Bulova Watch Co., Inc.

National Labor Relations Board - Board Decisions

Apr 29, 1944

56 N.L.R.B. 114 (N.L.R.B. 1944)

In the Matter of BuroyA WATCH COMPANY, INC., and INTERNATIONAL
JEWELRY WORKERS UNION (A-F. OF L-)
Case No. ^-R-4966.Decided April ^?9, 1944'
Messrs. Sanford H. Cohen and Henry H. Silverman, of New York '
City, for the Company.
Louis Waldman, by Mr. Herman Waldman; Messrs. Leon Williams
and Hyman Palatnik, of New York City, for the A. F. of L.
Mr. Milton Friedman, of New York City,' and Messrs. Abraham
Kailes and Gerald J. Murphy,.of Woodside, N. Y., for the Independent.
Mr. Seymour' J. Spelman, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon an amended-petition duly filed by International Jewelry
Workers Union (A. F. of L.), herein called the A. F. L., alleging that'
a question affecting commerce had arisen concerning the representa-
tion. of employees of Bulova 'Watch Company, Inc., Woodside, New
York, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before David H.
Werther, Trial Examiner. Said hearing was held at Brooklyn, New
York, on March 16 and 17, 1944, and at New York City on March 21,
22, and 23,1944. The Company, the A. F. L., and Independent Jewelry
Workers Industrial Union, ,herein called the Independent, 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 reserved ruling
upon the motion of the Company to dismiss the petition on the ground
that neither union has made a sufficient prima facie showing of repre-
sentation to warrant an election. For reasons set forth in Section III;
infra, said motion is hereby granted. 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. -
56 N L R. B, No 22. -
.114 -
BULOVA WATCH COMPANY, INC. ' 115
Upon the entire -record in the case, the Board makes the following :
FINDINGS OF FACT
1. TIIE BUSINESS OF THE COMPANY -
Bulova Watch Company, Inc., a'New York corporation with prin-
cipal offices in ' New York City; operates plants' at 'Woodside, Long
Island City, Valley Stream, and Sag Harbor, on Long Island, Neiv
York, where it is engaged in the production of 'timepieces, aviation,
instruments, and other materials for the armed forces. The Com-
pany's annual purchases of raw materials are in excess of $500,000,
approximately 50 percent of which is shipped from points outside the
State of New York. The annual production of the Company exceeds
$2,000,000 in value,-of which approximately 50 percent i's'shipped-t6.
points outside the State of New York. ,
The Company admits, and we find, that it is engaged in commerce.
within the meaning of the National Labor Relations Act.
TI., THE ORGANIZATIONS INVOLVED
International Jewelry Workers Union, affiliated with the American
Federation of Labor, is a labor organization admitting to membership
employees' of the Company.
Independent Jewelry Workers Industrial Union is an untiffiliated,
labor organization admitting to membership employees of the
Company.'
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION
The parties stipulated that the Company received a letter from the
A. F. L., dated September 14, 1943, wherein the Union claimed to
represent certain of the Company 's employees and requested a col-
lective , bargaining c0onference - and that the Company failed to make
any reply.
An examination of the evidence upon which the unions ' representa-
tion claims rest leads us to conclude that no sufficient prima facie
showing has been made of representation among the employees in the
alleged appropriate unit to warrant an election at the present time.
A statement prepared by a Field Examiner of the Board and intro-
duced in evidence at the hearing discloses that the A. F. L. submitted
287 application -for-membership cards, of which 2 are duplicates. The
Independent submitted 228 application cards. The Company's pay
roll for the week ending March 5, 1944 , contains the names of 1,610'
persons in the alleged appropriate unit. The A. F. L. has thus made
a showing of less than 18 percent , and the Independent , only 14 per-
116_ DECISIONS- OF NATIONAL LABOR RELATIONS' BOARD
-cent. . These,showings are insufficient to raise a question of represen-
tation and we shall therefore order the petition dismissed, without
prejudice.'
ORDER
Upon the basis. of the above, findings, of fact and upon, the-entire
record in the case, the National Labor Relations Board hereby orders
that the petition for investigation and certification of representatives
of employees of Bulova Watch Company, Inc., Woodside, New York,
filed by International Jewelry Workers Union (A. F. of L.), be, and it
hereby is, dismissed without prejudice.
' See Matter of American Manufacturing Company, 41 N. L. R. B. 995; Matter of Union
Hardware and Metals Company, 31 N. L. R. B. 710; and Matter of Ingersoll -Rand Company,
55, N. L . R. B. 14.
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