49 N.L.R.B. 1072 (N.L.R.B. 1943)

Easy Washing Machine Corp.

National Labor Relations Board - Board DecisionsMay 24, 1943

49 N.L.R.B. 1072 (N.L.R.B. 1943)

In the Matter of EASY WASHING MACHINE CORPORATION and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL 321, CIO Case,No. R-5250.-Decided May 24, 1943 Mr. Stewart F. Hancock, of Syracuse, N. Y., for the Company. Mr. Sidney H. Greenberg, of Syracuse, N. Y., for the Union. Miss Viola James, 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, affiliated with the Congress of Indus- trial Organizations, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees 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 Francis V. Cole, Trial Examiner. Said hearing was held at Syracuse, New York, on April 21, 1943. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. The Company filed a brief on May 3, 1943, which the Board has considered. 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 engaged in the manufacture of war materials at its plant in Syracuse, New York. During 1942 this plant used raw materials valued at approximately $3,517,000, of which approximately 82 percent, repre- 49,N. L. R. B., No. 154. 1072 EAST WAiSHING MACHINE CORPORATION -1073 sented shipments from points outside the State of New York., During the same period the Company manufactured finished products at this plant valued at approximately $10,500,000, of which approximately 92 percent represented shipments to points outside the State of New York. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED , United Electrical, Radio & Machine Workers of America, Local 321, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Union requested recognition as the exclusive representative of the Company's timekeepers. The Company refused and still refuses the request on the ground that a unit of timekeepers is inappropriate. The record discloses that the Union represents a substantial number of employees in the unit hereinafter found to be 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 APPROPRIATE UNIT The Board recently directed an election in a stipulated unit of pro- duction and maintenance employees of the Company, which excluded, among others, timekeeper;;.2 As a result of the election, the petitioner, which is the Union herein, was certified as the bargaining agent. The Union now seeks to, establish the timekeepers as an appropriate unit. The Company contends that the petition should be dismissed on the ground that the timekeepers are a part of management and are not, therefore, an appropriate unit.3 The timekeepers are located at various places in the production buildings to check the time cards of the employees as they enter and leave. They note employees who are late and file reports on absentees. They also make routine inspections to see that employees have the cor- 1 The' Trial Examiner reported at the hearing that the -Union submitted 20 application cards, dated from October 1942 to March 1943, all bearing apparently genuine original signatures and that 18 bore the names of persons on the Company ' s pay roll of April 18, 1043. which listed 39 employees in the appropriate unit. 2 Matter o f Eacy Washing Machine Corporation and United Electrical, Radio & Machine ]Yorkers of America, Local 321, CIO, 47 N L R. B 1052 ' 2 The Company also objects to the timekeepers being bargained for by the same local which bargains for the production emploNees We find no merit in this contention See Matter of Bethlehem Steel Company, Staten Island Yard and Industrial Union of Marine & Shipbuilding Workers of America, Local 12, C 1 0, 46 N L R. B. 1766: and Matter of Cramp Shipbuilding Company and Industrial Union of Marine & Shipbuilding Won ers of America , Local 1'o 42, 46 N L R B 115 1074 DECTSIONS OF NATIONAL LABOR RELATIONS BOARD rect time cards. Another of their duties is to sort and distribute.pay checks. The timekeepers are paid on an hourly rate basis. They are â€¢ under the supervision of two chief timekeepers who in 'turn are, re- sponsible to the cost accountants in the finance department. We find nothing in the duties of the 'timekeepers to warrant depriving them of their right to organization and collective bargaining guaranteed under the Act 4 However, as the chief timekeepers have the authority to recommend the hiring and discharging of employees, we shall exclude them from the unit. We find that the timekeepers of the Company, excluding the chief timekeepers, constitute a unit appropriate for the purposes-of col- lective 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 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 ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations 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 Easy Washing Machine Corporation, Syracuse, 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 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 employees who did not work during said pay-roll period because they were ill or on vacation or tempQrarily laid off, and including employees in the armed forces of the United States who present themselves in person * See Matter of United Aircraft Products , Inc and International Union, United Auto- mobile, Aircraft and Agricultural Implement Workers of America, C. 1 0., 41 N. L. R. B. 501. EASY WASHING MACHINE CORPORATION 1075 at the polls; but excluding those employees who have since quit or been discharged for cause, to determine whether or not they desire to be, represented by United Electrical, Radio & Machine Workers of America, Local 321, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election. 531647-43-vol 49-, 69