Federal Electric Products Co. Inc.

National Labor Relations Board - Board Decisions

Oct 30, 1945

64 N.L.R.B. 601 (N.L.R.B. 1945)

In the Matter of FEDERAL ELECTRIC PRODUCTS Co. INC. and INTERNA-
TIONAL BROTHERHOOD OF ELECTRICAL WORKERS, A. F. OF L.
Case No. I-R4595.-Decided October 30, 19J,.5
Mr. Charles Kurz, of New York City, for the Company.
Mr. Francis X. Moore, of Boston, Mass., for the AFL.
Mr. William S. Zeman, of Hartford, Conn., for the CIO.
Mr. Glenn L. Holler, 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 AFL, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Federal Electric Products Co. Inc., Hartford, Con-
necticut, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Robert E. Greene, Trial Examiner.' The hearing was held at Hart-
ford, Connecticut, on September 19, 1945. At the commencement of
the hearing the Trial Examiner granted a motion of United Elec-
trical, Radio & Machine Workers of America, Amalgamated Local
281, C. I. 0., herein called the CIO, to intervene. The Company, the
AFL, and the CIO appeared, participated, and were afforded full op-
portunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The,Trial Examiner's rul-
ings 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 :
1 The Trial Examiner granted a motion of the Company to amend the pleadings in the
case so that the name of the Company would read "Federal Electric Products Co , Inc."
Instead of Federal Electrical Co or Federal Electric Products Company.
64 N. L. R. B, No. 100.
601
602 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Federal Electric Products Co. Inc. is a New Jersey corporation, with
its principal office located in Newark, New Jersey. The only plant in-
volved in the instant proceeding is located in Hartford, Connecticut.
The Hartford plant is engaged in the manufacture of motor con-
trols, circuit breakers, and service equipment. In the course of its
operations during the fiscal year from July 1944, to' July 1945, the
Company used raw materials, including copper, brass, and steel, val-
ued at in excess of $800,000. Approximately 65 percent of these raw
materials was shipped to the Hartford plant from points outside the
State of Connecticut. During the same fiscal year the Company pro-
duced at the Hartford plant finished products valued at in excess of
$1,000,000, of which approximately 90 percent was shipped to points
outside the State of Connecticut.
The company admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Electrical Workers is a labor organ-
ization affiliated with the American Federation of Labor, admitting
to membership employees of the Company.
United Electrical, Radio & Machine Workers of America, Amalga-
mated Local 281, is a labor organization affiliated with the Congress
of Industrial Organizations, admitting to membership employees of
the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On September 1, 1944, the Company and the CIO signed an ex-
clusive recognition contract which was to run for 1 year, renewable
from year to year thereafter, unless, 30 days prior to any expiration
date either party notified the other of a desire to terminate or modify
the contract. The CIO contended at the hearing that the contract
constitutes a bar to these proceedings.
Evidence at the hearing disclosed that during the last week of July
1945, the AFL orally notified the Company of its claim t+@ represent
a substantial number of the Company's employees and that under date'
of August 1, 1945, the AFL by letter again informed the Company
of the above claim. We find that the contract does not constitute a
bar to a present determination of representatives, in view of the AFL's
timely demand.
FEDERAL ELECTRIC PRODUCTS CO. INC. 603
The Company took the position at the hearing that it could not bar-
gain,with petitioner, or any other labor organization of its employees,
until such time as it has been certified by the Board.
A statement of the Regional Director introduced into evidence at
the hearing indicates that the AFL represents a substantial number of
employees in the unit hereinafter found to be appropriate 2
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, substantially in accordance with the stipulation of the
parties, that all employees of the Company at its Hartford, Con-
necticut, plant, except executives, office and clerical employees, rate
settlers, foremen, and all other 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
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.
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 the National Labor Rela-
tions 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 Federal Electric
2 The Regional Director reported that the AFL had submitted 60 authorization cards,
57 of which were dated between May and July 1945, and 3 of which were undated.
AN appeared to bear genuine original signatures . Of the cards submitted 53 bore names
of persons listed on the Company's pay roll for the pay-roll period ending August 11, 1945,
which pay roll contained the names of 217 persons in the appropriate unit.
The CIO did not present any evidence of membership but relied upon its contract as
evidence of its interest in the proceedings
while the showing of the AFL is only approximately 24 percent of the claimed appro-
priate unit , we find that this showing is substantial in view of a clause in the contract
requiring membership in good standing in the CIO. Matter of Oregon Plywood Company,
et at, 33 N L . R. B 1234; Matter of Certasn -Teed Products Corporation , et at, 28 N. L.
R. B. 915
604 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Products Co. Inc., Hartford, 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 super-
vision of the Regional Director for the First Region, acting in this mat-
ter 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 during the pay-roll period immediately preceeding 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 the election, to determine
whether they desire to be represented by International Brotherhood of
Electrical Workers, A. F. of L., or by United Electrical, Radio & Ma-
chine Workers of America, Amalgamated Local 281, C. I. 0., for the
purposes of collective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.