National Can Co.

National Labor Relations Board - Board Decisions

Aug 15, 1939

14 N.L.R.B. 678 (N.L.R.B. 1939)

In the Matter of NATIONAL CAN Co. and STEEL WORKERS ORGANIZING
COMMITTEE LODGE No. 1670
In the Matter of NATIONAL CAN COMPANY and DISTRICT No. 15, INTER-
NATIONAL ASSOCIATION OF MACHINISTS
Cases Nos. R-1354 and R-1355, respectively
AMENDMENT TO DIRECTION OF ELECTION
August 15, 1939
On July 29, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision, Certifications of Representatives,
and Direction of Election in the above-entitled proceeding,' the elec-
tion to be held within fifteen (15) days from the date of the Direc-
tion, under the direction and supervision of the Regional Director
for the Second Region (New York City). The Board, having been
advised by the Regional Director for the Second Region that a longer
period in which to hold the election is necessary, hereby amends the
Direction of Election issued on July 29, 1939, by striking therefrom
the words "within fifteen (15) days from the date of this Direction"
and substituting therefor the words "within twenty-five (25) days
from the date of this Direction."
MR. EDWIN S . SMITH took no part in the consideration of the above
amendment to Direction of Election.
113 N. L. R. B. 1242.
14 N. L. R. B., No. 47.
[SAME TITLE]
SUPPLEMENTAL DECISION
AND
CERTIFICATIONS OF REPRESENTATIVES
August 30, 1939
On July 29, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision, Certifications of Representa-
tives, and Direction of Election in the above-entitled proceeding.
On August 15, 1939, the Board issued an Amendment to Direction of
Election.
678
NATIONAL CAN COMPANY 679
In its Decision, the Board certified the International Brotherhood
of Electrical Workers, Local No. 3, and the Pattern Makers Asso-
ciation of New York and Vicinity as the exclusive representatives of
the electricians and the pattern makers, respectively, of the National
Can Corporation, herein called the Company, at its Maspeth, Long
Island, plant. The Board also found that Lodge 1670 of the Steel
Workers Organizing Committee, herein called the S. W: O. C., repre-
• seated a majority of the employees in the industrial unit but with-
held certifying it until the inclusion or exclusion of the machinists
was determined by an election ordered among them. The Board pro-
vided in its amended Direction, that an election by secret ballot
should be conducted within twenty-five (25) days from the, date
of the Direction under the supervision of the Regional Director for
the Second Region, among the machinists of the Company at its
Maspeth plant, who were employed during the pay-roll period imme-.
diately preceding the date of the Direction, including employees who
did not work during such pay-roll period because they were ill or
on vacation and employees who were then or have since been laid
off only temporarily, but excluding employees who have since quit
or been discharged for cause, to determine whether they desired to
be represented by District No. 15, International Association of
Machinists, affiliated with the American Federation of Labor, herein
called the I. A. M., or, by Lodge 1670 of the Steel Workers Organiz-
ing Committee, affiliated with the Congress of Industrial Organza-,
tions, for the purposes of collective bargaining, or by neither.
On August 16, 1939, the Company, the I. A. M., and the S. W. O. C.
entered into a stipulation providing for the withdrawal of the
S. W. O. C.'s claim to representation of the machinists at the Mas-
pethplant of the Company, that the term "machinists" shall be con-.
strued to mean machinists, tool and die makers, maintenance mechan-
ics, apprentices, and helpers, that these employees constitute a unit
appropriate for the purpose of collective bargaining, that the I. A. M.
represents a majority of the employees in this unit, and that the stipu-
lation had been executed for the purpose of eliminating the necessity
of the election ordered by the Board in its Decision above referred to,
The stipulation was entered into subject to the approval of the
Board. On August 25, 1939, the Board issued an Order approving
the afore-mentioned stipulation and making it a part of the record
in the above-entitled proceeding.
Upon the basis of the entire record, the Board makes the fol:
lowing:
SUPPLEMENTAL FINDINGS OF FACT
We find that all the machinists, tool and die-makers, maintenance
mechanics, apprentices, and helpers at the Company's Maspeth plant
