Sargent & Co.

National Labor Relations Board - Board Decisions

Jan 9, 1942

38 N.L.R.B. 127 (N.L.R.B. 1942)

In the Matter of SARGENT & COMPANY and LOCAL 243 OF THE UNITED
ELECTRICAL , RADIO & MACHINE WORKERS OF AMERICA, AFFILIATED
WITH THE C. I. O.
Case No. R-34L7.Decided January 9, 1942
Investigation and Certification of Representatives : stipulation for certification
on consent election
Mrs. Elinore M. Herrick , for the Board.
Mr. F. A. Smith, of New Haven, Conn ., for the Company.
Mr. Frank Schemer, of New York City, for the Union.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On October 25, 1941, Local 243 of the United Electrical, Radio &
Machine Workers of America, affiliated with the C. I. 0., herein called
the Union, filed with the Regional Director for the Second Region (New
York City) a petition alleging that a question affecting commerce
had arisen concerning the representation of employees of Sargent &
Company, herein called the Company, engaged in the manufacture of
hardware at New Haven, Connecticut, and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of,the
National Labor Relations Act, 49 Stat. 449, herein called the Act. On
December 3, 1941, the National Labor Relations Board, herein called
the Board, acting pursuant to Section 9 (c) of the Act, and Article
III, Section 3, of National Labor Relations Board Rules and Regula-
tions-Series 2, as amended, ordered an investigation and authorized
the Regional Director to conduct it and to provide for an appropriate
hearing upon due notice. On December 11, 1941, the Company, the
Union, and the Regional Director entered into a "STIPULATION FOR
CERTIFICATION ON CONSENT ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on December 18, 1941, under the direction and supervision
38 N L R. B, No 29
121
128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the Regional Director, among all hourly rated production, mainte-
nance, and foundry employees of the Company, including all pro-
duction, stock and shipping clerks, supervisors, section bosses, re-
ceiving and delivery-truck clerks who pull trucks, and coop men, but
excluding all office employees, typists, salaried supervisors, execu-
tives, officers of the Company, foremen, assistant foremen, timekeepers,
industrial engineers, draftsmen, designers, sales employees, watch-
men, guards, errand boys and girls, time-study men, chief stationary
engineer, firemen, instructor in Department IT, (foundry), cafeteria
employees, planning-department employees, stock chasers, receiving
and delivery clerks who do not pull trucks, back-order clerks, stock
clerks, layers out, order clerks, stock selectors, and female instructors,
to determine whether or not they desired to be represented by the
Union. On December 20, 19415 the Regional Director issued and duly
served upon the parties an Election Report on the ballot. No objec-
tions to the conduct of the ballot or the Election Report have been filed
by any of the parties.
In her Election Report the Regional Director reported as follows
concerning the balloting and its results :
Total on eligibility list_ ____________________________________ 1240
Total ballots cast__________________________________________ 1202
Total ballots challenged___________________________________ 7
Total blank ballots _________________________________________ 3
Total void ballots__________________________________________ 5
Total valid votes counted___________________________________ 1187
Votes cast for Local 243 of the United Electrical , Radio & Ma-
chine Workers of America, affiliated with the C . I. 0______ 927
Votes cast against Local 243 of the United Electrical , Radio &
Machine Workers of America, affiliated with the C. I. O____ 260
Upon the basis of the stipulation, the Election Report, and the
entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Sargent & Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
2. All hourly rated production, maintenance, and foundry em-
ployees of the Company, including all production, stock and shipping
clerks, supervisors, section bosses, receiving and delivery-truck clerks
who pull trucks, and coop men, but excluding all office employees,
typists, salaried supervisors, executives, officers of the Company, fore-
men, assistant foremen, timekeepers, industrial engineers, draftsmen,
designers , sales employees , watchmen, guards , errand boys and girls,
SARGENT & COMPANY 129
time-study men, chief stationary engineer, firemen, instructor in De-
partment V, (foundry), cafeteria employees, planning-department
employees, stock chasers, receiving and delivery clerks who do not pull
trucks, back-order clerks, stock clerks, layers out, order clerks, stock
selectors, and female instructors, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Naticnal Labor Relations Act.
3. Local 243 of the United Electrical, Radio & Machine Workers
of America, affiliated with the C. I. 0., has been designated and
selected by a majority of the employees in the above unit as their
representative for the purposes of collective bargaining, and is the
exclusive representative of all employees in said unit within the mean-
ing of Section 9 (a) of the National Labor Relations Act.
CERTIFICATION 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
Relations Act,
IT IS HEREBY CERTIFIED that Local 243 of the United Electrical, Radio
& Machine Workers of America, affiliated with the C. I. 0., has been
designated and selected by a majority of the hourly rated production,
maintenance, and foundry employees of Sargent & Company, New
Haven, Connecticut, including all production, stock and shipping
clerks, supervisors, section bosses, receiving and delivery-truck clerks
who pull trucks, and coop men, but excluding all office employees,
typists, salaried supervisors, executives, officers of the Company, fore-
men, assistant foremen, timekeepers, industrial engineers, draftsmen,
designers, sales employees, watchmen, guards, errand boys and girls,
time-study men, chief stationary engineer, firemen, instructor in De-
partment V, (foundry), cafeteria employees, planning-department
employees, stock chasers, receiving and delivery clerks who do not
pull trucks, back-order clerks, stock clerks, layers out, order -clerks,
stock selectors, and female instructors, as their representative for
the purposes of collective bargaining, and that, pursuant to Section
9 (a) of the Act, Local 243 of the United Electrical, Radio & Machine
Workers of America, affiliated with the C. I. 0., is the exclusive rep-
resentative of all such employees for the purposes of collective bar-
gaining in respect to rates of pay, wages, hours of employment, and
other conditions of employment.
438861-42-vol. 38-10