Jamestown Metal Equipment Co., Inc.

National Labor Relations Board - Board Decisions

Sep 29, 1943

52 N.L.R.B. 1022 (N.L.R.B. 1943)

In the Matter of JAMESTOWN METAL EQUIPMENT CO., INC. and UNITED
ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. O.
Case No. 3-R--651.Derided September 29, 1943
Mr. J. R. Rogerson, of Jamestown , N. Y., for the Company.
Mr. Almond S. Clough, of Syracuse , N. Y., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio & Machine
Workers of America, C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Jamestown Metal Equipment Co., Inc., Jamestown,
New York, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due-notice before
Francis V. Cole, Trial Examiner. Said hearing was held at James-
town, New York, on September 10, 1943. The Company and the
Union appeared at and participated in the hearing.' 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 opportunity to
file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Jamestown Metal Equipment Co., Inc., is a New York corporation
operating two plants at Jamestown, New York. We are here con-
cerned solely with its Allen Street Extension plant where it is engaged
I Although International Association of Machinists , Lodge No. 1240, was served with
notice of hearing, it did not appear.
52 N. L. R B., No. 177.
1022
JAMESTOWN METAL EQUIPMENT CO., INC. 1023
in the manufacture of cooling radiators. During 1942 the Company
purchased raw materials valued at about $800,000, 90 percent of which
was shipped to it from points outside the State of New York. During
the same period the Company sold finished products valued at about
$4,000,000, approximately 90 percent of which was shipped to points
outside the State of New York. The Company admits, for the purpose
of this proceeding, that it is engaged in Commerce-within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 30, 1943, the Union requested the Company to recognize it
as the exclusive collective bargaining representative of the employees
at the Allen Street Extension plant. The Company did not reply to
this request.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union 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, in accordance with a stipulation of the parties, that all
production and maintenance employees at the Allen Street Extension
plant of the Company, excluding office and clerical employees, plant
guards, nurses, executives, foremen, supervisors, and any other super-
visory 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
-Z The Field Examiner reported that the Union presented 132 authorization cards bearing
appaieutly genuine signatures of persons whose names appear on the Company's pay roll
of August 8, 1943. There are 170 persons in the appropriate unit.
1024 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 2, as amended, it is hereby
DI'REOTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Jamestown Metal
Equipment Co., Inc., Jamestown, New York, 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 Third 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 any who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by United
Electrical, Radio & Machine Workers of America, C. I. O., for the
purposes of collective bargaining.
CHAIRMAN MILLiS took no part in the consideration of the above
Decision and Direction of Election.