Matthews Manufacturing Co.

National Labor Relations Board - Board Decisions

Apr 15, 1942

40 N.L.R.B. 572 (N.L.R.B. 1942)

In the Matter Of MATrIJEWS MANUFACTURING COMPANY and STEEL
WORKERS ORGANIZING COMMITTEE
Case No. R-3710.-Decided April, 15, 1942
Jurisdiction : sheet-metal stampings manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal of Company to accord petitioner recognition ; election necessary. '
Unit Appropriate for Collective Bargaining : production and maintenance,
shipping and receiving department employees, including factory timekeepers,
but excluding executives, supervisors, and office and clerical employees; agree-
ment as to.
Mr. George H. Mirick, of Worcester, Mass., for the Company.
Grant ai Ango ff, by Mr. Sidney S. Grant, of Boston, Mass., for the
Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE
On March 27, 1942, Steel Workers Organizing Committee, herein
called the Union, filed with the Regional Director for the First Region
(Boston, Massachusetts) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
Matthews Manufacturing Company, Worcester, Massachusetts, herein
called the Company, and requesting an investigation and certification
of representatives pursuant-to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On March 31, 1942,
the National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended, 'ordered an investigation and authorized the Regional Di-
rector to conduct it and to provide for an appropriate hearing upon
due notice.
On April 1, 1942, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
Pursuant to notice, a hearing was held on April 7, 1942, at Worcester,
Massachusetts, before Albert J. Hoban, the Trial Examiner duly desig-
40 N. L. R. B, No. 101.
572 -
MATTHEWS MANUFACTURING COMPANY 573
nated by the Chief Trial Examiner. The Company and the Union
were represented and participated in the hearing. Full opportunity to
be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues was afforded all parties. During the
course of the hearing the Trial Examiner granted a motion of the
Union to amend its petition as to formal matters and made several
rulings on other motions and on objections to the admission of evi-
dence. The Board has reviewed all the rulings of the Trial Examiner
and finds that no prejudicial errors were committed. The rulings are
hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Matthews Manufacturing Company is a Massachusetts corporation
with its principal plant at Worcester, Massachusetts, where it is en-
gaged in the business of manufacturing, selling, and distributing sheet-
metal stampings. During 1941 the Company used raw materials
valued in excess of $100,000, approximately 90 percent of which was
shipped to it from outside the State of Massachusetts. During, the
same period, the Company sold finished products valued in excess of
$100,000, approximately 95 percent of which was shipped outside the
State of Massachusetts. The Company admits that it is engaged in
commerce within the meaning of the Act.
H. THE ORGANIZATION INVOLVED
Steel Workers Organizing Committee is a labor organization affili-
ated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 26, 1942, the Union requested the Company to recognize
it as the exclusive representative of its employees. The Company
denied this request. A statement of the Regional Director, intro-
duced into evidence at the hearing, shows that the Union represents
a substantial number of employees in the unit hereinafter found to
be appropriate.1
We find that a question has arisen concerning the representation
of employees of the Company.
' The Regional Director reported that the Union presented 182 membership application
cards bearing the signatures of persons whose names appear on the Company's pay roll
of March 18 , 1942 There are 346 employees in the unit hereinafter found to be appropriate
1
574 DECISIONS OF NATIONXL LABOR RELATIONS -BOARD
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company and the Union agree, and we, find, that all produc-
tion , maintenance, shipping and receiving department employees of
the Company, including factory timekeepers, but excluding executives,
supervisors, and office and clerical employees, constitute a unit appro-
priate for the purposes of collective bargaining. We further find
that such unit will insure to employees of the Company the full bene-
fit of their right to self-organization and to collective bargaining and
otherwise will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has arisen
can best be resolved by means of an election by secret ballot. We shall
direct that the employees of the Company eligible to vote in the elec-
tion shall be those within 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.
Upon the basis of the above findings of fact and upon the entire
,record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Matthews Manufacturing Company, Wor-
cester, Massachusetts, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the Act.
2. All production, maintenance, shipping and receiving department
employees of the Company, including factory timekeepers, -but exclud-
ing executives, supervisors, and office and clerical employees, consti-
tute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
MATTHEWS MANUFACTURING COMPANY
DIRECTION OF ELECTION
575
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Matthews Manufacturing Company, Worcester, Massacbusett;.
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 Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among all production, maintenance, shipping and re-
ceiving department employees of the Company who were employed
during the pay-roll period immediately preceding the date of this
Direction, including factory, timekeepers and employees who did not
work during such pay-roll period because they were ill or on vacation
or in the active military service or training of the United States, or
temporarily laid off, but excluding executives, supervisors, office and
clerical employees, and employees who have since quit or been dis-
charged for cause, to determine whether or not they desire to be repre-
sented by Steel Workers Organizing Committee, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining.
11
In the Matter Of MATTHEWS MANUFACTURING COMPANY and STEEL
WORKERS ORGANIZING COMMITTEE (C. I. 0.)
Case No. R-710
CERTIFICATION OF REPRESENTATIVES
May • 11, 1940
On April 15, 1942, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceed-
ings.' Pursuant to the Direction of Election, an election by secret
ballot was conducted on April 29, 1942, under the direction and
supervision of the Regional Director for the First Region (Boston,
Massachusetts). On April 30, 1942, the Regional Director, acting
pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, issued and duly
served upon the parties an Election Report on the ballot. No ob-
jections to the conduct of the ballot or the Election Report have been
filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote -------------------------------- 324
Total number of votes cast---------------------------------- 283
Total number of valid votes-------------------------------- 281
Total number of ballots marked for Union-------------------- 146
Total number of ballots marked against Union---------------- 135
Total number of blank ballots------------------------------- I
Total number of void ballots-------------------------------- 1
Total number of challenged ballots--------------------------- 0
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8
and 9, of National Labor Relations Board Rules and Regulations-
Series 2, as-amended,
IT IS HEREBY CERTIFIED that Steel Workers Organizing Committee,
affiliated with the Congress of Industrial Organizations, has been
designated and selected by a majority of all production, maintenance,
shipping and receiving department employees of Matthews Manu-
140 N L R B 572.
10N.L R B,No.101a.
576
MATTHEWS MANUFACTURING COMPANY 577
facturing Company, Worcester, Massachusetts, including factory
timekeepers, but excluding executives, supervisors, and office and
clerical employees, as their representative for the purposes of col-
lective bargaining, and that, pursuant to Section 9 (a) of the Act,
Steel Workers Organizing Committee, affiliated with the Congress
of Industrial Organizations, is the exclusive representative of all
such employees for the purposes of collective bargaining in respect
to rates of pay, wages, hours of employment, and other conditions
of employment.
4 ,5577 1-42 -vol . 40-37