National Electric Instrument Co., Inc.

National Labor Relations Board - Board Decisions

Jan 14, 1946

65 N.L.R.B. 427 (N.L.R.B. 1946)

In the Matter of NATIONAL ELECTRIC INSTRUMENT CO., INC.' and INTER-
0
NATIONAL ASSOCIATION OF MACHINISTS
Case. No. 2-R-5725.Decided January 14, 1946
Mr. L. L. Balleisen, of New York City, and Mr. Walter A. Arneson,
of Corona , L. I., for the Company.
Mr. Steven M. Este, of New York City, Mr. Harold J. Mathews, of
Long Island City, N. Y., and Mr . James Matienzo , of Jackson Heights,
L. I., for the Union.
Mr. David V. Easton , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Association of Machin-
ists, herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Na-
tional Electric Instrument Co., Inc., Elmhurst, Long Island, New
York, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Richard
J. Hickey, Trial Examiner. The hearing was held at New York City
on August 14 and September 12, 1945. The Company and the Union
appeared and participated. All parties 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
1. THE BUSINESS OF THE COMPANY
National Electric Instrument Co., Inc., a New York corporation
with its offices and plant located in New York City, is engaged in the
' At the hearing, the Trial Examiner granted a motion to correct all papers in the
proceeding to reflect the true name of the employer as set forth above
65 N. L. R. B., No. 77.
427
428 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
manufacture, sale, and distribution of electrical surgical instruments.
During the period from August 1, 1944, to July 31, 1945, the Company
purchased raw materials valued in excess of $100,000, of which 40 per-
cent was shipped to the Company from points outside the State of
New York. During the same period, the Company sold finished prod-
ucts valued in excess of $200,000, of which approximately 90 percent
was shipped to points outside the State of New York.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
International Association of Machinists is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about June 8, 1945, the Union requested recognition from the
Company as the representative of certain of its employees. By letter
dated June 14, the Company refused this request because of doubt
as to the Union's majority status.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found 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 are agreed upon the propriety of a
unit consisting of all production, maintenance, and shipping employees
of the Company, excluding office and plant clerical 3 employees, and
all supervisory employees. Dispute exists with respect to 6 of 10
working foremen of the Company; the Union contends that these indi-
viduals are supervisory employees, whereas the Company asserts the
contrary.
The record indicates that all working foremen spend at least 70
percent of their time in the perfornfance of manual labor. They are
more experienced workers to whom the Company entrusts the respon-
sibility of setting up machines, instructing other employees, assigning
2 The Field Examiner reported that the Union submitted 25 cards bearing the names of
23 employees, listed on the Company's pay roll for the week ending June 16, 1945.
The record indicates that, as of the date of the hearing, there were approximately 57
employees in the appropriate unit
3 The parties agree that plant clerical employees are those employees in the plant who
spend 50 percent or more of their time in purely clerical duties They further agree that
w. Gardner, Sr , is si clerical employee.
NATIONAL ELECTRIC INSTRUMENT CO., INC. 429
them to various duties, and directing their work. However, they have
no authority to hire, discharge, or make effective recommendations
affecting the status of their fellow workers. Under these circum-
stances, we shall include all working foremen.
We find that all production, maintenance, and shipping employees
of the Company, including working foremen, but excluding office and
plant clerical employees '4 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, consti-
tute a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
b
The Company contends that no election should be directed until
disposition has been made of unfair labor practice charges filed by
the Union against the Company.5 Since, however, the Union has filed
a waiver of any right or privilege to urge any of the matters contained
in these charges as the basis for objections to any election, or to the
results thereof, we perceive no valid reason for delaying a present
determination of representatives.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among 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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with National Electric
Instrument Co., Inc., Elmhurst, Long Island, 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 direc-
tion 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 said Rules and Regula-
See footnote 3, supra.
Case No. 2-C-5902
430 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tions, 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 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 or not they desire to be represented by
International Association of Machinists, for purposes of collective
bargaining.