General Engraving Co.

National Labor Relations Board - Board Decisions

May 16, 1946

68 N.L.R.B. 20 (N.L.R.B. 1946)

In the Matter of JENNIE ARVESEN AND NILS B. ARVESEN, CO- PARTNERS,
D/B/A GENERAL ENGRAVING Co. and THERMOMETER WORKERS
UNION, LOCAL 108, CHAPTER 101, FEDERATION OF ARCHITECTS, EN-
GINEERS, CHEMISTS & TECHNICIANS, UNITED OFFICE AND PROFES-
SIONAL WORKERS OF AMERICA, CIO
Case No. 2-R-6383.-Decided May 16, 1946
Mr. William E. Artz, by Mr. Frank T. Reiner, of New York City,
for the Company.
Mr. Joseph Tauber, of New York City, for the CIO.
Buitenkant & Cohen, by Mr. Arnold Cohen, of New York City, for the
AFL.
Mr. Benj. E. Cook, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Thermometer Workers Union, Local 108,
Chapter 101, Federation of Architects, Engineers , Chemists & Tech-
nicians, United Office and Professional Workers of America, CIO,
herein called the CIO, alleging that a question affecting commerce had
arisen concerning the representation of employees of Jennie Arvesen &
Nils B. Arvesen, Co-Partners, d/b/a General Engraving Co., Brooklyn,
New York, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before John
J. Cuneo, Trial Examiner. The hearing was held at New York City, on
April 10, 1946. The Company, the CIO, and Federal Labor Union,
Local 20734, A. F. of L., herein called the AFL, appeared and partici-
pated. 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 op-
portunity to file briefs with the Board.
68 N. L . R. B., No. 5.
20
GENERAL ENGRAVING CO.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
21
Jennie Arvesen and Nils B. Arvesen, doing business as General En-
graving Co., is a partnership organized and existing by virtue of the laws
of the State of New York. Its principal office and plant is located in
Brooklyn, New York, where it is engaged in the manufacture of clinical
thermometers. During the year ending April 1, 1946, the Company pur-
chased raw materials exceeding in value $25,000, approximately 90 per-
cent of which was shipped to its plant from points outside the State of
New York. During the same period, the Company's finished products
exceeded in value $100,000, approximately 90 percent of which was
shipped to points outside the State of New York.
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II THE ORGANIZATIONS INVOLVED
Thermometer Workers Union, Local 108, Chapter 101, Federation of
Architects, Engineers, Chemists & Technicians, United Office and Pro-
fessional Workers of America, is a labor organization affiliated with the
Congress of Industrial Organizations, admitting to membership employ-
ees of the Company.
Federal Labor Union, Local 20734, is a labor organization, affiliated
with the American Federation of Labor, admitting to membership em-
ployees of the Company.
III THE QUESTION CONCERNING REPRESENTATION
On March 7, 1946, the CIO wrote a letter to the Company request-
ing recognition as collective bargaining agent for certain of its employees.
This and subsequent requests, the Company has refused.
A statement of a Board agent, introduced into evidence at the hearing,
indicates that each of the participating unions represents a substantial
number of employees in the unit hereinafter found appropriate.'
3 The Field Examiner reported that the CIO submitted 14 cards, bearing the names of
12 employees , listed on the Company's pay roll of March 28 , 1946, and that the AFL
submitted 14 cards , bearing the names of 9 employees, listed on the Company 's pay roll of
March 28, 1946.
There are approximately 23 employees in the appropriate unit.
22 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, substantially in accord with an agreement of the parties, that
all production employees , including packers , apprentices , and maintenance
men, but excluding office clerical employees , salesmen, members of the
partnership , 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 appro-
priate 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 an election by secret ballot among employees 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 representatives
for the purposes of collective bargaining with Jennie Arvesen and Nils B.
Arvesen, Co-Partners, d/b/a General Engraving Co., Brooklyn, New
York, an election by secret ballot should 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
Regulations, among 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
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
GENERAL ENGRAVING CO. 23
have not been rehired or reinstated prior to the date of the election, to
determine whether they desire to be represented by Thermometer Work-
ers Union, Local 108, Chapter 101, Federation of Architects, Engineers,
Chemists & Technicians, United Office and Professional Workers of
America, CIO, or by Federal Labor Union, Local 20734, A. F. of L.,
for the purposes of collective bargaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.