Positive Lockwasher Co. of America

National Labor Relations Board - Board Decisions

Oct 8, 1945

63 N.L.R.B. 1489 (N.L.R.B. 1945)

In the Matter of POSITIVE LOCKWASHER COMPANY OF AMERICA and
LOCAL 713, UAW-CIO and POSITIVE LOCKWASHER EMPLOYEES' Asso-
CIATION
Case No. 9-RE-73.-Decided October 8, 1945
Mr. Clarence A. Ward, of Elizabeth, N. J., for the Company.
Rothbard, Harris & Talisman, by Mr. Bernard Cherny, of Newark,
N. J., for the UAW.
Pellegrin & Pellegrin, by Mr. Franklin E. Pellegrin, of Newark,
N. J., for the Association.
Mr. Glenn L. Moller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Positive Lockwasher Company, New-
ark, New Jersey, herein called the Company, alleging that a question
affecting commerce had arisen concerning the representation of its
employees, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Cyril W. O'Gorman, Trial
Examiner . The hearing was held at Newark, New Jersey, on July
5 and 6, 1945. The Company, International Union, United Auto-
mobile, Aircraft & Agricultural Implement Workers of America,
Local 713, CIO, herein called the UAW, and Positive Lockwasher
Employees' Association, herein called the Association, 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 an 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
The Positive Lockwasher Company of America is a New Jersey
corporation with its office and plant'located in Newark, New Jersey,
where the Company is engaged in the manufacture of spring washers.
63 N. L. R. B, No. 224.
1489
1490 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
During the year 1944 the Company used raw materials, consisting
chiefly of steel and bronze, valued in excess of $100,000, of which
materials 66 percent was shipped to the Company's Newark plant from
points outside the State of New Jersey. During the same period 90
percent of the finished products of the Newark plant was shipped to
points outside the State of New Jersey.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft & Agricultural
.Implement Workers of America, Local 713, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
Positive Lockwasher Employees' Association is an unaffiliated labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to either union as
the exclusive bargaining representative of its employees until it has
been certified by the Board in an appropriate unit.
Although the UAW has represented the employees involved in this
proceeding since-April 1943, its last collective bargaining agreement
with the Company expired February 1, 1945, each party having noti-
fied the other of its desire to terminate the agreement.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that each union represents a substantial number of em-
ployees in the unit hereinafter found 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) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In conformity with the stipulation of the parties, we find that all
employees of the Company at its Newark plant, excluding executives,
direct representatives of the management, directors of the Company,
factory managers, assistant factory managers, foremen, clerical and
office employees, and all or any other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
i The Field Examiner reported that the Association submitted a petition and authorization
cards bearing apparently genuine original signatures of 27 persons . There are 45 employees
in the appropriate unit. The UAW relies upon its contract as evidence of its interest.
POSITIVE LOCKWASHER COMPANY OF AMERICA 1491
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 an election by secret ballot among the em-
ployees 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 Positive Lock-
washer Company of America, Newark, New Jersey. 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 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-
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 the 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 they desire to be represented by
International Union, United Automobile, Aircraft & Agricultural;
Implement Workers of America, Local 713, affiliated with the Congress,
of Industrial Organizations, or by Positive Lockwasher Employees' As-
sociation, for the purposes of collective bargaining, or by neither..
662514-46-vol, 63-95