Easy Washing Machine Corp.

National Labor Relations Board - Board Decisions

Feb 25, 1943

47 N.L.R.B. 1052 (N.L.R.B. 1943)

v
In the Matter of EASY WASHING MACHINE CORPORATION and UNITED
.CIO
, Case No. R-4878.-Decided February 25, 1943
Jurisdiction : ordnance manufacturing industry
Investigation and Certification of Representatives : existence of question : agree-
ment as to ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at one plant of company, excluding specified employees; stipulation
as to.
Hancock, Dorr, Ryan, and Shove, by Mr. Carl E. Dorr and Mr.
Stewart F. Hancock, of Syracuse, N. Y., for the Company.
Mr. David Scribner, of New York City, and Mr. Sidney Greenberg
and Mr. Willard Bliss, of Syracuse, N. Y., for the U. E. R. M.
Mr. Donald P..Gorman, of Syracuse, N. Y., for the Association.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio & Machine
Workers of America, Local 321, CIO, herein called the U. E. R. M.,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Easy Washing Machine Corporation,
Syracuse, New York, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Peter J. Crotty, Trial Examiner. Said hearing was held at
Syracuse, New York, on February 8, 1943. At the commencement of
the hearing, the Trial Examiner granted a motion of -Easy Washer
Employees Association, herein called the Association, to intervene.
The Company, the U. E. R. M., and the Association 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.
47 N. L. R. B., No. 135.
1052
ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL 324
EASY WASHING MACHIN'E%=,CORPORATION°' 1053
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Easy Washing Machine 'Corporation is a Delaware corporation
with its principal place of business at Syracuse, New York, where it is
engaged at the present in the manufacture of war material. During
1942, the Company used raw materials at its Syracuse plant valued
at about $3,517,000, approximatelyn82 percent of . which was shipped
to 'it' from points outside the State of New York. During the same
period the Company manufactured products at its Syracuse plant
valued at about $10,500,000, approximately 92 percent of which was
shipped to points outside the State of New York. The Company
admits, for the purposes of this proceeding, that it is engaged in
commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Electrical, Radio & Machine Workers of America, Local
321, is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.
gani-Easy Washer Employees Association is an unaffiliated labor,-or
zation, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
All parties agreed at the hearing that an election by secret ballot is
necessary to determine the bargaining agent of ' the Company's
employees. -
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 accordance-with a stipulation of the parties, that all
production and maintenance employees at the Syracuse plant of the
Company, excluding foremen, assistant foremen, supervisors, United
States, Ordnance inspectors, time-study men, timekeepers, watchmen,
guards, and 'clerical and confidential employees, constitute a unit ap-
propriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Act.
c
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
1054 DECISIONS OF NATIONAL LABOR RELATION'S, BOARD
The Company contends that no election should be held until April
15, 1943, because the Company is at present in the process of retooling
its plant and that an election would disrupt its progress. The Asso-
ciation urges that the election be held around March 16, 1943. The
U. E. R. M. urges that an election be held as soon as possible. No
persuasive reasons appear why we should depart from our usual prac-
tice. Accordingly, we shall direct that an election be held as early
as possible, but not later than thirty (30) days from the date of the
Direction of Election herein.
We shall direct that the employees eligible to vote in the election
shall be those within the appropriate unit who were employed during
the pay-roll period immediately preceding the date of the Direction;
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 Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that,; as part of the investigation to ascertain representa-
tiyes, for.the purposes Of collective. bargaining with Easy Washing
Machine Corporation, Syracuse, New York, an election by secret bal
lot shall be conducted as early as possible, but not later than thirty
(30) days from the date of this Direction, under the direction and su-
pervision of the Regional Director for the Third 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 any such employees who did not work
during said pay-roll period, because they were ill or on vacation or
temporarily laid. off, and including.eniployees'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 they desire to be represented by United Electrical,
Radio & Machine Workers of America, Local 321, affiliated with the
Congress of Industrial Organizations, or by Easy Washer Employees
Association-, for the purposes of collective bargaining, or by neither.
c MR. Wnr. M. LEIsERsoN took no part in the consideration of the above
Decision and Direction of Election.