Bird Machine Co.

National Labor Relations Board - Board Decisions

Aug 5, 1944

57 N.L.R.B. 1112 (N.L.R.B. 1944)

In the Matter of BIRD MACHINE COMPANY and UNITED STEELWORKERS
of AMERICA , (C. I. 0.)
Case No. 1-R-1896.-Decided August 5,194
Mr. Allan Seseiman, of Boston, Mass., for the Company.
Grant & Angoff, by Mr. Harold Roitmnan, of Boston, Mass., for
the USA. _
Mr. Meyer Ginsberg, of Boston, Mass., for the Pattern Makers.
Miss Ruth Rusch, of counsel to the Board. -
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
(C. I. 0.), herein called the USA, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Bird Machine Company , South Walpole, Massachusetts , herein called
the Company , the National Labor Relations Board provided for an
appropriate hearing upon due notice before John W. Coddaire, Jr.,
Trial Examiner . Said hearing Was held at Boston, Massachusetts,
on July 14, 1944 . The Company , USA, and Pattern Makers League
of North America ( AFL), herein called the Pattern Makers, ap-
peared and participated . All, parties were afforded full opportunity
,to be heard , to examine and cross -examine witnesses , and to intro-
duce 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
I. THE BUSINESS OF THE COMPANY
The Bird Machine Company is a Massachusetts corporation en-
gaged in manufacturing centrifugal and shop assembly parts. Dur-
57 N. L. R. B., No. 166.
1112 -
BIRD MACHINE COIIPANY 1113
ing 1943, the Company purchased rpw materials, consisting of iron,
`steel, and copper alloy, which amounted to $1,000,000, in value.
About 25 percent of these materials was purchased outside the State
of Massachusetts. The value of the finished' products sold by the
Company during the same period amounted to $2,800,000, of which
90 percent was shipped outside the State of Massachusetts.
The Company, admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
Pattern Makers League of North America is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
0
The Company has refused to grant recognition to the USA as the
exclusive bargaining representative of its production and maintenance
employees until the USA is certified by the Board in an appropriate
unit.
A statement of a Field Examiner, introduced into evidence at the
hearing, indicated that the'USA represents a substantial number of
employees in the unit hereinafter found 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.
IV. THE APPROPRIATE UNIT
We find, in accordance with the stipulation of the parties and the
record, that all production and maintenance employees of the Com-
pany including shop clerks, shipping room clerks, truck drivers, and
the watchman,2 but excluding office and clerical employees, technical
employees of the Experimental and Test Laboratory,' pattern makers;
draftsmen, nurses, guards, executives, foremen, assistant foremen, and
all supervisory employees with authority to hire, promote, discharge,
"The Field Examiner reported that the USA subinitted 131 application-for-membership
cards bearing the names of 122 employees on the Company's pay roll' of May 28, 1944,
which listed the names of 233 employees in the appropriate unit ; 89 cards were dated April
1944, 35 were dated May 1944, and 7 were undated.
2 The record shows that the watchman does some maintenance work, and the Company
agreed to his inclusion in view of this fact.
8 The record discloses that there is one worker in the Experimental and Test Laboratory
at present who is a laborer and who is included in the bargainning unit with the production
and maintenance employees . The parties ' agreed that all the other employees in the
Experimental and Test Laboratory are technical employees
Y
-1114 DECISIONS OF NATIONAL LABOR" RELATIONS BOARD
discipline, or otherwise effect changes in the statics of employees, or
effective) 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 an election by secret ballot. The Pattern
Makers restricts its interest among'the, Company's employees to those
employed as pattern makers. ' Since pattern makers are. excluded
from the bargaining unit, herein found appropriate, we shall make
no provision for the Pattern Makers to participate 'in the election.
Those eligible to vote in- the election shall be the employees in the
appropriate unit who were employed during the pay-roll' period im-
mediately preceding the date of the Direction'of Election herein, sub-
ject 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, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations--Series 3, as amended, it is
hereby
DIRECTED that, as part of'the investigation to ascertain represents
tives for the purposes of collective bargaining with Bird Machine
Company, Soutli Walpole, Massachusetts, 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 supervi-
sion of the Regional Director for the First 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
siad 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 'p'erson at the polls, but excluding
those 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 United
Steelworkers of America, (C. I. 0.), for the purposes of collective
-bargaining.
CHAIRMAN MILLIs took no part in the consideration of the above
Decision and Direction of Election.