A. Papish, Inc.

National Labor Relations Board - Board Decisions

Feb 28, 1944

55 N.L.R.B. 91 (N.L.R.B. 1944)

In the Matter of •A. PAPISH, INC. and INTERNATIONAL ASSOCIATION OF
MACI-IINISTS; A. F. OF L.
Case , No. 2-R-4408.-Decided February 28, 1,944
Mr. Leo Papish, of Danbury, Corin., for the Company.
Mr. Fred Cederh,olm, of Bridgeport, Conn., for the Union.
JIiss S. Catherine 'TVilsov, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Association of Machin-
ists, A. F. of L.. , herein' called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of A. Papish, Inc., Danbury, Connecticut, herein., called the
Company, the National' Labor Relations Board provided for an ap-
propriate hearing upon due notice before Martin I. Rose, Trial Ex-
aminer. Said hearing was held at Danbury, Connecticut, on January
5, 1944. The Company and the Union appeared and participated.
All parties were afforded full, opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed. All parties were-
afforded an opportunity to file briefs with the Board.
Upon•the entire record in the case, the Board makes the following;
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
A. Papish, Inc., a Connecticut corporation, is engaged in the manu-
facture, sale, and distribution of aircraft parts, machine tools, and
ordnance. The Company operates a plant in Danbury,,Connecticut,
under the name of Leo'Papish and 'Company (division of A. Papish,
Inc.)„the only plant involved in'this proceeding, and referred to
55N L R.B,No 16.
91
92 •DECISIONS OF NATIONAL LABOR RELATIONS BOARD
herein as'the Leo Papish plant. During the year ending December
17,1943, the Company purchased raw materials for this plant amount-
ing'in value to more than $5.000, approximately 90 percent of which
was purchased outside the State of Connecticut. During the same
period the plant produced finished products. amounting in value to
more than $100,000, approximately 75 percent of which was shipped
to points outside the State of Connecticut. All its finished products
are used for Ndar purposes. .
The Company admits that it is engaged 'in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED(
International Association of Machinists, affiliated with the Amer-
ican Federation of Labor, is a labor organization admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees until tlie. Union
has.been certified by the Board in an appropriate unit.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the writ hereinafter found a,ppropriate.l - ; , , ,
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2-(6) and (7) of the Act.,
IV. THE APPROPRIATE UNIT
The parties' aregenerally agreed that alf -production' and mainte- _
nance employees at the Leo Papish plant, excluding' supervisory em-
ployees, constitute all ' appropriate unit,.', They are in disagreement,
.however, concerning expediters, watcliinen; and office'' alid clerical
employees. The Union requests that these classifications of employees
be excluded; and the Company,'that they be included.
Expediters: The Company employs-two persons, known as produc-
tion expediters. They. are engaged in' procuring contracts, materials,
and. tools, and in enhancing the efficiency. of production.. One of these
employees spends all of his time 'away from the plant; and the other
The Regional'Director reported that the IIinon subnutted 21'authorization cards; that
the names of, 19 persons alipeaiing on.the cards,were ,11isted'on the Company's pay, roll of
Decembei 18, 1943 , which contained the names of 38 employees in the appiopr + ate unit;
that'the 19 cards bore apparently genuine oi•iginal'sigriatuiPs .' and that the cards-were
dated No'enmber and December 1943 '
A. PAPISH, 'INC. 93
has spent 50 percent of his time away from the plant during the past
10 months.. Both' are paid on a salary basis,, while the, production
workers are paid on an hourly basis. Under these circumstances; we
shall exclude expediters from the unit.2 , , 1
Watchmen: There are three watchmen involved; they are neither
uniformed, armed, nor militarized. Their duties consist of making
rounds of the plant, punching station clocks,,and doing cleaning work.
Occasionally they cut off machinery left running at closing time. The
Union does not admit watchmen to membership.., We shall exclude
watchmen from the unit. ' `
Office and Clerical Elhployees : The' Company's two clerical em-)'-,
ployees perform ordinary office work, including bookkeeping and
typing. In accordance with our usual practice of excluding office and
clerical employees from a unit of production and maintenance em-
ployees, we shall exclude these employees from the unit.
