Liberty Carillons, Inc.

National Labor Relations Board - Board Decisions

Apr 21, 1948

77 N.L.R.B. 245 (N.L.R.B. 1948)

In the Matter of LIBERTY CARILLONS, INC., EMPLOYER and INTER-
NATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 3, A. F. L.,
PETITIONER
Case No. 2-RCD9. Decided April 921, 1948
Mr. S. Lawrence Atkins, of New York City, for the Employer.
Mr. Julius Heller, of New York City, for the Petitioner.
DECISION
AND
DIRECTION OF ELECTION
Upon an amended petition duly filed, hearing in this case was
held at New York City, on December 23, 1947, before Herbert C. Kane,
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 2 makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Liberty Carillons, Inc., a New York corporation, is engaged in the
manufacture and distribution of bell-toned musical instruments. It
maintains its main office at 551 Fifth Avenue and a plant and labora-
tory at 231 East 47th Street, both in New York City. During the
past year, the Employer purchased raw materials, consisting chiefly
of amplifiers, radio tubes, racks and panels, steel rods, aluminum, and
sound projectors, valued in excess of $50,000, of which approximately
90 percent was shipped from points outside the State of New York.
Its sales during the same year were valued in excess of $110,000, of
i The hearing officer properly refused to peimit the Employer to inquire into the showing
of interest made by the Petitioner This is an administrative matter and is not subject
to direct or collateral attack at a healing. Matter of Southern Advance Bag and Paper
Co , 75 N L R B 614; Matter of Mascot Stove Co., 75 N. L R. B. 427, Matter of 0 D.
Jennings if Company, 68 N L. R B 516, at 517-518
2 Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its
powers in connection with this case to a three -man panel consisting of the undersigned
Board Members [Chairman -Herzog and Members Murdock and Gray]
77N L R. B.,No..28.
245
788886-49-vol. 77-17
246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
which approximately 90 percent represented sales and shipments to
points outside the State of New York.
We find that the Employer is engaged in commerce within the
meaning of the National Labor Relations Act. -
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, 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 employees of the Employer 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 the Act.
IV. THE APPROPRIATE UNIT
We find, in accord with the agreement of the parties , that all produc-
tion and maintenance employees , excluding office and clerical em-
ployees and all supervisors , as defined by the Act, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Liberty Carillons, Inc., New
York City, 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 pre-
ceding 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 also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented by International Brotherhood of
Electrical Workers, Local 3, A. F. L., for the purposes of collective
bargaining.