Bird Machine Co.

National Labor Relations Board - Board Decisions

May 8, 1946

67 N.L.R.B. 1246 (N.L.R.B. 1946)

In the Matter of BIRD MACHINE COMPANY and UNITED STEELWORKERS
OF AMERICA (C. I. 0.)
Case No. 1-R-2943.-Decided May 8,1946
Mr. Alan Seserman, of Boston, Mass., and Warner, Stackpole, Stet-
son c Bradlee, by Mr. Richard J. Walsh., of Boston, Mass., for the
Company.
Grant ct Angoff, by Mr. Harold B. Roitman, of Boston, Mass., for
the Union.
Mr. Harvey B. Diamond, 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. 1. 0.), herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Bird Machine Company, Walpole, Massachusetts, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Robert E. Greene, Trial
Examiner. The hearing was held at Boston, Massachusetts, on April
8, 1946. The Company and the Union appeared and participated.
All parties were afforded, 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 were
afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Bird Machine Company is a Massachusetts corporation having its
plant and principal place of business in Walpole, Massachusetts,
where it is engaged in the manufacture of centrifugal machines and
machine assembly parts. During 1945 the Company purchased raw
67 N L R. B., No 164
1246
BIRD MACHINE COMPANY 1247
materials in excess of $1,000,000, approximately 25 percent of which
was shipped to the Company's plant from points outside the Com-
monwealth of Massachusetts, and sold finished products valued in
excess of $2,800,000, approximately 90 percent of which was shipped
to points outside the Commonwealth of Massachusetts.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Steelworkers of America is a labor organization, affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees until the Union
has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees 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 accord with the stipulation of the parties, that all pro-
duction and maintenance employees, including shop clerks, shipping
room clerks, truck drivers, and watchmen, but excluding office and
clerical employees, technical employees of the experimental and test
laboratory, pattern makers, draftsmen, nurses, guard, executives, fore-
men, assistant foremen, and all or 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 an election by secret ballot among employees
'The Field Examiner reported that the Union submitted 127 membership applications,
St bearing the names of emploNees listed on the Company's pay roll. At the hearing the
Union submitted to the Trial Examiner 4 additional cards bearing names of employees
appearing on the pay roll of March 10, 1946.
There are approximately 234 employees in the appropriate unit
1248 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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.
The Company requests that the Board vary its usual practice and
direct that the election be conducted at the plant of the Company. The
Union opposes the request of the Company and urges that the election
be held outside the plant. Inasmuch as the Regional Director is au-
thorized to conduct elections in such manner as he deems advisable
and expedient under the circumstances presented, we shall leave the
determination of the site where the election is to be conducted to the
Regional Director's discretion 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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Bird Machine
Company, 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 supervision
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
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 temporar-
ily laid off, and including employees in the armed forces of the United
States who present themselves in person 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 purpose of collective
bargaining.
2 Matter of Albers Super Markets , Inc., 61 N . L. R. B. 1101.