Bird Machine Co.Download PDFNational Labor Relations Board - Board DecisionsAug 5, 194457 N.L.R.B. 1112 (N.L.R.B. 1944) Copy Citation 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. Copy with citationCopy as parenthetical citation