American Machine & Foundry Co.

National Labor Relations Board - Board Decisions

Feb 3, 1943

47 N.L.R.B. 303 (N.L.R.B. 1943)

In the Matter of AMERICAN MACHINE & FOUNDRY COMPANY and LOCAL
475, UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA,
CIO
Case No. R-4788-.-Decided February 3, 19/3
Jurisdiction :, ordnance manufacturing industry.
Investigation and Certification of Representatives : existence of question'. recog-
. nition refused because of existing contract ; contract held no bar when it
contained no automatic renewal clause and petition was filed within a reason-
able period prior to the expiration of the contract; election necessary.
Unit Appropriate for Collective Bargaining : all hourly paid production, mainte-
nance, receiving and shipping department employees, including store clerks,
inspectors having no supervisory duties over other inspectors, and watchmen,
but excluding executives, foremen, supervisors, clerical worker's, timekeepers,
engineering department employees (including technicians, engineers and drafts-
men), guards, salaried employees and rest room matrons.
Mr. George S. Hills, of New York City, for the Company.
Mr. Frank Scheiner, of New York City, for the U. E. -
Messrs. Irving Sweet and Samuel Sweet, both,of New York City, for-
the Association.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon amended petition duly filed by Local 475, United Electrical,
Radio and Machine Workers of America, CIO, herein called the U. E.,
alleging that a question affecting commerce had arisen concerning the
representation of employees of American Machine & Foundry Com-
pany, Brooklyn, New York, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before John J. Cuneo, Trial Examiner. Said hearing was held
at New York City on January 18, 1943. The Company, the U. E., and
Employees Association of American Machine & Foundry Company,
herein called the Association, appeared, participated, and were af-
forded full opportunity to be heard, to examine and cross-examine
47 N. L. R B., No. 33.
303
304 DECI SIONS OF NATIONAL LABOR RELATIONS BOARD
witnesses, and to introduce evidence bearing on the issues. At the.
close of the hearing the Association moved to dismiss the petition of the
U. E. on the ground that there is a present existing contract between
the Company and the Association, and on the further ground that the
record does not indicate that the U. E. has as members a majority of
the employees of the Company. The Trial Examiner reserved ruling
on this motion for the Board. For reasons appearing below, the
motion is denied. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
American Machine & Foundry Company, a New Jersey corporation,
with its principal place of business in Brooklyn, New York, is pri-
marily engaged in the manufacture, sale, and distribution of military
and naval equipment of a confidential nature to and for the United
States Government. It also is engaged in the manufacture, sale, and
distribution of machinery and parts for maintenance of customers'
equipment throughout the United States and foreign countries. It
operates plants at New Haven, Connecticut, Glen Rock, Pennsylvania,
and Brooklyn, New York. We are concerned herein with the Com-
pany's operations at Brooklyn, New York. During the 6 months prior
to January 18, 1943, the Company purchased raw materials valued at
approximately $750,000, approximately 75 percent of which was
shipped to it from points outside the State of New York. During the
same period, the Company produced finished products valued at ap-
proximately $5,480,000, approximately 66 percent of which was sold
and shipped to points outside the State of New York. The Company
admits that it is engaged in commerce within the meaning of the
National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
Local 475, United Electrical, Radio and Machine Workers of
America, is a labor organization affiliated with the Congress of Indus-
trial Organizations, admitting to membership employees of the Com-
pany.
Employees Association of American Machine & Foundry Company
is an unaffiliated labor organization admitting to membership em-
ployees of the Company.
AMERICAN MACHINE & FOUNDRY COMPANY 305
III. THE QUESTION CONCERNING REPRESENTATION
The Company refused to' accord recognition to the U. E. as bargain-
ing representative for its production and maintenance employees on
.the ground that it had an existing contract with the Association which
had been previously certified by the Board.
Said contract, dated February 10, 19420 expires February 10, 1943,
and contains no automatic renewal clause; it does, however, contain
a clause providing that at least 1 60 days prior to its expiration. the
Company and the Association shall meet for the purpose of discussing
its renewal. The petition of the U. E. was filed on December 16, 1942,
and an amended petition, as heretofore stated, filed on January 5, 1943.
Inasmuch as the petition, as amended, was filed within a reasonable
period prior to the expiration of the contract, the latter constitutes no
bar to' this proceeding.
A statement of the Regional Director, introduced in evidence at the
hearing, indicates that the U. E. represents a substantial number of
employees in the appropriate unit.'
.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
In accordance with a stipulation of the parties we find that all hourly
paid, production, maintenance, receiving and shipping department
employees of the Company, including store clerks, inspectors having no
supervisory duties over other inspectors, and watchmen, but excluding
executives, foremen, assistant foremen, supervisors, clerical workers,
,timekeepers, `engineering department employees (including techni-
cians, engineers and draftsmen), guards, salaried employees and rest
room matrons, constitute a unit appropriate for the purposes of collec-
tive bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
i The Regional Director reported that the U E submitted 881 application cards containing
the names of 763 persons who appear on the Company's pay roll of December 12, 1942. Of
these 759 bear apparently genuine original signatures, and 4 bear printed navies There are
1861 employees in the appropriate unit. The Association relies upon its unexpired con-
tiact dated February 10, 1942, to establish its interest.
513024-43-vol 47-20,
306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
herein, subject to the limitations and additions set forth in the
Direction 2
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 Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DniECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with American
Machine & Foundry Company, Brooklyn, 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 Relations Board, and
subject to Article III, Section 10, of said Rules and Regulations, among
the employees in the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding the
date of this Direction, including any such 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 any who have since quit or been discharged for cause, to
determine whether they desire to be represented by Local 475, United
Electrical, Radio and Machine Workers of America, affiliated with the
Congress of Industrial Organizations, or by Employees Association
of A. M. & F. Co. (Independent Union), for the purposes of collective
bargaining, or by neither.
2 The Association requested that it be listed on the ballot as "Employees Association of the
A. M. & F. Co. ( Independent Union )." The U. E. objected to the inclusion of "(Independent
Union )." We find no merit to this objection , and accordingly shall designate the Association
on the ballot as requested.