Lightwell Appliance Corp.

National Labor Relations Board - Board Decisions

Nov 15, 1946

71 N.L.R.B. 709 (N.L.R.B. 1946)

In the Matter of LIGHTWELL APPLIANCE CORP., EMPLOYER and DISTRICT
50, UNITED MINE WORKERS OF AMERICA, PETITIONER
In the Matter of LIGHTWELL APPLIANCE CORP., EMPLOYER and UNITED
WIRE AND METAL WORKERS UNION, LOCAL 36, AFFILIATED WITH
PLAYTHINGS, JEWELRY AND NOVELTY WORKERS INTERNATIONAL
UNION, CIO, PETITIONER
Cases Nos. 2-8,6380 and 2-RD516, respectively.Decided
November 15, 194.6
Mr. George P. Daatvucn, of Brooklyn, N. Y., for the Employer.
Mr. Samuel B. Harris, of Newark, N. J., for District 50.
Mr. Joseph Gullotta, of New York City, for Local 36.
Mr. Jerome J. Dick, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon petitions duly filed, a consolidated hearing in this case was held
at New York City, on June 27, 1946, before Richard J. Hickey, Trial
Examiner. 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 National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Lightwell Appliance Corp., a New York corporation with its
principal office and plant in Brooklyn, New York, is engaged in
the manufacture, sale and distribution of lamps and lighting fix-
tures. During the period from December 1945 to June 19416, the
Employer purchased raw materials valued at approximately $100,000,
30 percent of which was shipped from points outside the State of
New York. During the same period, the Employer manufactured
finished products valued at $200,000, approximately 60 percent of
which was shipped to points outside the State of New York.
71 N. L. R. 13., No. 116.
709
710 DECISIONS Or NATIONAL LABOR RELATIONS BOARD
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
District 50, United Mine Workers of America, herein called Dis-
trict 50, is a labor organization affiliated with the American Federa-
tion of Labor, claiming to repTesent employees of the Employer.
United Wire and Metal Workers Union, Local 36, herein called
Local 36, is a labor organization affiliated with Playthings, Jewelry
and Novelty Workers International Union, in turn affiliated with the
Congress of Industrial Organizations, claiming to represent em-
ployees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize either District 50 or Local 36
as the exclusive bargaining representative of employees of the Em-
ployer until one of these organizations has been certified by the Board
in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, 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 the agreement of the parties, that all
production and maintenance employees of the Employer's Brooklyn,
New York, plant, including but not limited to junior assemblers,
welders, packers, general helpers, maintenance men, part-time helpers,
leadmen,i and shipping clerks, but excluding clerical employees,
material men (expediters), foremen, and all other supervisory em-
ployees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively
recommend such action, constiute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b)
of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Lightwell Appliance Corp.,
Brooklyn, 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
'It is clear from the record that leadmen are not supervisory employees within the
meaning of the Board ' s customary definition.
LIGHTWELL APPLIANCE CORP. 711
this Direction, under the direction and supervision of the Regional
Director for the Second Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Sections
10 and 11, of National Labor Relations Board Rules and Regulations-
Series 3, as amended, among the employees in the unit found appro-
priate 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 em-
ployees in the armed forces of the United States who present them-
selves 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
they desire to be represented by District 50, United Mine Workers of
America, or by United Wire and Metal Workers Union, Local 36,
affiliated with Playthings, Jewelry and Novelty Workers International
Union, CIO, for the purposes of collective bargaining, or by neither.
MR. JAMES J. REYNOLDS, JR., took no part in the consideration of the
above Decision and Direction of Election.