Elastic Stop Nut Corp. of America

National Labor Relations Board - Board Decisions

Oct 3, 1945

63 N.L.R.B. 1398 (N.L.R.B. 1945)

In the Matter of `ELASTIC STOP NUT CORPORATION OF AMERICA and
INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFr & AGRI-
CULTURAL 'IMPLEMENT WORKERS OF AMERICA, CIO
Case No. 2-R4600.-Decided October 3, 1945
White & Case, by Mr. Chester Bordeau, of New York City, and
Mr. John E. Lightner, of Union, N. J., for the Company.
Rothbard, Harris & Talisman, by Mr. Samuel Rothbard, of Newark,
N. J., Mr. George Morgan, of Elizabeth, N. J., and Mr. Emanuel Mann,
of Union, N. J., for the petitioner.
Mr. Samuel R. Issard, of Newark, N. J., and Mr. Stephen M. Estey,
of New York City, for the intervenor.
Mr. Mozart G. Ratner, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Automo-
bile, Aircraft & Agricultural Implement Workers of America, CIO,
herein called the petitioner, alleging that a question affecting commerce
had arisen concerning the representation of employees of Elastic
Stop Nut Corporation of America, Union, New Jersey, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Richard J. Hickey, Trial
Examiner. Said hearing was held at New York City on June 27,
1945. The Company; the petitioner, and the International Association
of Machinists, AFL, hereinafter called the intervenor, appeared and
participated. All parties 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 ruling made at the
hearing are free from prejudicial error and are hereby affirmed. All
parties were afforded an opportunity to file briefs with the Board.
63 N. L. R. B., No. 216.
1398
ELASTIC STOP NUT CORPORATION OF AMERICA 1399
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company, a New Jersey corporation with its main offices in
Union', New Jersey, operates plants in Union, Hillside, Linden, and
Newark, New Jersey, which are alone involved in this proceeding. At
these plants the Company is engaged in the manufacture, sale, and
distribution of nuts used principally in the production of aircraft.
During 1944 the Company purchased raw materials valued in excess
of $1,000,000, of which 90 percent was shipped to the plants in New
Jersey from places outside the State of New Jersey. During the same
period the Company manufactured products valued in excess of
$2,000,000, of which 50 percent was shipped from the New Jersey
plants to places outside the State of New Jersey."
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, affiliated with the Congress of Indus-
trial Organizations, is a labor organization admitting to membership
employees of the Company.
International Association of Machinists, affiliated with the Amer-
ican Federation of Labor, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 19, 1944, following its certification by the Board pursuant
to the results of a consent election,2 the Elastic Stop Nut Benevolent
Association, herein called the Association, entered into a 1-year con-
tract with the Company covering the employees in the unit for which
it had been certified as representative. On April 20, 1945, the Asso-
ciation's president notified the Company that the Association's mem-
bership had voted to affiliate with the petitioner and requested recog-
nition as a local of the petitioner. The Company, on April 23,.1945,
replied that it could not assume that as an affiliate of the petitioner
the Association was the authorized representative of the employees
in the unit, and suggested that the question be determined by the
National Labor Relations Board.
I The foregoing findings are based on a stipulation of the parties.
2 Matter of Elastic Stop Nut Corporation of America, Cases Nos . 2-R-4500, 2-R-4514,
April 20, 1944.
1400 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
At the hearing on June 27, 1945, the petitioner requested recog.
nition as exclusive bargaining representative of the employees in the
unit set out in the petition. The Company refused to grant such recog-
nition.
A statement of a Board agent, introduced into evidence at the, hear-
ing, indicates that the petitioner and the intervenor each represents
a substantial number of employees in the unit hereinafter found ap-
propriate.3
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within th6 meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. TILE APPROPRIATE UNIT
In substantial accord with our prior finding,4 and in accord with a
stipulation of the parties, we find that all production and maintenance
employees in the Union, Hillside, and Linden plants, and the Union,
and Newark warehouses, including tool crib, toolroom, and experi-
mental toolroom employees, stock packaging, warehouse, raw material,
stock receiving, and shipping employees, and visual channel header,
tool and gauge, receiving, process, and nut salvage inspectors, process
checkers, material handlers, cafeteria employees, porters, and chip
salvage employees, truck drivers and chauffeurs, and group leaders, but
excluding office and clerical employees, guards and watchmen, time-
keepers, scale men, weighmasters, scale, field and safety inspectors,
allocators, expeditors or checkers (except process), time-study em-
ployees, messengers, dispatchers, technical and laboratory employees
(including draftsmen, engineers, chemists, metallurgists, and techni-
cians), stationary stores employees, salesmen, outside service men,
nurses, stock handlers in the accounting department, administrative
and professional employees, executives, and all or any other super-
visory 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.
8 The Field Examiner reported that the petitioner submitted 816 authorization cards, all
of which bore apparently genuine original signatures ; that the names of 599 persons ap-
pearing on the cards were listed on the Company ' s pay roll of May 16, 1945 , which con-
tained the names of 1 ,287 employees in the appropriate unit , and that the cards were
dated as follows . January 1945-19; February 1945-30 ; March 1945-1 ; April 1945-
496, undated-53.
The intervenor submitted 289 authorization cards, all of which bore apparently genuine
original signatures . The names of 87 persons appearing on the cards were contained in
the aforesaid pay roll. The cards were dated as follows . January 1945-8; February
1945-31 ; March 1945-16, April 1945-30, undated-2.
4 See note 2 , supra.
ELASTIC STOP NUT CORPORATION OF AMERICA
V. THE DETERMINATION OF REPRESENTATIVES
1401
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.-'
The Company requests that the Association be placed on the ballot.
Although the Association was served with a copy of the notice of
hearing, and in May and June 1945 the Company, by notices posted
on its bulletin boards, advised the employees of the pendency, of the
petition, of the issues involved, and of the Company's position that the
name of the Association should appear on the ballot, the Association
was not represented at the hearing either by its officers or by any person
claiming an interest in the Association. Counsel for the petitioner
asserted that he was authorized to represent the interests of the
Association but was not authorized to make an appearance on its
behalf and stated, further, that the Association did not desire that
its name appear on the ballot. Under the circumstances, we shall
deny the Company's request.
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 Rela-
tions 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 Elastic Stop Nut
Corporation of America, Union, New Jersey, 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
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 immediate-
ly preceding the date of this Direction, including employees who did
not work during the 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
5 The parties agree and we rule that part-time and probationary employees shall be
eligible to vote in the election and that temporary employees shall not be eligible.
1402 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
.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
the election, to determine whether they desire to be represented by
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, affiliated with the Congress of Indus-
trial Organizations, or by International Association of Machinists,
affiliated with the American Federation of Labor, for the purposes of
collective bargaining, or by neither.