We find that all production and maintenance employees at thwLeo
Papish•plant, excluding expediters, watchmen, office and clerical em-
ployees and all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in^the status of em-
I,loyees, or effectively recommend such action,-constitute a unit appro-
priate for the purposes of collective bargaining within the meaning of
Sectioii 9 (b) of the Act.
V. THE DETERMINATION OF 1:EPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the-em-
,. ploye-es in the appropriate unit who were employed during the pay-'
roll period immediately preceding the date of the Direction of Elec-
tion, Herein', ubject to the limitations and additions'set forth in the
Direction.
The Union contends that two workmen, Roco Lacava'and O. Ma-
dore, should not be permitted to vote in the production and maintenance
unit; the Company contends that they fall within the, unit and are
eligible to vote. These individuals do not punch the'time clock with
the Sammie regularity and at the same time as do the production and
maintenance employees due to the fact that they perforih miscellaneous
tasks, some of which are carried on in connection with operations of
the Company other than those at the plant involved. Lacava drives
a truck and performs other functions for the Leo Papish plant and
other operations of the Company. During the month prior 'to the
hearing, lie was engaged mainly in painting buildings owned and
z See Lewis Eugene Wilson d/b/a The W,lson Company, 53 N. L . R B 523.
94 DECISIONS OF NATIONAL LABOR RELATIONS BOARD,
leased to others by the.Company. The-record indicates that he has
installed pipes•and machinery, has-done some-production work, at the
Leo•Papish plant, and that much of his time goes into the j9b costs of
'that' plant. Madore makes machinery and,building repairs :at the Leo
Papish plant and at other property of the Company. He unloads
trucks containing materials for the manufacturing operations at the
,,plant involved and for other operations of. the Company. He builds
all the shipping boxes for the Leo Papish plant, and has on,occasions
performed other work at that plant.- Since Lacava,and Madore apr
pear to spend a substantial portion of their time in either production
or maintenance work in,connection with the Leo Papish plant, we find
that they fall within the'production and maintenance unit, and are
eligible to vote in the election hereinafter directed.
The Company objects to the participation,iinn the election of Michael
Hbracak. Hbracak was employed by the,Company subsequent to his
alleged discriminatory discharge by the Turner Machine Co., Inc ,
Danbury, ' Connecticut. In a prior decision directing an election
among the employees of that corporation,' the Board decided that
Hbracak should be permitted to vote, but that his, ballot should be
segregated pending a determination of the unfair labor practice
charges which had been filed 'in, his behalf.4 It appears that at, the
time of the hearing Hbracak had been working for the Company for 2
or 3 months, as a screw machine operator. We are of the opinion that
lie has a sufficient interest in the proceedings to be eligible to vote.
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 9, of National Labor Relations
Board Rules and Regulations-Series 3, it is hereby
„DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with A. Papish, Inc.,
'Danbury, Connecticut, an election by secret ballot shall be conducted as'-
earlyJas possible, but not later than tlhirty (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 Relations Board, and subject to Article III, Sections
10 and 11, of said Rules and Regulations, among the employees in the
unit found appropriate in Section IV, above, who were employed dur-
ing the,pay-roll period immediately' preceding the date of th i s'Direc-
3 53 N-11; R B 1188, issued December G 1943; amended December 28,'1943
Charges were, filed on September 17, 1943; and amended charges on December 28. 1943
The complaint lease ( 2-C-5278 ) is now pending before the Board . The charges ' and the
representation case refer to this employee as "Ilrabcsak."
A. PAPISH, INC. 95
tion, including employees who did not work during said pay-roll
period because they were ill or on vacation or temporarily laid off, and
including employees in the armed forces of the United States; who
present themselves in person at the polls, but excluding employees who
have since quit, or been discharged for cause and have not been rehired
or reinstated prior to the date of the election to-determine whether or
not they desire to be represented by International Association of
Machinists, A. , F. of L., for the purposes of collective bargaining.