19093.5-40-vol. 14--44
-$80 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
constitute a unit appropriate for the purposes of collective bargain-
ing and that said unit will insure to employees of the Company the
full benefit of their right to self-organization and to collective bar-
gaining and otherwise effectuate the policies of the Act.
We find that District No. 15, International Association of Machin-
ists, has been designated and selected by a majority of the employees
in the above-described unit as their representative for the purposes
,of collective bargaining. It is, therefore, the exclusive representa-
tive of all employees in such unit for the purposes of collective
bargaining, and we will so certify.
We also find that all employees of the Company at Maspeth, Long
Island, New York, excluding lithographers, chauffeurs, supervisors,
watchmen, ' clerical and salaried employees, pattern makers, electri-
cians, machinists, tool and die makers, maintenance mechanics, ap-
prentices, and helpers, constitute a unit appropriate for the pur-
poses of collective bargaining and that, said unit will insure to,
,employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate
the policies of the Act.
We find that Lodge 1670 of the Steel Workers Organizing Com-
mittee has been designated and selected by a majority of the above-
described unit as their representative for the purposes of collective
bargaining. It is, therefore, the exclusive representative of all em-
ployees in such unit for the purposes of collective bargaining, and
we will so certify.
Upon the basis of the above findings of fact, and upon the entire
record in the proceeding, the Board makes the following :
SUPPLEMENTAL CONCLUSIONS OF LAW
1. All the machinists, tool and die makers, maintenance mechanics,
apprentices, and helpers employed by the Company at its Maspeth
plant constitute a unit appropriate for the purposes of collective bar-
gaining, within the meaning of Section 9 (b) of the National Labor
Relations Act.
2. All the employees of the Company at its Maspeth plant, exclud-
ing lithographers, chauffeurs, supervisors, watchmen, clerical and
salaried employees, pattern makers, electricians, machinists, tool and
die makers, maintenance mechanics, apprentices, and helpers, consti-
tute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
3. District No. 15, International Association of Machinists, is the
exclusive representative of all the employees in the unit designated
NATIONAL CAN COMPANY 681
in paragraph 1 above, for the purpose of collective bargaining, within
the meaning of Section 9 (a) of the National Labor Relations Act.
4. Lodge A670 .of the Steel Workers Organizing Committee is the
exclusive representative of all the employees in the unit designated
in paragraph 2 above, for the purposes of collective bargaining,
within the meaning of Section 9 (a) of the National Labor Relations
Act.
CERTIFICATIONS OF REPRESENTATIVES
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations. Board Rules and, Regulations-Series 2,
IT Is"HEREBY CERTIFIED that District No. 15, International Associa-
tion of Machinists, has been designated and selected by a majority of
the machinists, tool and die makers, maintenance mechanics, appren-
tices, and helpers of National Can Corporation, Maspeth, Long
Island, New York, as their representative for the purposes of collec-
tive bargaining and that, pursuant to the provisions of Section 9 (a)
of the Act, District No. 15, International Association of Machinists,
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.
IT Is HEREBY CERTiyiED that Lodge 1670 of the Steel Workers
Organizing Committee has been designated and selected by a major-
ity of the employees of National Can Corporation, Maspeth, Long
Island, New York, excluding lithographers, . chauffeurs, supervisors,
watchmen, clerical and salaried employees, pattern makers, electri-
cians, machinists, tool and die makers, maintenance mechanics,. ap-
prentices, and helpers, as their representative for the purposes of
collective bargaining and that, pursuant to the provisions of Section
9 (a) of the Act, Lodge 1670 of the Steel Workers Organizing Com-
mittee 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.
MR: EDWIN S. SMITH took no part in the consideration of the
above Supplemental Decision and Certifications of Representatives.
14 N.L. R: B., No. 47a.
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