Charles Parker Co.

National Labor Relations Board - Board Decisions

Feb 2, 1945

60 N.L.R.B. 338 (N.L.R.B. 1945)

In the Matter Of CHARLES PARKER COMPANY and UNITED ELECTRICAL,
RADIO & MACHINE WORKERS OF AMERICA, C. I. O.
Case No. 1-R-2912.-Decided February 2, 1945
Mr. J. S. Whiteside, Jr., of New Haven, Conn., for the Company.
Mr. Joseph Gaiazza, of New Haven, Conn., and Mr. Joseph Gruber,
of Bridgeport, Conn., for the Union.
Mr. Louis Cokin, of counsel'to the Board.
DECISION
AND
DIRECTION OF ELECTION
a
STATEMENT OF THE CASE
Upon petition duly filed by'United Electrical, Radio & Machine
Workers of America, C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Charles Parker Company, Meriden, Connecticut, here-
in called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Leo J. Halloran,
Trial Examiner. Said hearing was held at Meriden, Connecticut, on
January 11, 1945. The Company and the Union, appeared, partici-
pated, 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. 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
Charles Parker Company is a Connecticut corporation with its prin-
cipal place of business at Meriden, Connecticut, where it is.,engaged
in the manufacture of machine tools, light fixtures, urns, and vises.
The Company purchases raw materials valued in excess of $400,000
60 N. L. R. B., No. 69.
338
CHARLES PARKER COMPANY 339
annually, about 52 percent of which is shipped to it from points
outside the State of Connecticut. During the same period, the Com-
pany sells products valued in excess of $1,500,000, approximately 63
percent of which is shipped to points outside the State of Connecticut.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
11. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUES1ION CONCERNING REPRESENTATION
On November 28, 1944, the Union requested the Company to recog-
nize it as exclusive bargaining representative of the Company's em-
ployees. 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
evidence at the hearing, indicates that the Union represents a sub
stantial 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. THE APPROPRIATE UNIT
We find, in agreement with the parties, that all production and
maintenance, employees of the Company, including shipping and
receiving employees and set-up men, but excluding clerical employees,
engineering department employees, watchmen, guards, foremen, sub-
foremen, working foremen, and 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 means of an election by secret ballot among
1 The, Field Examiner reported that the Union presented 225 authorization cards There
are ap aroximately 455 employees in the appropriate unit.
340 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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.
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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Charles Parker
Company, Meriden, 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 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 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
and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether or not they desire to be represented by
United Electrical, Radio & Machine Workers of America, C. I. 0., for
the purposes of collective bargaining.