1941 Jurisdiction : office equipment manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to grant union recognition until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : all production employees including working foremen, and exclusive of clerical and supervisory employees ; agree- ment as to. Mr. William H. Huber, of New York City, for the Company. Mr. Frank Scheiner, of New York City, for the United. Mr. Robert S. Fousek, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On August 2, 1941, 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 concerning the repre- sentation of employees of Remington Rand, Inc., Remtico Supplies Division, Bridgeport, Connecticut, herein called the Company, and requesting an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On October 1, 1941, 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 Rela- tions Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On October 2,,1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the United. Pursuant to notice, a hearing was held on October 6,1941; at New York City before Mark Lauter, the Trial Examiner duly designated by the Chief Trial Examiner. All parties were represented by counsel or 36 N. L. R. B., No. 95. 474 REMLNGTON RAND, INC. 475, other official representatives 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 rulings on the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were com- mitted. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT , I. THE BUSINESS OF THE COMPANY Remington Rand, Inc. is a Delaware corporation having its prin- cipal executive offices in Buffalo and New York City. It is engaged in the manufacture, purchase, sale, and distribution of typewriter ribbons, carbon paper, and related products, and has plants for the manufacture of these products at Bridgeport, Connecticut. During 1940 it purchased raw materials valued at $631,000 of which 95 per cent was purchased from points without the State of Connecticut. During the same year the Company sold and shipped products manu- factured at Bridgeport, Connecticut, valued at $1,564,000 to points without the State. of Connecticut. This proceeding involves only Remington Rand, Inc., Remtico Supplies Division, which is located at-Bridgeport, Connecticut. The Company admits that it is engaged in commerce within the meaning of the Act.. II. THE ORGANIZATION INVOLVED United Electrical, Radio & Machine Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or, about May 28, 1941, the United requested the Company for recognition as the exclusive bargaining representative of the em- ployees in the alleged appropriate unit. The Company refused to grant such recognition until the United should be certified by the Board. A statement of the Regional Director introduced in evidence discloses that the United represents a substantial number of em- ployees in the unit hereinafter found to be appropriate 1 There are approximately 148 employees in the appropriate unit. The United submitted 115 combined application and authorization cards, all of which cards bear apparently genuine signatures. Of the 115 signatures 88 are the signatures of persons whose names appear on the Company 's pay roll of August 30, 1941. 476 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that a question 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 agreed, and we find, that all production employees, in- cluding working foremen,2 and exclusive of clerical and supervisory employees, constitute a unit appropriate for the purposes of collective bargaining. We find further 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 will effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen can best be resolved by an election by secret ballot. We shall direct that an election by secret ballot be held among the employees of the Company in the appropriate unit who were employed during the pay-roll period immediately pre- ceding the date of this Direction, subject to the limitations and addi- tions set forth in the Direction. 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 rep- resentation of employees of Remington Rand, Inc., Remtico Supplies Division, Bridgeport, Connecticut, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production employees of the Company, including working foremen, and exclusive of clerical and supervisory employees, consti- tute a unit appropriate for the purpose of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 2 The parties stipulated that the following employees are working foremen : Andrew Mannino, Clinton Evans, Edward Dunne, Charles Rodzajeuski, and Roscoe Lewis. REMINGTON RAND, INC. DIRECTION OF ELECTION 477 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, 49 Stat. 449, 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 a part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Remington Rand, Inc., Remtico Supplies Division, Bridgeport, Connecticut, an election by secret ballot shall be conducted as early as possible but not later than thirty (30) days from the date of this Direc- tion, 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 Regulations, among all production employees of the Company who were employed during the pay-roll period immediately preceding the date of this Direction, including working foremen and employees who did not work during such pay-roll period because they were- ill or on vacation or in active military service or training of the United States, or temporarily laid off, but excluding clerical and supervisory employees and employees who have since quit or been discharged for cause, to determine whether or not said employees desire to be repre- sented by United Electrical, Radio & Machine Workers of America, C. I. 0., for the purposes of collective bargaining.