Buffalo Weaving and Belting Co.

National Labor Relations Board - Board Decisions

Apr 15, 1943

48 N.L.R.B. 1280 (N.L.R.B. 1943)

In the Matter of BUFFALO WEAVING AND BELTING COMPANY aIflI1i
UNITED RUBBER WORKERS OF AMERICA, C. I. O.
Case No. R-5136.-Decided April 15,, 1943
Jurisdiction : industrial belts, webbings, and treads manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding supervisory office, and clerical employees, and plant guards ;
agreement as to.
Mr. Lyman M. Bass, of Buffalo, N. Y., for the Company.
Mr. Herbert Welch, of Buffalo, N. Y., for the Union.
Mr. Louis Cokin, of counsel to the Boards.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Rubber Workers of America,
C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Buffalo Weaving and Belting Company, Buffalo, New York. herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Francis IT. Cole, Trial
Examiner. Said hearing was held at Buffalo, New York, on April
6, 1943. The Company and the Union appeared, participated, and
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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Buffalo Weaving and Belting Company is a New York corporation
.engaged in the. manufacture of industrial belts, cotton and jute webb-
48 N. L R. B., No. 159.
1280
BUFFALO WEAVING AND,BELTING COMPANY 1281
ings, and rubber treads. During 1942 the Company purchased raw
materials valued at about $2,000,000, approximately 85 percent of
which was shipped to it from points outside the State of New York.
During the same period the Company sold finished products valued
at about $2,500,000, approximately 85 percent of which was shipped
to points outside the State of New York. The Company admits, for
the purpose of this proceeding, that it is engaged in commerce within
the meaning of the National Labor Relations Act. '
II. THE ORGANIZATION INVOLVED
United Rubber Workers of America is a labor organization affili-
ated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During March 1943, the Union requested the Company to recog-
nize it as the exclusive representative of its employees. The Company,
refused this request until such time as the Union is certified by the
Board. ,
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be 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. TITE,APPROPRIATE UNIT
The Company and the Union agree, and we find, that all production
and maintenance employees of the Company, excluding supervisory,
office, and clerical employees and plant guards, constitute a unit appro-
priate 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 means of an election by secret ballot among
the employees 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.
1 The Field Examiner reported that the Union presented 123 authorization cards bearing
apparently genuine signatures of persons whose,names appear on the February 13, 1943,
pay roll of the Company. There are approximately 2-ti persons in the -appropriate unit.
1282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Relations
Board Rules and Regulations-Series 2, as amended; it is hereby
DIRECTED that, as part of,the investigation to ascertain representa-
tives for the purposes of collective bargaining with Buffalo Weaving
and Belting Company, Buffalo, New York, 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 Third Region, acting in
this matter as agent for the National Labor Relations Board and sub-
ject to Article III, Section 10, 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 said 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 person at the polls, but
excluding any who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by United
Rubber Workers of America, affiliated with the Congress of Industrial
Organizations , for the purposes of collective bargaining.
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