76 N.L.R.B. 934 (N.L.R.B. 1948)

Arnold Brilhart, Ltd.

National Labor Relations Board - Board DecisionsMar 23, 1948

76 N.L.R.B. 934 (N.L.R.B. 1948)

Iii the Matter of ARNOLD BRTLIIART , LTD., EMPLOYER cml FEDERAL. LABOR UNION, LOCAL No. 21863, AFL, PETITIONER Case No. 2-RC-78.Decided March 23, 1948 Mr. Victor D. Werner, of New York City , for the Employer. Mr. John L. Makow.a :ski, of Long Island City , N. Y., for the Peti- t loner. Mr. Janes J. Burke , of New York City , for the American Feder- ation of Labor. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at New York City, on January 15, 1948, before Leonard J. Lurie, hearing officer.' The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT 1. THE BUSINFSS OF THE EMPLOYER Arnold Brilhart, Ltd., is a New York corporation incorporated on September 27, 1943, and engaged in the manufacture and fabrication of plastic products and molds at Mineola, Long Island, New York. The principal raw materials used by the Employer consist of plastics, powders, metals, insets, and related items. During the year 1947, the Employer purchased raw materials valued in excess of $50,000, approximately 50 percent of which was received froln points outside the State of New York. During the same period, the Employer sold finished products valued in excess of $100,000, approximately 50 per- cent of which was sold or shipped outside the State of New York. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. 1 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the National Labor Relations Board has delegated its powers in connection with this case to a three-roan panel consisting of the undersigned Board Members [Houston, Reynolds, and Gray] 76 N. L. R. B, No. 127. 934 ARNOLD BRILHART, LTD. 935 II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representatives of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce exists concerning the -representation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find that a question affecting commerce exists concerning the parties at the hearing, that all production, maintenance, shipping and receiving employees, including employees in the inspection depart- ment and leadmen, but excluding office and clerical employees, guards, professional employees, and supervisors as defined in the Act, con- stitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Arnold Brilhart, Ltd., Mineola, Long Island, 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 Sections 203.61 and 203.62, of National Labor Relations Board Rules and Regulations- Series 5, 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 employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, but excluding those employees who have since quit or been discharged for cause and have not been rehired or re- instated prior to the date of the election, and excluding employees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented by Federal Labor, Union, Local No. 21863, AFL, for the purposes of collective bargaining.