45 N.L.R.B. 291 (N.L.R.B. 1942)

Royal Typewriter Co., Inc.

National Labor Relations Board - Board DecisionsOct 31, 1942

45 N.L.R.B. 291 (N.L.R.B. 1942)

In the Matter Of ROYAL TYPEWRITER COMPANY, INC. and ROYAL INDUSTRIAL UNION, LOCAL 265, UNITED ELECTRICAL , RADIO & MACHINE WORKERS OF AMERICA, C. I. O. Case No. R-4317.-Decided October 31, 1942 Jurisdiction : ordnance manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord petitioner recognition; election necessary. Unit Appropriate for Collective Bargaining : guards, excluding the corporal, sergeant, captain, and chief. Definitions : guards held employees within the meaning of the Act notwithstand- ing their relationship to United States Government. Mr. Walfred G: Lunndborg, of Hartford, Conn., for the Company. Mr. Joseph Caizazza, of Hartford, Conn., for the Union. â€¢M11r. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Royal Industrial Union, Local 265, United Electrical, Radio & Machine Workers of America, C. I. O., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Royal Type- writer Company, Inc., Hartford, Connecticut, herein called'the Com- pany, the National Labor Relations Board provided for an appropriate hearing upon due notice before Thomas H. Ramsey, Trial Examiner. Said hearing was held at Hartford, Connecticut, on September 29, 1942. The Company and the Union appeared, participated, and 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. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Royal Typewriter Company, Inc., is a New York corporation with its principal place of business at Hartford, Connecticut,' where it is 45 N. L R B, No. 43. 291 292 DECISIONS OF NATIONAL LABOR RELATIONS BOARD engaged in the manufacture of typewriters and articles of ordnance. The Company purchases raw materials valued in excess of $1,000,000 annually, approximately 20 percent of which is shipped to it from outside Connecticut. The Company produces finished products valued in excess of $10,000,000 annually, approximately 95 percent of which is shipped out of Connecticut. H. THE ORGANIZATION INVOLVED Royal Industrial Union, Local 265, United Electrical, Radio & Ma- chine Workers of America, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership em- ployees of the Company. III. THE QUESTION CONCERNING REPRESENTATION During July 1942, the Union requested the Company to recognize it as the exclusive representative of certain of the Company's em- ployees. The Company refused this request. The Union and the Company stipulated that the Union represents- a substantial number of the 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) and Section 2 (6) and (7) of the National Labor Relations Act. IV. THE APPROPRIATE UNIT The Union contends that all guards employed by the Company, excluding the corporal , sergeant, captain , and chief, constitute a unit appropriate for the purposes' of collective bargaining. The Com- pany contends that because of the nature of the duties and responsi- bilities of the guards and because of their relation to the United States Government, it has no control- over them and that, therefore, they should not be set up' as a bargaining unit. The guards are uniformed and carry firearms. They work on gate duty inspecting all incoming and outgoing vehicles and persons, and, at present, one of their more important duties is to prevent sabotage . The guards are hired, discharged, and paid by the Com- pany and appear on the Company's regular pay roll. All guards take an oath of allegiance to the United States Government, are subject to the Articles of War, and are given training by the United States Army. We cannot accept the Company's contention that 'it has no control over the guards. Clearly, the relationship between the Company and ROYAL TYPEWRITER COMPANY, INC. 293 the, guards is that of employer and employee. We find nothing in the duties of the guards, set forth above, to warrant us in depriving them of the right to self-organization and to collective bargaining guaranteed under the Act. We find that the guards are employees within the meaning of Section 2 (3) of the Act and are entitled to all its benefits.- The corporal, sergeant, captain, and chief are super- visory employees, and we shall exclude them from the unit. We find that all guards of the Company, excluding the corporal, sergeant, captain, and chief, constitute a unit appropriate for the purposes of collective bargaining, within the meaning, of Section 9 (b) of the Act. V. THE DETERMINATION OP REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. The Union requests that a pay roll as of October 1, 1942, be used to determine eligibility to vote. The Company contends that a current pay roll should be used for that purpose. Since no reason appears for de- parting from our usual practice, we shall direct that the employees eligible to vote in the election 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 addition's 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 Rela- tions Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Royal Typewriter Company, Inc., Hartford, Connecticut, 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 super- vision of the Regional Director for the First Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, 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 1 See Matter of Chrysler Corporation, Highland Park Plant and Local 114, United Auto- mobile, Aircraft and Agricultural Implement Workers of America, afltated unth'the C. 1. 0., 44 N. L. R B. 881. 294 DECISIONS OF NATIONAL LABOR RELATIONS- BOARD the date of this Direction, including any such employees who did not work during said 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 any who have since quit or been discharged for cause, to determine whether or not they desire to be represented- by Royal Industrial Union, Local 265, United Electrical, Radio & Machine Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election.