Davis & Furber Machine Co.

National Labor Relations Board - Board Decisions

Jan 8, 1943

46 N.L.R.B. 887 (N.L.R.B. 1943)

In the Matter of DAVIS & FURBER MACHINE COMPANY and UNITED
STEELWORKERS OF AMmuoA (C. I. 0.)
Case No. R-4683.-Decided January 8, 1943
Jurisdiction : ordnance manufacturing industry.
Investigation and Certification of Representatives: existence of question : refusal
to accord recognition without certification of the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, excluding executives, supervisory employees, foremen and assistant
foremen, and office and clerical workers ; stipulation as to.
Mr. Jay Clark, Jr., of Worcester, Mass., for the- Company.
Messrs. Frederick Cohen and Jack Hurvich, both of Boston, Mass.,
for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America (C.
I. 0.), herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Davis
& Furber Machine Company, North Andover, Massachusetts, hereiii
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Thomas H. Ramsey,
Trial Examiner. Said hearing was held at Lawrence, Massachusetts,
on December 22, 1942. The Company,and the Union appeared partici-
pated, and *ere 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. On December 30,
1942, the Company filed a brief which the Board has considered.
Upon the entire record in the case, the Board makes the following :
46 N. L. R. B., No. 97.
887
888 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS or FACT
1. THE BUSINESS OF THE CO}IPAN Y
Davis & Furber Machine Company , a Massachusetts corporation,
has its principal place of business and plant at North Andover, Massa-
chusetts. The Company normally'" liianufactures, textile machinery,
but at the present time it is engaged in the production of various war.
materials under prime and subcontracts with the United States Gov-,
ernment. During 1942 substantially more than 50 percent of the
i aw materials used at its North Andover plant was obtained from
points outside the State of Massachusetts , and substantially more
than 50 percent of the guar materials manufactured by said plant 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 ORGANIZATION INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union until the Board has
certified the latter as the' representative of the Company's production
and maintenance employees.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriate 1
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
In accordance with a stipulation of the parties, we find that all pro-
duction and maintenance employees of the Company at its North Ando-
ver, Massachusetts, plant, excluding. executives, supervisory employees,
foremen and assistant foremen, and office and clerical workers, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
'The Regional Director reported that the Union submitted 285 membership cards of
which 15 were duplicates , 21' bore printed signatures , and 249 bore apparently genuine
original signatures . Of the 249 apparently original signatures , 216 were the names of
persons whose names appeared on the Company's pay roll of November 14, 1942. Said
pay roll contained 676 names , 617 of which were in the appropriate unit
DAVIS & FURBER MACHINE, COMPANY 889
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by- an election by secret ballot among the -em-
ployees in the - appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in'the
Direction .
DIRECTION OF ELrCTION
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 Davis & Furber
Machine Company , North Andover, 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 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 Steelworkers of America,
affiliated with the Congress of Industrial Organizations , for the pur-
poses of collective bargaining..