Florence Stove Co.

National Labor Relations Board - Board Decisions

Nov 10, 1943

53 N.L.R.B. 540 (N.L.R.B. 1943)

I11 the Matter of FLORENCE STOVE COMPANY and UNITED STEELWORKERS
OF AMERICA, C. I. O.
Case No. 1-R-1547.Decided November 10, 1943
Mr. William M. Quade, of Gardner, Mass.,, for the Company.
,Grant d Angoff, by Mr. Harold Roitman, of Boston, Mass., for the
U. S. A.
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. 1. 0.,
herein called the U. S. A., alleging that a question affecting commerce
had arisen concerning the representation of employees of Florence
Stove Company, Gardner, Massachusetts, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due,notice before Robert E. Greene, Trial Examiner.
Said hearing was held at Gardner, Massachusetts, on October 25, 1943.
The Company and the U. S. A. appeared, participated, and were af-
forded 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 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
Florence Stove Company is a Massachusetts corporation with its
principal place of business at Gardner, Massachusetts, where it is en-
gaged in the manufacture of stoves, heaters, and induction systems
for airplanes. During 1942, the Company purchased raw materials
1 Although Florence Workers Union , herein called the Independent , was served with
notice of hearing, it did not appear.
53 N. L. R. B., No. 96.
540
FLORENCE STOVE COMPANY 541
1
for use at its Gardner plant valued in excess of $2,500,000, approxi-
mately 90 percent of which was shipped to it from points outside the
State of Massachusetts. During the same period the Company sold
products from its Gardner plant valued in excess of $10,000,000, about
90 percent of which was shipped to points outside the State 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 recognize the U. S. A. as the exclusive
collective bargaining representative of its employees at the Gardner
plant.
On September 16, 1941, the Independent and the Company entered
into an exclusive collective bargaining contract. On May 22, 1942,
the Company and the Independent entered into a supplementary
agreement. The agreement, as supplemented, provides that it shall
remain in full force and effect until September 16, 1942, and from year
to year thereafter, unless either party thereto notifies the other of a
desire to terminate at least 30 days prior to any annual expiration
date. No such notice was given in 1942. However, the petition herein
was filed by the U. S. A. on July 29, 1943. Inasmuch as the U. S. A.
made its claim upon the -Conipany prior to August 16, 1943, the date
upon which the contract would have automatically renewed itself, we
find that the contract does not constitute a bar to a determination of
representatives at this time.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the U. S. A. 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 -a stipulation of the parties,
that all production, maintenance, and shipping room employees at
2 The Regional Director reported that the U. S A presented 316 membership applica-
tion cards bearing apparently genuine signatures of persons whose names appear on the
Company's pay roll of July 31, 1943 There are approximately 927 employees in the
appropriate unit.
559015-44-vol. 53-36
542 DECISIONS OF NATIONAL LABOR , RELATIONS BOARD
the Gardner plant of the Company, excluding clerical employees,
guards, and all supervisory employees with authority to hire, pro-
mote, 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
I
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 National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended,,it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Florence, Stove
Company, Gardner, 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 Naional 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 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 tempo-
rarily 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 or not they desire to be represented by United
Steelworkers of America, C. I. 0., for the purposes of collective
bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.