Manufacturers Supply Co.

In the Matter Of MANUFACTURERS SUPPLY CO. and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL B 1276 , A. F. OF L. Case No. R-3324.-Decided November 09, 1941 Jurisdiction : variable condenser manufacturing, sales, and distribution industry. Investigation and Certification of Representatives : existence of question : refusal of Company to recognize union as the exclusive representative of its em- ployees until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees of the Company, excluding executives, engineers, office employees, clerical employees, foremen, assistant foremen, timekeepers' clerks, laboratory force, tool and die makers, watchmen, and porters; agreement as to. Mr. John J. Cuneo, for the Board. Mr. Elmer C. VanName, of Camden, N. J., for the Company. Mr. William Beedie, of New York City, for the Union. Mr. Louis Cokim, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On September 11 and October 29 and 31, 1941, respectively, Inter- national Brotherhood of Electrical Workers, Local B 1276, A. F. of L., herein called the Union, filed with the Regional Director for the Second Region (New York, City) a petition and amended petitions alleging that a question affecting commerce had arisen concerning the representation of employees of Manufacturers Supply Co., Shel- ton, Connecticut, herein called the Company, and requesting an in- vestigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On October 31, 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. 37 N. L R. B., No 21 162 MANUFACTURERS SUPPLY CO. 163 On November 3, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. On November 13, 1941, the 'Regional Director issued a notice of postponement of hearing. On November 13, 1941, the Company, the Union, and counsel for the Board entered into a stipulation setting forth an agreed state of facts and expressly waiving the holding of it hearing by the Board. The Board hereby approves the stipulation. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Manufacturers Supply Co. is a Delaware corporation with its prin- cipal office and place of business at Shelton, Connecticut, where it is engaged in the manufacture, sale, and distribution of variable con- densers. During the 6-month period preceding November 13, 1941, the Company purchased approximately $72,000 worth of raw mate- rials, about 25 per cent of which were shipped to it from outside the State of Connecticut. During the same period the Company sold fin- ished products valued at about $217,000, about 95 per cent of which represented goods sold and shipped to points outside the State of Con- necticut. The Company admits that it is engaged in commerce within the meaning of the Act. II. THE ORGANIZATION INVOLVED International Brotherhood of Electrical Workers, Local B 1276, is a labor organization affiliated with the American Federation of Labor. It admits to membership employees of the Company. . 111. THE QUESTION CONCERNING REPRESENTATION On, or about September 6, 1941, the Company refused, to recog- nize the Union as the exclusive representative of its employees until such time as the Union is certified by the Board. A statement of the Regional Director, appended to the above-mentioned stipulation, shows that the Union represents a substantial number of employees in the alleged appropriate unit. We find that a question has arisen con- cerning the representation of employees of the Company. ' The Regional Director reported that the Union presented 147 authorization cards bearing the names of persons who appear on the Company's pay roll of September 20, 1941. There are approximately 288 employees on this pay roll. 164 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 de- scribed in Section I above; has a close, intimate, and substantial rela- tion 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 agree, and we find, that all produc- tion and maintenance employees of the Company, excluding execu- tives, engineers, office employees, clerical employees, foremen, assistant foremen, timekeepers, timekeepers' clerks, laboratory force, tool and die makers, watchmen, and porters, constitute a unit appropriate for the purposes of collective bargaining. We further find 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. TIIE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by the holding of an election by secret ballot. The Company and the Union agreed at the hearing that in the event the Board directs an election eligibility to vote shall be determined by the Company's pay roll for the week ending Septem- ber 20, 1941. We shall direct that those eligible to vote in the elec- tion shall be employees within the appropriate unit who were employed during the pay-roll period ending September 20, 1941, subject to the limitations and addtions set forth in the Direction of Election herein. 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 Manufacturers Supply Co., Shelton, Con- necticut, with n 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 executives, engineers, office employees, clerical employees, ATANUFACTURE'RSI SUPPLY CO. 165 foremen, assistant foremen, timekeepers, timekeepers' clerks, labora- tory force, tool and die makers, watchmen, and porters, 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 Rela- tions 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 representatives for the purposes of collective bargaining with Manufacturers Supply Co., Shelton, 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 Direction, under the direction and supervision of the Regional Director for the Second Region, act- ing 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 and maintenance employees of the Company who were employed during the pay-roll period ending September 20, 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, engineers, office employees, clerical employees, assistant foremen, timekeepers, timekeepers' clerks, laboratory force, tool and die makers, watchmen, porters, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Brotherhood of Elec- trical Workers, Local B 1276, affiliated with the American Federa- tion of Labor, for the purposes of collective bargaining. 4 3 32 5 7-4 2-v o L. 37--12