John Royle & Sons

National Labor Relations Board - Board Decisions

Jan 30, 1948

75 N.L.R.B. 1166 (N.L.R.B. 1948)

In the Matter of JOH--N RoYLE & SONS, EMPLOYER and AMALGAMATED
LOCAL 669, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IM-
PLEMENT WORKERS, CIO1 PETITIONER
Case No. 2-R-7812.-Decided Ja?iu^ary 30, 1948
Mr. Garrett Van Cleve, of Paterson, N. J., for the Employer.
Mr. John Terwilliger, of Paterson, N. J., for the Petitioner.
Mr. Carl S. Carlson, of New York City, for the Intervenor.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Paterson,
New Jersey, on June 20, 1947, before James C. Paradise, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board 1 makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
John Royle & Sons, a New Jersey corporation, is engaged in the
manufacture of extruding and other types of machinery at its plant
in Paterson, New Jersey. During a 12-month period the Employer
purchases for use at its plant raw materials value at over $100,000,
of which approximately 50 percent represents shipments from points
outside the State of New Jersey. During a similar period the Em-
ployer manufactures at its plant, machinery valued at over $100,000,
of which about 95 percent represents shipments to points outside the
State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the Act.
1 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the
Board has delegated its powers in connection with this case to a three -man panel consisting
of the undersignedIBoard Members [ Houston, Murdock , and Gray].
75 N. L. R. B., No 136.
1166
JOHN ROY LE & SONS
If. THE ORGANIZATIONS INVOLVED'
1167
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
International Association of Machinists, herein called the Inter-
venor, is a labor organization claiming to represent employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION,
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of its production and maintenance employees
until the Petitioner has been certified by the Board in an appropriate
unit.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of theAct.3
IV. THE APPROPRIATE UNIT
We find in substantial accord with the parties that all production
and maintenance employees at the Paterson, New Jersey, plant of the
Employer, excluding office and clerical employees, departmental fore-
men 4 and all supervisors, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b)
of the Act.
9 American Federation of Labor was requested in writing to submit to the Board repre-
sentation evidence , if any, but failed to do so, and no appearance was entered in its behalf
at the hearing.
3 The Employer contended at the hearing that the petition is defective in that it fails
to establish the existence of a question concerning representation . However, assuming
arguendo, that there is a technical defect in the petition , it is clear from the Employer's.
position at the hearing of refusing to recognize the Petitioner as the exclusive bargaining
representative of its production and maintenance employees that a question concerning
representation is presented . Accordingly , we shall reject this contention . See Matter of
The Buckeye Steel Castings Company , 75 N. L. R B. 982 . The Employer ' s further
objection to this proceeding on the ground that the record fails to indicate the Petitioner's
showing of 'interest also "lacks merit we have repeatedly held that the matter of showing
is one of administrative expediency to enable the Board to determine for itself whether or
not further proceedings are warranted and, as such , is not subject to attack by any of
the parties . Matter of O. D. Jennings & Company, 68 N. L. R. B. 516.
4 Contrary to the agreement of the parties , we have excluded the departmental foremen
inasmuch as they are supervisors within the meaning of the amended Act.
1168 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTION 5
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with John Royle & Sons, Paterson,
New Jersey, 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 Second Region, and subject to Sections 203.61 and 203.62 of
National Labor Relations Board Rules and Regulations-Series 5,
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, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election and employees on strike who
are not entitled to reinstatement, to determine whether they desire to
be represented by Amalgamated Local 669, United Automobile, Air-
craft and Agricultural Implement Workers, CIO, or by International
Association of Machinists, for the purposes of collective bargaining, or
by neither.
0 Any participant in the election herein may, upon its prompt request to, and approval
thereof by, the Regional Director, have its name removed from the ballot.