Lumen Bearing Co.

National Labor Relations Board - Board Decisions

Aug 21, 1943

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

Q
In the Matter of LUMEN BEARING COMPANY and DISTRICT 76,
INTERNATIONAL ASSOCIATION OF MACHINISTS
Case No. R-5803.-Decided August f1, 1943
Messrs. Walter J. Mahoney and Noah V. Young, of Buffalo, N. Y.,
for the ,Company.
Messrs. R. D. Newell and Nelson Duerr, of Buffalo , 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 District 76, International Association
of Machinists, herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Lumen Bearing Company, Buffalo, 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 Buffalo, New York, on August
3, 1943. The Company and the Union appeared, participated, 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.
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
Lumen Bearing Company. is a New York corporation with its
principal place of business at Buffalo, New York, where it is engaged
' Subsequent to the hearing the parties entered into a stipulation reciting that certain
plant-protection employees are members of the auxiliary military police and should there-
fore be excluded from the unit The stipulation is hereby made a part of the record
52 N. L. R. B., No. 11.
52
LUMEN BEARING COMPANY 53r
in the manufacture of bronze and brass castings. During the, first
6 months of 1943 the Company used raw materials valued at about
$350,000, approximately 40 percent of which was shipped to it from,
points outside the State of New York. During the same period the
Company manufactured finished products valued at about $837,000,
approximately 80 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
District 76, International Association of Machinists, is a labor
organization , admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive
collective bargaining representative of its employees until such time'
as the Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a substan-
tial 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
The Union and the Company agree that all production and main-
tenance employees of the company, including timekeepers, shop,
clerks, shipping clerks, and pattern clerks, but excluding supervisory,.
office and clerical employees, engineering and cost department
employees, office porters, and company chauffeurs, constitute all
appropriate unit.
The Company employs seven plant-protection employees. They
are armed and sworn auxiliaries of the United States Military Police..
In accordance with our usual practice we shall exclude them from the-
unit.
We find that all production and maintenance employees of the-
Company, including timekeepers, shop clerks, shipping clerks, and'
pattern clerks, but excluding office, clerical, and plant-protections
employees, engineering and cost department employees, office porters,.
2 The Field Examiner reported that the Union presented 79 membership application cards
bearing apparently genuine signatures of persons whose names appear on the Company's
pay roll of July 4, 1943. There are approximately 147 employees in the appropriate unit..
54 DECTSJONS OF NATIONAL LABOR RELATIONS BOARD-
company chauffeurs, and all supervisory 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
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
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Lumen Bearing
Company, Buffalo, 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, Section 10, of said Rules and Regulations, 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 District
76, International Association of Machinists, for the purposes of
collective bargaining.
CHAIRMAN MiLLIs took no part in the consideration of the above
Decision and Direction of Election.