De Laval Separator Co.

National Labor Relations Board - Board Decisions

Aug 6, 1942

42 N.L.R.B. 1267 (N.L.R.B. 1942)

In the Mattei of DE LAVAL SEPARATOR CO and INTERNATIONAL ASSO-
CIATION OF MACHINISTS , A F. OF L.
Case No. K--4055 -Decided August 6,19
Jurisdiction : machinery and war materials manufacturing industry
Investigation and Certification of 'Representatives : existence °of question Com-
pany doubted that either of competing oigamzations iepresented a majoiity,
election necessary
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding supervisory, clerical, and office employees, watchmen, guards,
chauffeurs, chockeis, employees in the printing department and employees in
the pattern depaitment
Mr Leon E Fay, of Poughkeepsie, N. Y., for the Company
Mr Jerome Y Sturm, of New Yoik City for the I A M.
Leider, Witt & Cammer, of New York City, by Mr. Harold I Cam-
mer, for the U A. W -C. 1. 0.
Miss 'Marcia Hertzniark, of counsel to the Boaid
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Machinists,
A F of L , herein called the I A M , alleging that a question affecting
commerce had arisen concerning the representation of employes of De
Laval Sepaiator Co, Poughkeepsie, New York, herein called the Com-
pany, the National Labor Relations Board provided for an appropri-
ate hearing upon` due notice before Sidney Reitman, Trial Examiner.
Said hearing was held at Poughkeepsie, New York, on July 17, 1942
The Company, the I A M, and International Union, United Automo-
bile, Aircraft and Agiicultural Implement Workers of America, C. I.
0, herein called the U A W -C I 0., 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 prc] u-
dicial error and are hereby affirmed On July 29, 1942, counsel,for the
42 N L R B, No 232
1267
1268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Company, the I. A M, the U A W -C I 0, and the Board entered
into two stipulations for the correction of certain errors in the tran-
script of testimony. The Board hereby orders that the stipulations be
made part of the record and that the transcript be coriected in accord-
ance with the stipulations.
Upon the entire recoid in the case, the Board makes the following:
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
De Laval Separatoi Co , a New Jeisey corporation with its principal
office in New York City, maintains a factory at Poughkeepsie, New
York, where it is engaged in the manufacture, sale, and distribution
of cream separators, milking machines, oil purifiers, other industrial
'centrifugal machines and war materials During the period from
January ,1 to July 1, 1942, it purchased moie than $100,000 worth of
raw materials, -consisting of steel, copper, cast iron, scrap, rubber,
aluminum, and tin from outside-the State of New York This amount
iepresented more than 50 percent of its total purchases of raw ma-
terials During the same period the Company shipped more than 75
percent of its products outside the State of New York The Company
admits that it is engaged in commerce within the meaning of the Na-
tional Labor Relations Act
II THE ORGANIZATIONS INVOLVED
International Association of Machinists' is a labor oiganization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America, is a labor organization affiliated with
the Congress of Industi ial OI ganizations, admitting to membership
employees'of,the Company
III THE QUESTION CONCERNING REPRESENTATION
The I. A M , by letter dated June 9, 1942, requested the Company to
meet with it for the purpose of collective bargaining on behalf of em-
ployees of the Company The Company did not reply to this letter
and, at the hearing, took the position that the U A. W.-C. I. 0 was
also organizing its employees and that it doubted that either union
i epresented a majority of the employees.
DE LAVAL SEPARATOR CO 1269
A statement of the Regional Director, introduced in evidence at the
hearing, shows that the I A M. represents a substantial number of em-
ployees in the unit hereinafter found 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 APPROPRI ITE UNIT
We find, in accordance with a stipulation of the parties, that all pro-
duction and maintenance employees of the Company, excluding super-
visory, clerical, and office employees, watchmen, guards, chauffeurs,
checkers, employees in the printing department and employees in the
pattern department, 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 find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot . The parties agreed
that a current pay roll should be used to determine those eligible to vote.
We shall direct that the employees of the'Company eligible to vote in
the election shall be those in the appropriate unit who were employed
during the pay-roll period immediately preceding the date of the Direc-
tion of Election herein, subject to the limitations ' and additions set
forth in the Direction.
We shall accord the U A W.-C I. O. a place on the ballot since it
has made some showing of membership.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relatlons^Board-by- Section 9 (c), of the National Labor Relations Act,
1 The Regional Director reported that the I A M submitted 413 application and
authorization cards , dated between April and June 1942 , all of which bore apparently
genuine, original signatures and 315 of which bore names of persons listed on the Com-
pany's pay roll of July 11 1942 This pay roll -contained the names of 1168 persons in
the unit agreed upon The U A W -C I 0 submitted 94 application and authoriza-
tion cards , all bearing apparently genuine, original signatures , and 70 bearing names of
persons listed on the Company s pay roll of July 11, 1942, in the agreed unit
The Company moved to dismiss the petition of the I A M on the ground that it had
failed to show a substantial interest The motion is hereby denied Cf Matter of
H G Hill Stores , Inc Warehouse and Local 2-7, International Longshoremen's and
Warehousemen s Union, afhated with the C I 0 , 39 N L R B 874, footnote 2, in
which we stated , " authorizations or membership cards are required , not as proof
of the precise number of employees w ho desire to be represented by a labor organization,
or as a basis for determining the appropriate representative , but simply to provide a
reasonable safeguard against the indiscriminate institution of representation proceedings
by labor organizations which might ha%e little of no niembeiship in the unit claimed
to be appropriate
1270 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and pursuant to Article III, Section 8, of National Labor Relations
Board Rules and Regulations=Series 2; as amended , it is hereby
DIRECTED that, as part of the investigation ordered by the Board 'to
ascertain representatives for the purposes of collective bargaining with
De Laval Separator Co , Poughkeepsie, New York, 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 Second Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Section 9, 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 any such employees who did not work
during said pay-roll period because they were ill or on vacation or in
the active military service or training of the United States, or tempo-
rarily laid off, but excluding any who have since quit or been discharged
for cause, to determine whether they desire to be represented by Inter-
national Association of Machinists, A F. of L., or by U A W.-C 1. 0.,
for the purposes of collective bargaining, or by neither.
MR GERARD D REILLY took no part in the consideration of the above
Decision and Direction of Election.