Sheldon Service Corp.

National Labor Relations Board - Board Decisions

Dec 4, 1943

53 N.L.R.B. 1121 (N.L.R.B. 1943)

In the Matter of SHELDON SERVICE CORPORATION and UNITED CON-
STRUCTION WORKERS, UNITED MINE WORKERS OF AMERICA
Case No. 2-R-4159.-Decided December 4, 1943
Mr. Frederick R. Livingston, for the Board.
Mr. George J. DeLuca, of Forest Hills, N. Y., for the Company.
Mr. Michael F. Rosenstein, of New York City, for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Construction Workers, United
Mine Workers of America, herein called the Union , alleging that a
question affecting commerce had arisen concerning the representation
of employees of Sheldon Service Corporation , Long Island City, New
York, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before James
C. Batten , Trial Examiner . Said hearing was held at New York
City, on November 1, 1943. The Board, the Company, and the Union
appeared , participated , and were afforded full opportunity to be
heard, to examine and cross -examine witnesses , and to introduce evi-
dence bearing on the issues . During the course of the hearing counsel
for the Company moved to dismiss the petition . The Trial Examiner
reserved ruling. The motion is hereby denied. The Trial Ex-
aminer'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
I. THE BUSINESS OF THE COMPANY
Sheldon Service Corporation 'is a New York corporation with its
principal place of business at Long Island City, New York, where it
53 N. L. It. B., No. 206.
1121
1122 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
is engaged in the manufacture of machined aircraft parts. During
1942 the finished products upon which the Company performed opera-
tions represented substantial value. All products worked upon by
the Company are shipped to the United States Armed Forces. The
Company admits that' it is engaged in commerce within the meaning
of the National Labor Relations Act.
U. THE ORGANIZATION INVOLVED ,
United Construction Workers, United Mine Workers of America,
is a labor organization, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On August 10, 1942, and thereafter, the Union requested the Com-
pany to recognize it as the exclusive collective bargaining representa-
tive of the Company's employees. The Company refused these
requests.
The record indicates that the Union represented a substantial num-
ber of employees in the unit hereinafter found appropriate at the time
of its first claim upon the Company.
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
We find, insubstantial agreement with a stipulation of the parties,
that all production, maintenance, and shipping employees of the Com-
pany, excluding office and clerical employees, foremen, subforemen,
set-up men, and any other supervisory employees with authority to
hire, discharge, discipline, promote, 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.
V. THE DETERMINATION OF REPRESENTATIVES
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.
SHELDON SERVICE CORPORATION
DIRECTION OF ELECTION
1123
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 Rela-
tions Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Sheldon Service
Corporation, Long Island City, 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 super-
vision 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 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 including 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
United Construction Workers, United Mine Workers of America, for
the purposes of collective bargaining.
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