James Smith & Son

National Labor Relations Board - Board Decisions

Jan 5, 1946

65 N.L.R.B. 187 (N.L.R.B. 1946)

In the Matter Of WILLIAM B. SMITH, D/B/A JAMES SMITH & SON and
UNITED STEELWORKERS OF AMERICA, CIO I
Case No. 1-R-2599.Decided January 5, 1946
Vaughan, Esty, Clark zfi Crotty, by Mr. James A. Crotty , of Worces-
ter, Mass ., for the Company.
Mr. Daniel F. Murray, of Worcester , Mass., for the Union.
Mr. Bernard Goldberg , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
CIO, herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Wil-
liam B. Smith, d/b/a James Smith & Son, Worcester, Massachusetts,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before John W.
Coddaire, Jr., Trial Examiner. The hearing was held at Worcester,
Massachusetts, on August 24, 1945. The Company and the Union
appeared and participated. All parties were afforded full opportu-
nity to be heard, to examine and cross-examine witnesses, and to intro-
duce 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 an 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
William B. Smith, an individual doing business under the firm
name of James Smith Son, is engaged in manufacturing textile
machinery. During the 6 months preceding June 30, 1945, the Com-
pany purchased approximately $40,000 worth of raw materials, of
which practically the entire amount was obtained within the Coin-
65 N. L . R. B., No. 37. 187
188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
monwealth of Massachusetts. During the same period, the Com-
pany sold approximately $75,000 worth of its finished products, of
which about 55 percent in value represented shipments to customers
located outside the Commonwealth.
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, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the Union as the collective
bargaining representative of its employees unless and until the Union
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 Union 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
The parties agree that the following unit is appropriate : all pro-
duction, maintenance, and shipping room employees, excluding execu-
tives, office workers, and supervisory personnel. The only disagree-
ment pertains to the inclusion in or exclusion from the unit of
employees Edward Bradley, Henry Sauriol, and Telephore Leduc,2 the
Company desiring to exclude them on the ground that they are
supervisors.
Each of these employees directs the work of from two to seven
subordinates and has the power effectively to recommend a change in
their status. We find that Bradley, Sauriol, and Leduc are supervisory
employees within the Board's customary -definition, and we shall,
therefore, exclude them from the unit.
We find that all production, maintenance, and shipping room em-
ployees of the Company, excluding executives, office workers and all
' The Field Examiner reported that the Union submitted 25 authorization cards and
that names of 21 persons appearing on the cards were listed on the Company ' s pay roll
of August 2, 1945, which contained the names of 21 employees in the appropriate unit.
2 At the hearing the same disagreement was voiced with respect to employee James
Kearney. In its brief, the Union has consented to the exclusion of Kearney.
JAMES SMITH & SON 189
supervisory employees 3 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 an election by secret ballot among em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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 Rela-
tions 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 William B. Smith,
d/b/a James Smith & Son, Worcester, Massachusetts, an election by
secret ballot shall be conducted as early as possible, but not later than
sixty (60) 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 Regula-
tions, 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 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 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, CIO,
for the purposes of collective bargaining.
3 This includes James Kearney , Edward Bradley , Henry Sauriol , and Telephore Leduc.