Pass & Seymour, Inc.

National Labor Relations Board - Board Decisions

Oct 11, 1945

64 N.L.R.B. 51 (N.L.R.B. 1945)

In the Matter Of PASS & SEYMOUR, INC. and DISTRICT 50, UNITED'
MINE WORKERS OF AMERICA
Case No. 3-R-11054.-Decided October 11, 1945
Bond, S'choeneck ct ping, by Mr. Lyle Hornbeck- ,, of Syracuse, N. Y.,
for the Company.
Mr. Frank Podsiodlik and Mr. Andrew Hizmey, of Syracuse ,'N. Y.,'
for the Union.
Mr. John E. Lawyer , of counsel to the Board.'
DECISION
AND
'DIRECTION OF ELECTION
STATEMENT OP THE CASE,
Upon petition duly filed by District 50, United ' Mine Workers of
America, herein called the' Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Pass & Seymour, Inc., Solvay, New York, herein called the Company,
the National, Labor Relations Board provided for an appropriate
hearing upon due notice before'Eugene von Wellsheim, Trial Exam-
mer. The hearing was held at Syracuse, New York; on August 3,
1945. The Company and the Union appeared at-and participated in
the hearing, and all parties were afforded full opportunity to be
heard, to , examine ,and cross-examine witnesses, and to introduce evi-
dence 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
Pass & Seymour, Inc:; a New York corporation, h'as its principal
office and plant at Solvay, New York, where it is engaged in,the'manu-,
facture of 'electric wiring devices and- insulators. During the period
from July 1,,1944, to June 30, 1945, the Company used at its Solvay,
64 N L. R B., No. 10.
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52 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
New York, plant raw materials 'of a value exceeding $250,000, of
which approximately 80 percent was obtained from points outside
the State of New York. During the same period, the Company manu-
factured at its Solvay, New York, plant finished products of a value
exceeding $250,000, of which approximately 80 percent was shipped
to,points outside the State. The Company admits that 'it is engaged
in commerce within the meaning of the National Labor Relations Act.
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II. THE ORGANIZATION INVOLVED
District 50, United Mine Workers of America, is a labor organization
admitting, to membership employees.of the ,Company.
III. THE QUESTION CON,GERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive collec-
tive bargaining representative of the employees involved herein until
such time as it is certified by the Board.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be appropriate..
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of
Section 9 (c) acid Section 2 (6) and, (7)'.of the'Act. ' '
IV.' THE APPROPRIATE UNIT
We find, iii substantial accordance with the agreement of the parties,
that all production and maintenance employees of the Company, includ-
ing watchmen and model makers, but excluding office and clerical em-
ployees,,clerks in the shipping department, timekeepers,' foremen's
clerks, production control clerks, nurses, personnel department clerks;
German War Prisoners,2 engineers and draftsmen (exclusive of the so-
called engineers in the powerhouse), expeditors or stock chasers, execu-
tives, working foremen, assistant foremen, foremen, and all other super-
visory 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.3
' The Field Examiner reported that the Union presented 204 authorization cards, and
that there are approximately 444 employees in the appropriate unit.
2 German War Prisoners are employed intermittently by the Company and are merely
casual workers '
The unit found above is substantially the same as that found appropriate in a prior
proceeding See Matter of Pass & Seymour, Inc, 51 N L . R B. 1135.
PASS & SEYMOUR, INC.
V. THE DETERMINATION OF REPRESENTATIVES
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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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Pass &-Seymour,
Inc., Solvay , 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, Sections 10
and 11, 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 includ-
ing 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 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 District 50, United Mine Workers of America, for
the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election. '
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