Blackstone Manufacturing Co.

National Labor Relations Board - Board Decisions

Jun 24, 1938

7 N.L.R.B. 1169 (N.L.R.B. 1938)

in the Matter of BLACKS'I'ONE MANUFACTURING COMPANY and INTER-
NATIONAL ASSOCIATION OF MACHINISTS, LODGE 1240, AFFILIATED WITH
THE AMERICAN FEDERATION OF LABOR
Case No. R-758.-Decided June 24, 1938
Laundry Machinery Manufacturing Industry-Investigation or Representa-
tives: controversy concerning representation of employees : employer ' s refusal
to recognize union as sole bargaining agency until question of representation
is determined by Board-Uni: Appropriate for Collective Bargaining : all em-
ployees, except supervisory and clerical workers ; no controversy as to-Rep-
resentatives : proof of choice: union authorization cards-Certification of
Representatives : upon proof of majority representation.
Mr. Peter J. Crotty and Mr. Edward D. Flaherty, for the Board.
Mr. Russell Rogerson, of Jamestown, N. Y., for the Company.
Mr. M. A. Bissell, of Jamestown, N. Y., for the Association.
Mr. David Rein, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On March 23, 1938, International Association of Machinists, Lodge
1240, affiliated with the American Federation of Labor, herein called
the Machinists, filed with the Regional Director for the Third Re-
gion (Buffalo, New York) a petition alleging that a question affect-
ing commerce had arisen concerning the representation of employees
,of Blackstone Manufacturing Company, Jamestown, New York,
herein called the Company, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat.. 449, herein called the Act.
,On April 25, 1938, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, of National Labor Relations Board Rules
.and Regulations-Series 1, as amended, ordered an investigation
ttnd authorized the Regional Director to conduct it and to provide
for an appropriate hearing.
1169
1170 NATIONAL LABOR RELATIONS BOARD
On May 4, 1938, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Ma-
chinists. Pursuant to the notice, a hearing was begun on May 13,
1938, at Jamestown, New York, before Wright Clark, the Trial Ex-
aminer duly designated by the Board. Due to the illness of the Trial
Examiner the hearing was adjourned on May 14 and resumed on May
20 at the same place before Webster Powell, the Trial Examiner
duly designated by the Board to replace Wright Clark. The Board,
the Company, and the Machinists were represented by counsel and
participated in the hearing. Full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues was afforded all parties. During the course of the
hearing the Trial Examiner made several rulings on motions and ob-
jections to the admission of evidence. The Board has reviewed these
rulings and finds that no prejudicial errors were committed. The
rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Company is a corporation organized under the laws of the
State of New York. It is engaged in the manufacture of laundry
appliances. The respondent uses as raw materials tubs, ringers,
rubber goods, and sheet metal. More than 50 per cent of these ma-
terials are obtained from outside the State of New York. The
Company advertises its products in the trade journal "Electrical
Merchandising," which has a national circulation, and more than 50
per cent of the Company's finished products are sold outside of the
State of New York.
II. THE ORGANIZATION INVOLVED
• International Association of Machinists , Lodge 1240, is a labor
organization affiliated with the American Federation of Labor. The
Machinists admits to membership all production and maintenance
workers "employed by the Company , and includes within its defini-
tion of production and maintenance workers all employees of the
Company with the exception of supervisory and clerical employees.
III. THE QUESTION CONCERNING REPRESENTATION
On April 15, 1938, the Machinists sent a registered letter to the
Company requesting it to meet with the Machinists as the sole bar-
gaining agency for all production and maintenance workers employed
DECISIONS AND ORDERS 1171
by the Company. The Machinists received no reply from the Com-
pany to this request. At the hearing the Company stated that it
desired a determination of the representatives of its employees by an
election conducted by the Board.
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States,
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The president of the Machinists testified that an appropriate bar-
gaining unit should include all production and maintenance work-
ers, which he defined as all the employees of the Company, except
supervisory and clerical workers. It appears that no other labor
organization either claims jurisdiction over any of the Company's
employees or has attempted to organize them. The Company did not
dispute the position of the Machinists as to the appropriate unit.
We find that all the employees of the Company, except supervisory
and clerical employees, constitute a unit appropriate for the pur-
poses of collective bargaining and that said unit will insure to the
employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate
the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
At the hearing the president of the Machinists testified that on
March 23, 1938, the Company had in its employ 163 employees, 13
of whom were clerical and supervisory employees. He further tes-
tified that on May 11 there were 123 persons in the Company's
employ, including 12 supervisory and clerical employees. These
figures were based on a count made by the witness on these dates
of the employees' cards kept by the respondent in a rack near the
time clock. The Company introduced no evidence to challenge this
testimony. Moreover, it refused to produce any pay-roll lists at
the hearing. Under these circumstances we will adopt the figures
of the president of the Machinists as accurate.
1172
NATIONAL LABOR RELATIONS BOARD
t
The Machinists introduced in evidence 121 cards signed by em-
ployees authorizing the Machinists to represent them for the pur-
poses of collective bargaining. All the cards were signed within a
period of 2 weeks prior to the hearing. Two officers of the Ma-
chinists testified that they personally witnessed the signing of all the
cards. This testimony was not contradicted by the Company. Coun-
sel for the Company refused to examine the cards, but requested the
issuance of subpenas for the 121 persons whose names appeared on
the cards. The Trial Examiner took this request under advisement.
In view of the Company's refusal to examine the cards, its failure
to contradict the testimony as to the genuineness of the signatures,
and its refusal to produce a pay roll against which the cards could
be checked, we feel that its request for subpenas was made merely to
obstruct the proceeding. Its request is hereby denied. '
The evidence shows that a majority of the employees in the ap-
propriate unit have designated the Machinists as their bargaining
representative, whether we take the number of employees on March
23, 1938, or May 11, 1938. As of the former date, 121 out of 150
employees in the appropriate unit have designated the Machinists as
their bargaining representative. As of the latter date, uncontradicted
evidence shows that at least 90 out of 111 employees in the appro-
priate unit have designated the Machinists as their bargaining
representative.
We find that the Machinists has been designated and selected by
a majority of the employees in the appropriate unit as their repre-
sentative for the purposes of collective bargaining. It is, therefore,
the exclusive representative of all the employees in such unit for the
purposes of collective bargaining, and we will so certify.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CON cLusIONs OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Blackstone Manufacturing Company,
Jamestown, New York, within the meaning of Section 9 (c) and Sec-
tion 2 (6) and (7) of the National Labor Relations Act.
2. All the employees of Blackstone Manufacturing Company, ex-
cept supervisory and clerical employees, constitute a unit appropriate
for the purposes of collective bargaining, Within the meaning of Sec-
tion 9 (b) of the National Labor Relations Act.
3. International Association of Machinists, Lodge 1240, is the ex-
clusive representative of all the employees in such unit for the pur-
poses of collective bargaining, within the meaning of Section 9 (a)
of the National Labor Relations Act.
DECISIONS AND ORDERS
CERTIFICATION OF REPRESENTATIVES
1173
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
IT Is HEREBY CERTIFIED that International Association of Machinists,
Lodge 1240, has been designated and selected by a majority of all the
employees of Blackstone Manufacturing Company, Jamestown, New
York, except supervisory and clerical employees, as their representa-
tive for the purposes of collective bargaining and that, pursuant to
the provisions of Section 9 (a) of the Act, International Association
of Machinists , Lodge 1240, is the exclusive representative of all such
employees for the purposes of collective bargaining in respect to
rates of pay , wages, hours of employment , and other conditions of
employment.