Shepard Niles Crane and Hoist Corp.

National Labor Relations Board - Board Decisions

Dec 10, 1943

53 N.L.R.B. 1264 (N.L.R.B. 1943)

In the Matter Of SHEPARD NILES CRANE AND HOIST CORPORATION and
INTERNATIONAL ASSOCIATION OF MACHINISTS
Case No. 3-R-675.Decided December 10, 1943
Mr. James L. Burke, of Elmira , N. Y., for the Company.
Mr. C. W. Fairfield, of Elmira , N. Y., for the Union.
Mr. Glenn L. Moller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Association of Ma-
chinists, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Shepard Niles Crane and Hoist Corporation, Montour Falls, New
York, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Peter
J. Crotty, Trial Examiner. Said hearing was held at Elmira, New
York, on November 9, 1943. 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 bear-
ing 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
I. THE BUSINESS OF THE COMPANY
Although the record in the instant proceeding contains little evi-
dence describing the Company or the nature of its business, evidence
on the matter was elicited at a previous hearing held on November
19, 1942, in Case No. III-C-113, pursuant to charges of unfair labor
practices against the Company' TJie evidence at that hearing, of
'The Company offered no evidence of jurisdictional facts . at the hearing, but raised no
objection when the Trial Examiner indicated that the Board would ascertain these facts
from the evidence in the complaint proceeding.
53 N. L. R. B., No. 230.
1264
SHEPARD NILES CRANE AND HOIST CORPORATION 1265
which we take notice, established that Shepard Niles Crane and
Hoist Corporation is a New York corporation with its principal place
of business at Montour Falls, New York. The Company is engaged
in the manufacture and sale of crane, hoist machinery, and other
kinds of machinery and kindred articles. From January 1, 1942, to
November 15, 1942, the Company purchased raw materials valued at
approximately $1,000,000, about 20 percent of which was shipped
to the Company's plant from points outside the State of New York.
During the same period the Company manufactured finished products
valued at more than $5,000,000, approximately 70 percent of which
was shipped from the Company's plant to points outside the State
of New York.
At the hearing in the instant proceeding the Company admitted
and we find that it'is engaged in commerce within the meaning of the
National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Association of Machinists, affiliated with the Ameri-
can Federation of Labor, is a labor organization admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that the Company has refused to grant recog-
nition to the Union as the exclusive bargaining representative of the
Company's employees until the Union has been certified by the Board
indicating that it doubts the alleged majority status of the Union.
A statement of the Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found
appropriate 2
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
The Union contends that all production and maintenance employees
including shipping and receiving clerks, but excluding office employees,
Bedeaux clerks, dispatch clerks, record clerks, and all supervisory
employees, constitute an appropriate bargaining unit. The Company
2 The Field Examiner reported that the Union submitted 157 authorization cards bearing
apparently genuine signatures of persons listed on the Cempany 's pay roll of September 18,
1943, which contained the names of 405 employees in the appropriate unit. We find the
Company's contention that the Union has failed to make a substantial showing of representa-
tion, to be without merit.
1266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
took no position at the hearing with reference to the appropriateness of
the unit sought by the Union, but in its brief urges that all shop clerks
should be excluded from the unit.
The Company's operations are divided into three principal pro-
duction divisions, the bridge shop, machine shop, and motor depart-
ment.. A general maintenance department handles all problems of
plant maintenance and repair, employees in that department fre-
quently helping production employees in the course of their work.
The shipping,and receiving clerks are essentially manual laborers,
handling incoming and outgoing materials. The Bedeaux clerks, dis-
patch clerks, and record clerks perform duties which are essentially
clerical in character and are under the supervision of the general office.
We find that the unit proposed by the Union which includes shipping
and receiving clerks and excludes the other shop clerks, is appropriate
for the purposes of collective bargaining.
We find that all production and maintenance employees of the
Company at its plant at Montour Falls, New York, including shipping
and receiving clerks, but excluding office employees, Bedeaux clerks,
dispatch clerks, record clerks, and all' supervisory 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) pf the Act.
V. THE DETERMINATION OF REPRESENTATIVES '
Since the filing of the petition in the instant proceeding, the Com-
pany has laid off a substantial number of employees and a substantial
number have left voluntarily. Many of these persons have obtained
employment elsewhere or gone into military service. ,Contending
that the laid off employees should be permitted to vote, the Union
requests that eligibility to participate in the election be determined
on the basis, of the pay roll as of the time of the filing of the petition.
We do not consider the circumstances as warranting a departure
from our customary practice in this matter; under our Direction
of Election, employees temporarily laid off, as distinguished from
those who have quit or have been discharged for cause, are eligible
to vote.
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 Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
SHEPARD NILES CRANE AND HOIST CORPORATION 1267
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 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 Shepard Niles
Crane and Hoist Corporation, Montour Falls, 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 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 Regu-
lations, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period imme-
diately 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 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 or not they desire
to be represented by International Association of Machinsts, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.