H. L. Judd Co., Inc.

National Labor Relations Board - Board Decisions

Jan 29, 1942

38 N.L.R.B. 676 (N.L.R.B. 1942)

In the Matter of H. L. JUDD COMPANY, INC. and INTERNATIONAL
JEWELRY WORKERS, AFFILIATED WITH THE A. F. OF L.
Case No. B-3367.-Decided January 29, 1942
Jurisdiction : house-furnishing hardware manufacturing and sales industry
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition until certified by the Board ; election
necessary.
Unit Apropriate for Collective Bargaining : all production and maintenance em-
ployees of the Company employed at Wallingford, Connecticut, including
shipping and receiving employees, but excluding executives and supervisors,
foremen, working foremen who have power to hire or discharge or to recom-
mend hire or discharge, draftsmen, machine-designing engineers, inventors,
lay-out engineers, watchmen, nurses, factory clerks who do no production
work, and office employees; stipulation as to.
Mr. E. B. Crawford, of Hamden, Conn., for the Company.
Mr. Leon Williams of New York City, for the Union.
Mr. Reynolds C. Seitz, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 19, 1941, International Jewelry Workers Union,
affiliated with the A. F. of L., herein called the Union, filed with the
Regional Director for the Second Region (New York City) an
amended petition alleging that a question affecting commerce had
arisen concerning the representation of employees of H. L. Judd
Company, Inc., Wallingford, Connecticut, herein called the Com-
pany, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On November 21, 1941, the
National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act and Article III, Section 3, of the
National Labor Relations Board Rules and Regulations-Series 2,
as amended, ordered an investigation and authorized the Regional
38 N. L R. B , No. 135.
676
H. L. JUDD COMPANY, INC. 677
Director to conduct it, and to provide for an appropriate hearing
upon due notice.
On November 24, 1941, the Regional Director issued a notice of
hearing, and on November 28, 1941 , a notice setting a later date for
hearing, copies of which were duly served upon the Company and the
Union . On December 5, 1941, pursuant to the second notice, a hearing
was held at Wallingford , Connecticut , before William T. Little, the
Trial Examiner duly designated by the Chief Trial Examiner. The
Company and the Union were represented at and participated in the
hearing. Full opportunity to be heard, to examine and cross -examine
witnesses , and to introduce evidence bearing on the issues was afforded
all parties . During the course of the hearing , the Trial Examiner
made various rulings on motions and on objections to the admission
of evidence . The Board has reviewed the rulings of the Trial Exam-
iner and finds that no prejudicial errors were committed . The rulings
are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUST-NESS OF THE COMPANY
H. L. Judd Company has since 1922 been a corporation duly or-
ganized and existing by virtue of the laws of Delaware, and has its
main office at New York City. It is engaged in the manufacture, sale,
and distribution of drapery fixtures and house-furnishing hardware.
In addition to its main office in New York, the Company maintains
and operates offices and factories at Wallingford , Connecticut (the
only plant involved in this proceeding ), and Chattanooga , Tennessee,
and branch offices at Chicago, Illinois; Detroit, Michigan ; and Los
Angeles, California . The principal materials used by the Company
at its Wallingford plant are brass sheet and wire, steel wire, cold
drawn steel strip, tubing, and pig iron. During the year preceding
November 15, 1941 , the Company purchased and used in its opera-
tions at the Wallingford plant, materials valued at more than $800,-
000 of which more than 20% were shipped to said plant from outside
Connecticut . During the same period , the Company shipped from
said plant finished products amounting to approximately $2,000,000
in value. Ninety-five percent of such products were shipped to
points outside Connecticut.
H. THE ORGANIZATION INVOLVED
International Jewelry Workers, affiliated with the A. F. of L., is a
labor organization admitting to membership employees of the Com-
pany.
678 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
On September 29, 1941, the Union requested H. L. Judd Company,
Inc., to bargain with it as the exclusive representative of the Com-
pany's employees in the unit described in Section V below. The
Company refused to bargain with the Union until such time as it
should be certified by the Board.
A statement of the Regional Director introduced in evidence at
the hearing shows that the Union represents a substantial number of
employees in the unit hereinafter found to be appropriate.' ' ,
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen , occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The parties agree, and we find, that all production and maintenance
employees of the Company employed at Wallingford, Connecticut,
including shipping and receiving employees, but excluding executives
and supervisors, foremen, working foremen who have power to hire
or discharge or to recommend hire or discharge,2 draftsmen, machine-
designing engineers, inventors, lay-out engineers, watchmen, nurses,
factory clerks who do no production work,3 office employees, constitute
a unit appropriate for the purposes of collective bargaining. We fur-
iher find that such unit will insure to employees of the Company the
full benefit of their right to self-organization and collective bargain-
ing and otherwise will effectuate the policies of the Act.
1 The Union alleged that there are 600 employees in the appropriate unit. The Regional
Director 's statement showed that the Union submitted 359 membership -application cards, of
which all but one bear apparently genuine original signatures , and this card bears a printed
name in the signature space. Of these 359 cards , 289 are dated in September 1941, 39 are
dated in October 1941, 1 is dated in December 1941, 30 are undated. The Company refused
to submit a pay roll.
2 A dispute arose whether B. Pagnetti is or is not a working foreman. We find, in agree-
ment with the Union 's contention , that he performs the work of an ordinary engineer. He
is included in the unit.
3In accordance with agreement between the parties, the question whether a factory clerk
does or does not perform production work shall be determined by reference to the work per-
formed by him during the week ending on the pay -roll date immediately preceding the date
of this Decision and Direction of Election
H. L. JUDD COMPANY, INC.
VI. THE DETERMINATION OF REPRESENTATIVES
679'
We find that the question concerning representation which has `
arisen can best be resolved by an election by secret ballot. We shall
direct that the employees in the appropriate unit who were employed
during the pay-roll period immediately preceding the date of the
Direction of Elections herein, subject to the limitations and additions
set forth in the Direction, shall be eligible to voter
Upon the basis of the above findings of fact and upon the entire'
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of H. L. Judd Company, Inc., Wallingford,
Connecticut, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company em-
ployed at Wallingford, Connecticut, including shipping and receiving
employees, but excluding executives and supervisors, foremen, work-
ing foremen who have power to hire or discharge or to recommend hire
or discharge, draftsmen, machine-designing engineers, inventors, lay-
out engineers, watchmen, nurses, factory clerks who do no production
work, and office employees, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the National Labor Relations Act.
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 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with H. L. Judd Company, Inc., Wallingford, Connecticut, an elec-
tion 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 Rela,;
tions Board and subject to Article III, Section 9, of said Rules and
Regulations, among all production and maintenance employees of the
Company employed at Wallingford, Connecticut, during the pay-roll
period immediately preceding the date of the Direction of Election,
4 See footnote 3, supra
680 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
including shipping and receiving employees and employees who did
not work during such pay-roll period because they were ill or on vaca-
tion or in the active military service or training of the United States,
or, temporarily laid off, but excluding executives and supervisors,
foremen, working foremen who have power to hire or discharge or to
recommend hire or discharge, draftsmen , machine-designing engineers,
inventors , layout engineers , watchmen , nurses , factory clerks who do
no production work, office employees, and employees who have since
quit or been discharged for cause , to determine whether or not they
desire to be represented by International Jewelry Workers, affiliated
with the A . F. of L ., for the purposes of collective bargaining.