John Bath & Co.

National Labor Relations Board - Board Decisions

Mar 10, 1943

47 N.L.R.B. 1463 (N.L.R.B. 1943)

Jn• the. Matter of JOHN, BATH & COMPANY 'and UNITED- STEELWORKERS,
OF AMERICA -
Case No. R-4925.Decided; March 10, 1943
Jurisdiction : tools manufacturing industry
Investigation and Certification of Representatives: existence of question. recog-
nition refused without prior certification of the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance em-
ployees at one plant of company, with specified inclusions and exclusions;
stipulation as to
Mr. James A. Crotty, of Worcester, Mass., for the,Company. -
Grant f Angoff, by Mr. Samuel E. Angoff, of Boston, Mass., for,the
Union.
Mr. Louis Cokin, of counsel to the Board. -
DECISION ' .
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition- duly filed by United Steel-
workers of America, herein'called the Union; alleging that a question
affecting, commerce had arisen concerning the representation, of:em-
_ployees of John Bath & Company, Worcester, Massachusetts, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Thomas H. Ramsey,
Trial Examiner. Said hearing was held at Worcester, Massachusetts,
on February 23', 1943.. The Company and the Unioii appeared, partici-
pated, and' 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. -
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT -
1. THE BUSINESS OF THE COMPANY '
John Bath & Company is a Massachusetts corporation with its prin-
cipal place of business at Worcester, Massachusetts , where it is engaged
47 N. L . R. B., No. 186.
1463
1464 DEC[S[ONS OF NATIONAL LABOR RELATIONS BOARD
in the manufacture of small tools. During 1942 the Company pur-
chased raw materials valued at about $395,000, approximately 95 per-
cent of which was shipped to it from points outside the State of Massa-
chusetts. During the same period the Company sold finished products
'valued at about $3,000,000, approximately 90 percent -of which was
shipped to points outside the State of Massachusetts.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During. January 1943, the Union, claiming to represent a majority
of the Company's employees, requested the Company to recognize it as
the exclusive representative of such employees. The Company refused
this request until such time as the Union is-certified by the Board. ' ,
A statement of the-Regional Director, introduced into evidence dur-
ing the hearing, indicates that the Union'represents a substantial num-
ber 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 National Labor Rela-
tions Act.
IV. TIIE APPROPRIATE UNIT
_, We find, in accordance with a stipulation of the parties, that, all pro'
duction and maintenance employees at the Worcester plant of the Com=
pany, excluding-office and clerical employees, supervisory employees
(including foremen' and assistant foremen), engineers, draftsmen',
routing department employees,' executives, and employees whose sole
duties are those of watchmen or guards, constitute a unit appropriate
• for the purposes of collective bargaining, within the meaning of Sec-
tion 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concern ing 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
i The Regional' Director reported that the Union presented 197, membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany 's pay roll"of January 30, 1943. Theme are approximately 888 employees in the appro-
priate unit
JOHN BATH & COMPANY 1465
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
-D a cTrn, that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with John Bath &
Company, Worcester, 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 National Labor Relations Board, and subject to Article
III, Section 10, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed 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 Steelworkers of America,
affiliated with the Congress of -Industrial Organizations, for the pur-
poses of collective bargaining.