F. W. Sickles Co.

National Labor Relations Board - Board Decisions

Feb 25, 1946

65 N.L.R.B. 1359 (N.L.R.B. 1946)

In the Matter of F. W. SIcxLEs Co. and INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORHERS , A. F. OF L.
Case 11 %o. 1-R--222'25.Decided February 25, 1946
Mr. Moses Shapiro, of New York City, for the Company.
Mr. Arthur Houle, of Boston, Mass., for the A. F. of L.
Mr. F. V. Ducharme, of Holyoke, Mass., for the Association.
Mr. Jack Davis, of Springfield, Mass., for the C. 1. 0.
Mr. Samuel M. Kaynard, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Brotherhood of Elec-
trical Workers, A. F. of L., herein called the A. F. of L., alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of F. W. Sickles Co., Chicopee, Massachusetts, here-
in called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before John W. Coddaire,
Jr., Trial Examiner. The hearing was held at Springfield, Massa-
chusetts, on January 18, 1946. The Company, the A. F. of L., the
Mutual Benefit Association of F. W. Sickles Co., herein called the
Association, and United Electrical, Radio & Machine Workers of
America, CIO, herein called the CIO, 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 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
F. W. Sickles Co. is a Massachusetts corporation with its principal
office and plant located at Chicopee, Massachusetts, where it is engaged
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1360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the manufacture and sale of radio parts and components. Raw
materials used in the business consist primarily of copper, silver, steel,
bakelite, glass, ceramics, and plastics, and approximately 80 percent of
the raw materials used annually is shipped to the Company from points
outside the Commonwealth of Massachusetts. The annual gross sales
of the Company exceed $1,000,000, approximately 90 percent of which
is shipped by it to points outside the Commonwealth of Massachusetts.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
IT. TILE ORGANIZATIONS INVOLVED
International Brotherhood of Electrical Workers, affiliated with
the American Federation of Labor; Mutual Benefit Association of
F. W. Sickles Co.; and United Electrical, Radio & Machine Workers
of America, affiliated with the Congress of Industrial Organizations,
are all labor organizations admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the A. F. of L.
as the exclusive bargaining representatives of certain of its employees
until the A. F. of L. has been certified by the Board in an appropriate
unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the A. F. of L. represents a substantial number
of employees in the unit hereinafter found 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
In accordance with an agreement of the parties at the hearing,
we find that all production and maintenance employees, including
matrons, inspectors, testers, time clerks, stock clerks, dispatchers, too]-
room employees, receiving and shipping employees, and factory-
clerical employees, but excluding executives, administrative employees,
technical employees, office-clerical employees, guards, and all other
supervisory employees with authority to hire, promote, discharge, dig-
The Field Examiner reported that the A F of L. submitted 526 authorization cards,
hearing the names of 515 employees listed on the Company' s pay roll of November 8,
1945 , that the CIO submitted 176 authorization cards, hearing the names of 150 em-
ployees listed on said pay roll , based upon a spot check of said pay roll
There are approximately 1,600 employees in the appropriate unit.
The Association relied upon a contract between it and the Company as evidence of its
interest The contract was not set up as a bar to this proceeding.
F. W. SICKLES CO. 1361
cipline, or otherwise effect changes in the status of employees, or effec=
tively recommend such action, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
V. TFIE DETERMINATION OF REPRESENTATIVES ,
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among 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.
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 F. W. Sickles Co.,
Chicopee, 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 Regulations, among the employees in the
unit found appropriate in Section IV, above, who were employed dur-
ing the pay-roll period immediately preceding the date of this Direc-
tion, 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 the election, to determine whether they
desire to be represented by International Brotherhood of, Electrical
Workers, A. F. of L., or by Mutual Benefit Association of F. W.
Sickles Co., or by United Electrical, Radio & Machine Workers of
America, CIO, or by none.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.