76 N.L.R.B. 37 (N.L.R.B. 1948)

Churchward & Co., Inc.

National Labor Relations Board - Board DecisionsFeb 9, 1948

76 N.L.R.B. 37 (N.L.R.B. 1948)

I n the Matter of CHURCHWARD & COMPANY, INCORPORATED, EMPLOYER and INDUSTRIAL UNION OF MARINE & SHIPBUILDING WORNERS OF AMERICA, CIO, PETITIONER Case No. 1-R-3868.Decided February 9, 19418 Mr. A. Klein, of New Haven, Conn., for the Employer. Mr. A. Pettis, of Boston, Mass., and Mr. E. A. ilieCrane, of New Haven, Conn., for the Petitioner. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at New Haven, Connecticut, on November 26, 1947, before Robert E. Greene, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board 1 makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER Churchward & Company,, Incorporated, a Connecticut corporation, manufactures small boats at its only plant in West Haven, Connecticut. The Employer annually purchases raw material valued in excess of $300,000, of which 90 percent represents shipments from points outside the State of Connecticut. Its annual sales exceed $750,000, of which 90 percent represents shipments to points outside tha State. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. 1 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of the undersigned Board Members [Houston, Murdock, and Gray]. 76 N. L. R B., No 4. 37 38 DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Peti- tioner 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 accordance with the agreement of the parties, that all production and maintenance employees of the Employer, including the material handler but excluding office, clerical and cafeteria employees, watchmen, the chauffeur, stock clerk, nurse, employees of the engineer- ing department, leadmen, foremen, supervisors, the superintendent and assistant superintendents, constitute a unit appropriate for the pur- poses of collective bargaining 2 within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with Churchward & Company, Incorpo- rated, West Haven, 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, 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 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, but excluding those employees who have since quit or been discharged for cause and have not been rehired.or rein- stated prior to the date of the election and any employees on strike who are not entitled to reinstatement, to determine whether or not they desire.to be represented by International Union of Marine & Ship- building Workers of America, CIO, for the purposes of collective bargaining. _ 2 Although the size of the unit petitioned for has shrunk from 306 to approximately 89 since, the filing of the petition , it appears that the , unit has been stabilized at.this smaller figure.