Economic Machinery Co.

National Labor Relations Board - Board Decisions

Oct 4, 1944

58 N.L.R.B. 712 (N.L.R.B. 1944)

In the Matter of ECONOMIC MACHINERY COMPANY and UNITED STEEL-
WORKERS OF AMERICA, C. I. O.
Case No. 1-R-2037.-Decided October l4, 1944
Mr. Ernest L. Anderson, of-Worcester, Mass., for the .Company.
Mr. Roy H. Stevens, Jr., of Worcester, Mass., for the Union.
Mr. Louis Cokin, 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 commerce
had arisen concerning the representation of employees of Economic
Machinery Company, Worcester, Massachusetts, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Leo J. Halloran, Trial Exam-
iner. Said hearing was held at Worcester, Massachusetts, on Septem-
ber 15,1944. 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 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
1. THE BUSINESS OF THE COMPANY
Economic Machinery Company is a Massachusetts corporation with
its principal place of business at Worcester, Massachusetts, where it is
engaged in the manufacture of labelers for glass containers. During
1943 the Company purchased raw materials valued at about $73,000,
approximately 75 percent of which was shipped to it from points out-
side the Commonwealth of Massachusetts. During the same period the
Company sold products valued in excess of $200;000, about 75 percent
55 N L I{ B., No 149
712
ECONOMIC MACHINERY COMPANY 713
of which was shipped to points outside the Commonwealth of Massa-
chusetts.
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 mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognizes the Union as the exclusive col-
lective bargaining representative of its employees until such time as
the Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates 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
We find, in substantial agreement with the parties, that all employees
at the Worcester plant of the Company, including working foremen,
assistant working foremen,2 planning department clerks, and the de-
velopment engineer, but excluding office clerical employees, drafting
room employees, executives, foremen, and any other supervisory em-
ployees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend 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.
'The Field Examiner reported that the Union presented 69 authorization cards There
are approximately 110 employ ees in the appropriate unit
2 The working foremen and assistant working foremen have no authority effectively to
recommend changes in the status of employees
714 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 Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Economic Ma-
chinery Company, Worcester, 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, Sections 10 and.11, of said Rules and Regula-
tions, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immedi-
ately 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 and have not been rehired or reinstated prior to the date of this
election, to determine whether or not they desire to be represented by
United Steelworkers of America, C. I. 0., for the purposes of collec-
tive bargaining.