Cole-Hersee Co.

National Labor Relations Board - Board Decisions

May 18, 1944

56 N.L.R.B. 653 (N.L.R.B. 1944)

Ill the Matter of COLE-HERSEE COMPANY and INTERNATIONAL BROTHER-
HOOD OF ELECTRICAL WORKERS, A. F. OF L.
Case No. 1-R-1796.-Decided May 18,1944
Messrs. Benjamin Levin and Edward L. Schwartz, of Boston' , Mass.,
for the Company.
Mr.'John J. Regan, of Boston, Mass., 'for the I; B. E. W.
Messrs. Leonard C. Lewin and Arthur R. Hannigan, of Boston,
Mass., for the U., E.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF. ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Brotherhood of Electrical
Workers, A. F. of L., herein called=the I. B. E. W.,.alleging that a
question affecting commerce had arisen 'concerning the representation
of employees of Cole-Hersee Company, South Boston, Massachusetts,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Leo J. Hal-
loran, Trial Examiner. Said hearing was held at Boston, ,Massachu-
setts, on March 17, 1944. The Company, the I. B. E. W., and United
Electrical, Radio & MachineWorkers of America, C. 1. 0., herein called
the U. E., 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.
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
I. THE BUSINESS OF'THE COMPANY
Cole-Hersee Company is a Massachusetts, corporation operating a
plant at South Boston, Massachusetts, where it is engaged in the manu-
facture' of electric switches and other devices used in military vehicles.
56 N. L . R. B., No. 126.
653
654 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
During 1943 the Company, purchased raw materials valued in excess
of $1,000,000, approximately 90 percent of which was shipped to 'it
from points outside the State of Massachusetts. During the same pe-
riod the Company manufactured products valued in excess of $1,000,-
000, about 90 percent of which was shipped to points outside the State
of Massachusetts.
The'Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Electrical Workers is ,a labor organ-
ization affiliated with the American Federation of Labor, admitting
to membership employees of the Company. -
United Electrical, Radio & Machine Workers of Anerica is a labor
organization affiliated with-the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On 'February,,21, 1944, the I. B. E. W. ' requested the; Company to
recognize it as the exclusive collective bargaining representative of
the Company's employees., The Company refused this request until
such time as the I. B. E. W. is certified by the Board.
On May 19, 1941, the Company and the U. E. entered into an exclu-
sive bargaining contract. The contract expired on March 31, 1943.
Prior to the expiration of the'contract, 'the Company and the.U. E.
entered into negotiations with respect to a new agreement and certain
disputed terms of the, proposed new contract are pending before the
`National Wa'r Labor; Board. However, no new agreement between
the U: E. and the Company has ever been-sigiied. The U. E. contends
that its contract of May 19, 1941, together with the negotiations for a
new,agreement, constitute a bar to the present proceeding. A'collec-
tive-bargaining agreement which has not been reduced to writing and
signed does'not constitute a bar to a determination of representatives.'
,This case is not comparable to those recent cases in which we declined
to order'an election where, shortly following certification or recogni-
tion and prior to obtaining a contract', the recognized representative
resorted to the processes of the National War Labor Board.2, Thus,
we find there is nothing to preclude a present determination, of
representatives.
A statement of a Field Examiner of the Board, introduced into'
evidence at the hearing, indicates "that the I. B. E. W. represents, a
1 Matter of Eicor, Inc., 46 N. L R B 1035
a See Matter of MacClatchtie Manufdcturing Qompany, 53 N' L. R, B. 1268 , and cases
therein cited.
COLE-HERSEE COMPANY 655
substantial number of employees in the unit hereinafter found to be
appropriate.3
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
The I: B. E. W. urges that all employees of the Company, excluding
executives, supervisors, office and clerical employees, and guards, con-
stitute an appropriate unit. The Company stated that it agreed with
this contention. The 'only controversy with respect to the unit con-
cerns guards. The U. E. would include this class of employees in the
unit. ,
The Company employs two guards who were hired at the request of
the United States Army Ordnance Department. They carry firearms
and are stationed at the entrances to the plant. The Company did
not employ any guards at the time it entered into the 1941 agreement
with the U. E. and the U. E. did not attempt to bargain on behalf of
such employees during the life of that contract. Under all the circum-
stances, we shall exclude the guards from the unit.
We find that all employees of the Company, excluding executives,
office and clerical employees, guards, and all supervisory employees
who have the authority to hire, promote, discharge, discipline, or oth-
erivise effect changes in the status of employees, or effectively recom-
mend 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'
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.'
a The Meld Examiner reported that the I B E W. presented 170 authorization cards
-There are approximately 275 employees in the appropriate unit. The U E did not present
any evidence ' of represenlation but relies upon the abo%e-mentioned contract as evidence
of its interest in the instant proceeding
i On or about April 3, 1944, the U E filed a motion requesting that no election be
ordered until on or after May 17, 1944, on the ground that not until then would the effects
of alleged unfair labor practices be dissipated The U E. filed charges on March 11, 1944,
which \\eie settled by stipulation on March 17, providing for the posting of notices by the
Company for 60 days and the withdrawal of the charges upon expiration of that period.
The Regional Director has reported that the Company has' complied with the settlement
agreement An election , therefore , may appropriately be held
656 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 Rela-
tions Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, . as, part of the investigation to ascertain representa-
tives for the purposes 'of collective'bargaining with Cole -Hersee Com-
pany, South Boston, Massachusetts , 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 Ar-'
title 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 iii 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 ,election, to determine
whether they desire to be represented by International Brotherhood
of Electrical Workers, A .. F. of L ., or by United , Electrical , Radio
Machine Workers of America, C.I. O.,'for,the purposes of collective,'
bargaining , or by neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.