Ekco Products Co.

National Labor Relations Board - Board Decisions

Mar 11, 1947

72 N.L.R.B. 1058 (N.L.R.B. 1947)

In the Matter of EKco PRODUCTS COMPANY, EMPLOYER and INTER-
NATIONAL ASSOCIATION OF MACHINISTS, PETITIONER
Case No. 1-R-3302.Decided March 11, 194
Pouzzen, Hadden, Kopkind cf Hadden, by Mr. Bernard P. Kop-
kind, of New Haven, Conn., for the Employer.
Mr. Harold Reardon, of Boston, Mass., for the Petititioner.
Mr. Jerry Wohlgnuth, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at New
Haven, Connecticut, on October 17, 1946, before Sam G. Zack, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
At the hearing the Employer moved that the petition be dismissed
on the ground that the Petitioner sought a different unit than that set
forth in its petition. Ruling on the motion was reserved for the Board.
At the hearing, leave was granted to amend the petition relative only
to the physical location of certain employees sought to be included in
the unit. Inasmuch as the Employer had full opportunity to litigate
all unit issues raised by the amended petition, we hereby deny its
motion to dismiss the petition.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
The Employer, a Maryland corporation, operates a plant in New
Haven, Connecticut, where it is engaged in the manufacture of stain-
less steel flatware. During the last year, the Employer purchased raw
materials for use at this plant valued at approximately $100,000, more
than 25 percent of which was shipped from outside the State of Con-
necticut. During the same period, the Employer manufactured fin-
ished products valued in excess of $100,000, substantially all of which
was sold and shipped by it outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
72 N. L. R. B., No. 183.
1058
EKCO PRODUCTS COMPANY 1059
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization claiming to represent
employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer , within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Petitioner seeks a unit comprised of all die makers, machinists,
maintenance men, and apprentices in the Employer's machine shop,
and all die sinkers and apprentices. The Employer generally opposes
the unit sought by the Petitioner but takes no position as to what
constitutes an appropriate unit.
The record discloses that the employees in the unit sought by the
Petitioner are under separate supervision and are engaged solely in
highly skilled maintenance work involving die cutting, and the crea-
tion of new fixtures, dies, tools, and repair machines. Except for
the machine maintenance men, who occasionally go to the production
department for purposes of repairing and removing defective parts,
these employees perform work separate and apart from the production
employees. They are compensated on an hourly rate basis as distin-
guished from the greater portion of production workers, who are paid
on a piece-rate basis. There is no interchange between these em-
ployees and other employees in the plant. We have often found that
such employees constitute a skilled and functionally cohesive group,
traditionally represented by craft organizations for the purposes of
collective bargaining.' Nor do we think that the integral nature of
the unit is altered by the, Petitioner's desire to include die sinkers
who are outside the machine shop in a separate department. The die
sinkers, like the die makers, located in the machine shop, work exclu-
sively on dies or parts of dies.' We therefore find that,. absent any
history of collective bargaining at the Employer's plant, the employees
sought by the Petitioner may appropriately bargain as a separate unit.
We find that all machinists and apprentices, maintenance inen and
apprentices, tool and die makers and apprentices, die sinkers and ap-
prentices , but excluding executives, foremen, office and clerical em-
Hatter of American Can Company , 61 N. L. R. B 1631.
Matte r of Aluminum Company of America , 60 N. L . R. B. 278.
1060 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees, and all or any supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend 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
The evidence reveals that the Employer designates all new em-
ployees as probationary employees until they have worked 3 months.
The Employer contends, in opposition to the Petitioner, that such
employees should be found ineligible to vote. Since it appears that
these employees have the prospect of becoming regular employees
after a short period of time, we find that they have substantial interests
in common with the regular employees in the unit involved in the
present proceeding. Accordingly, we shall include them among the
eligible employees in, the unit following our usual practice with respect
to employees of this type.3
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot, subject to the
limitations and additions set forth in the Direction.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Ekco Products Company, New
Haven, Connecticut, 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 Sections 203.55 and
203.56, of National Labor Relations Board Rules and Regulations-
Series 4, 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 probationary em-
ployees and those 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 those
employees who have since quit or been discharged for cause and have
not been rehired or reinstated prior to the date of the election, to
determine whether or not they desire to be represented by the Inter-
national Association of Machinists, for the purposes of collective
bargaining.
3 Hatter of Sears , Roebuck and Co , 62 N. L. R B. 674.