Keiner-Williams Stamping Co.

In the Matter. of KEINER-WILLIAMS STAMPING CO. and INTERNATIONAL ASSOCIATION OF MACHINISTS , LODGE 295, DISTRICT 15, A. F. OF L. Case No. R-3148.-Decided October 209, 1941. Jurisdiction : milk can and sheet-steel stamping manufacturing industry. Investigation and Certification of Representatives : existence of question : Com- pany refuses to bargain until union is certified by Board ; election necessary. Unit Appropriate for Collective Bargaining : production and. maintenance em- ployees paid on an hourly or piece-work basis, including employees in shipping department, truck drivers, and firemen, but excluding executives, sales em- ployees, office and clerical employees, superintendent, assistant superintendent, formen, supervisory employees, watchmen, timekeepers, shop clerks, and cost clerks ; agreement as to. Mr. Edwin C. Morsch, of Jamaica, N. Y., for the Company. Mr. Jerome Y. Sturm, of New York City, for the Union. Miss Marcia Bert mark, of counsel to the Board. DECISION. AND DIRECTION OF ELECTION STATEMENT OF THE CASE On September 24, 1941, International Association of Machinists, Lodge 295, District 15, A. F. of L., herein called the Union, filed with the Regional Director for the Second Region (New York City) a peti- tion alleging that a question affecting commerce had arisen concerning the representation of employees of Keiner-Williams Stamping Co., Richmond Hill, New York, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On October 8, 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 Relations 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 9, 19419 the Regional Director issued a notice of hearing, ,copies of which were duly served upon the Company and the Union. ,36 N. L. R. B., No. 96. 478 .. KEINER-WILLIAMS STAMPING CO. 479 Pursuant to notice, a hearing was held on October 11, 1941,. at. New York City, before Frederick R. Livingston, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the Union 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 on the issues was afforded all parties. During the course of the hearing the Trial Examiner made rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no preju- dicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Keiner-Williams Stamping Co., a New York corporation, is engaged in the manufacture and processing of milk cans, ice-cream cans, milk- bottle cases, and sheet-steel stampings. Its principal office is at Rich- mond Hill, New York. Approximately 90 per cent of the raw materials used by the Company, consisting of sheet steel, wire, tin, lum- ber, and drop forgings, are shipped to it from outside New York. Dur- ing the period from April 1, 1941, to October 1, 1941, the Company purchased approximately $280,000 worth of such raw materials out- side the State of New York. During the same period the Company sold finished products worth approximately $400,000, of which about 662/3 per cent were shipped to places outside the State of New York. The Company admits that it is engaged in commerce within the mean- ing of the Act. . II. THE ORGANIZATION INVOLVED International Association of Machinists, Lodge 295, District 15, is a labor organization affiliated with the American Federation of Labor. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Union apparently began organizing employees of the Company in August 1941_ The Company refused to bargain with the Union until it is certified by the Board. There was introduced -in evidence a statement by the Regional Di- rector which indicates that the Union represents a substantial number of employees of the Company.' ' The Regional Director's statement shows that the Union submitted 261 authorization cards , of which 256 contained apparently genuine original signatures and of which 5 contained hand-printed names. The Company employs about 300 persons. 480 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 Company and the Union agreed, and we'find, that all production and maintenance employees paid on an hourly or piece work basis, including employees in the shipping department, truck drivers, and firemen, but excluding executives, sales employees, office and clerical employees, superintendent, assistant superintendent, foremen, super- visory employees, watchman, timekeepers, shop clerks, and cost clerks, constitute a unit appropriate for the purposes of collective bargaining. We further find that such 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 The Union requested that it be certified upon the basis of the author- ization cards submitted to the Regional Director: Neither the cards nor a pay roll of the Company was submitted in evidence at the hearing. We find that the question concerning representation which has arisen can best be resolved by holding an election by secret ballot. The parties agreed that, in the event the Board should order an elec- tion, the Company's pay roll of September 17, 1941, should be used to determine those eligible to vote. Persons eligible to participate in the election shall be the employees in the appropriate unit who were employed by the Company during the pay-roll period ending Septem- ber 17, 1941, subject to such limitations and additions as are hereinafter 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 repre- sentation of employees of Keiner-Williams Stamping Co., Richmond KE71NER-WILLIAMS SITAMPING CO. I 481 Hill, New York, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All produution and maintenance employees paid on an hourly or piece-work basis, including employees in the shipping department, truck drivers, and firemen, but excluding executives, sales employees, office and clerical employees, superintendent, assistant superintendent, foremen, supervisory employees, watchman, timekeepers, shop clerks, and cost clerks, constituted 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 Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Keiner-Williams Stamping Co., Richmond Hill, 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 direction and supervision of the Regional Director for the Second Region, acting in this matter as agent for the National Labor Rela- tions Board and subject to Article III, Section 9, of said Rules and Regulations, among all production and maintenance employees of Keiner-Williams Stamping Co. paid on an hourly or piece-work basis, including employees in the shipping department, truck drivers, and firemen, who were employed during the pay-roll period ending Sep- tember 17, 1941, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding executives, sales employees, office and clerical em- ployees, superintendent, assistant superintendent, foremen, supervis- ory employees, watchman, timekeepers, shop clerks and cost clerks, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Interna- tional Association of Machinists, Lodge 295, District 15, A. F. of L., for the purposes of collective bargaining. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election. 433118-42-vol. 36 32 il_ SAME TITLE] CERTIFICATION OF REPRESENTATIVES November 27, 1941 On October 29, 1941, the National Labor Relations Board issued .a Decision and Direction of Election in the above-entitled proceeding;;.' .Pursuant to the Direction of Election, an election by secret ballot was -conducted on November 3, 1941, under the direction and supervision of the Regional Director for the Second Region (New York City). ^On November 6, 1941, the Regional Director, acting pursuant to Ar- ticle III, Section 9, of National Labor Relations Board Rules and .Regulations-Series 2, as amended, issued and duly served upon the -parties an Election Report. No objections to the conduct of the ballot -or the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director, reported :as follows : Total on eligibility list------------------------------------- 278 Total ballots cast------------------------------------------- 236 Total ballots challenged------------------------------------- 9 Total blank ballots----------------------------------------- 0 Total void ballots___________________________________________ 0 Total valid ballots counted----------------------------------- Votes cast for International Association of Machinists, Lodge 227 295, District 15, A. F. of L-------------------------------- 216 Votes cast against aforementioned union--------------------- 11 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, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as :amended, IT is MREBY CERTIFIED that International Association of Machinists, Lodge 295, District 15, A. F. of L., has been designated and selected by a majority of the production and maintenance employees of _Keiner-Williams Stamping Co. paid on an hourly or piece-work basis, including employees in the shipping department, truck drivers, and firemen, but excluding executives, sales employees, office and clerical 136 N. L. R. B., No. 96. 482 KETNER-WILLIAMS , s i iprnro co. 483 employees, superintendent, assistant superintendent, foremen, super- visory employees, watchman, timekeepers, shop clerks and cost clerks, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, International Association of Machinists, Lodge 295, District 15, A. F. of L. is the exclusive rep- resentative of all such employees for the purposes of collective bar- gaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. 36 N. L. R. B., No. 96a.