76 N.L.R.B. 1216 (N.L.R.B. 1948)

Bridgeport Machines, Inc.

National Labor Relations Board - Board DecisionsApr 7, 1948

76 N.L.R.B. 1216 (N.L.R.B. 1948)

In the Matter of BRIDGEPORT MACHINES , INC., EMPLOYER and INTER- NATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, UAW-CIO, REGION 9A, PETI- TIONER Case No. 2-RC-104.-Decided April 7,1948 Mr. Benjamin Rubenstein, of New York City; and Mr. Myron Dmyterko, of Bridgeport, Conn., for the Petitioner. Pullman d Comley, by Mr. Arthur M. Comley and Mr. William, Makepeace, of Bridgeport, Conn., for the Employer. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Bridge- port, Connecticut, on February 4, 1948, before Leonard J. Lurie, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. On the entire record in the case, the National Labor Relations Board 1 makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER Bridgeport Machines, Inc., is engaged in the manufacture of ma- chine tools and accessories at its plant in Bridgeport, Connecticut. During 1947 the Employer purchased raw materials, including iron and aluminum castings and electric motors, valued at more than $500,000, 15 percent of which was received from places outside the State of Connecticut. For the same period the value of sales by the Employer of finished products, milling machines and attachments, ex- ceeded $1,000,000, 90 percent of which was shipped to points outside the State of Connecticut. 3 Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three -man panel consisting of Chairman Herzog and Members Reynolds and Murdock. 76 N. L. R. B., No. 172. 1216 BRIDGEPORT MACHINES, INC. 1217 The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. U. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. We find that a question affecting commerce exists concerning the representation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find in agreement with the parties that all the Employer's pro- duction and maintenance employees, including stock room employees, tool clerks, and sweepers, but excluding office clerical employees, fore- men, executives, officers of the company, and all guards, professional employees, and supervisors as defined in the Act, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Bridgeport Machines, Inc., Bridgeport, Connecticut, 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 Second Region, and subject to Sections 203.61 and 203.62, of National Labor Relations Board Rules and Regulations- Series 5, among the employees in the unit found appropriate in Sec- tion IV, above, who were employed during the pay-roll period imme- diately 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 temporarily laid off, 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, and also excluding em- 1218 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ployees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented by International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, UAW-CIO, Region 9A, for the purposes of collective bargaining. MEMBER REYNOLDS took no part in the consideration of the above Decision and Direction of Election.