Atlas Tool Works

National Labor Relations Board - Board Decisions

May 23, 1945

61 N.L.R.B. 1407 (N.L.R.B. 1945)

In the Matter of ATLAS TOOL WORKS and DISTRICT' 50, UNITED MINE
WORKERS OF AMERICA
Case No. 2-R-5K528.Decided May 23, 1945
Mr. J. S. Whiteside, Jr., of New Haven, Conn., and Mr. Carl Helge
Johnson, of Bridgeport, Conn., for the Company.
Mr. Kenneth S. Meyer, of Bridgeport, Conn., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by District 50, United Mine Workers of
America, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Atlas Tool Works, Bridgeport, Connecticut, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Leon Novak, Trial Examiner.
Said hearing was held at Bridgeport, Connecticut, on April 30, 1945.
The Company and the Union appeared, participated, and were af-
forded 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 we're afforded opportunity
to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
.I. THE BUSINESS OF THE COMPANY
Atlas Tool Works is a Connecticut corporation engaged in the man-
ufacture of molds and dies at Bridgeport, Connecticut. During 1944
the Company used raw materials valued in excess of $5,000, 10 percent
of which was shipped to it from points outside the State of Con-
necticut. During the same period the Company sold,products valued
61 N. L . R. B., No. 227.
1407
1408 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in excess of $250,000, about 33 percent of which was shipped to points
outside the State of Connecticut.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
District 50, United Mine Workers of America, is a labor organiza-
tion admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive collec-
tive bargaining representative of its employees until such time as the
Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate.'
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.
IT. THE APPROPRIATE UNIT
We find, in agreement with the parties, that all production and main-
tenance employees of the Company, excluding clerical employees,
foremen, and any other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective 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 means of an election by secret ballot among
the employees in the appropriate unit who were employed during
the pay-roll period immediately preceding the date of the Direction
of Election herein, subject to the limitations and additions set forth
in the Direction.
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,
1 The Field Examiner reported that the Union presented 37 authorization cards There
are approximately 40 employees in the appropriate unit.
ATLAS TOOL WORKS 1409
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Atlas Tool Works,
Bridgeport, Connecticut; an election by secret ballot shall be con-
ducted 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, Sections 10 and 11, 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 employees who did not work during
the said pay-roll period because they were ill or on vacation or tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding any 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 District
50, United Mine Workers of America, for the purposes of collective
bargaining.