Standard Gage Co., Inc.

National Labor Relations Board - Board Decisions

Jun 5, 1945

62 N.L.R.B. 134 (N.L.R.B. 1945)

In the Matter Of STANDARD GAGE CO., INC. and UNITED ELECTRICAL,
RADIO &,1'IAC1-IINE WORKERS OF AMERICA, C 1 O.
Case No. 2-1?-5507.-Decided June 5, 1945
Breed, Abbot & Morgan, by Mr. F X. Ward , of New York City, and
Mr. Nils Holve , of Poughkeepsie , N. Y., for the Company.
David Scribner, by Mr. Frederick R. Livingston , of Nev York City,
Mr. Willard Bliss, of Syracuse ; N. Y., and Mr Walter Wo ff ard , of Pough-
keepsie, N . Y., for the Union:'
r3Ir Louis Cokin , of counsel to the' Board
DECISION :
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio & Machine Workers
of America, C. I. 0., herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees of
Standard Gage Co., 'Inc., Poughkeepsie, New York, herein called the
Company, the National Labor Relations Board provided for an appropriate
hearing upon due notice before Richard J. Hickey, Trial Examiner. Said
hearing was held at Poughkeepsie, New York, on May 15, 1945. The Com-
pany and the Union appeared, participated, and were afforded full opportu-
nity 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 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
Standard Gage Co., Inc., is a New York corporation operating a plant
at Poughkeepsie, New York, where it is engaged in the manufacture of
62 N.L. R B, No 19,
134
STANDARD GAGE CO., INC. 135
percision gages and instruments. During the 12-month period ending April
30, 1945, the Company purchased raw materials valued in excess of $50,000,
about 50 percent of which was shipped to it from points outside the State
of New York. During the same period the Company manufactured products
valued in excess of $50,000, approximately 75 percent of which was shipped
to points outside the State of New York.
The Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United, Electrical, Radio & Machine Workers of America is a labor or-
ganization affiliated with the Congress of Industrial Organizations, admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as exclusive collective bar-
gaining representatives of its employees until such time as the Union is
certified by the Board.
A statement of a Field Examiner 4 the Board, introduced into evidence
at the hearing, indicates that the Union represents a substantial number of
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 Seciion 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in agreement with the parties, that all production and main-
tenance employees of the Company at its 70 Parker Avenue, Poughkeepsie,
New York, plant, including watchmen, but excluding clerical employees
and all supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or effec-
tively 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 em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction or Election herein,
subject to the limitations and additions set forth in the Direction.
The Company employs 6 to 10 part-time employees who work an average
of 8 to 10 hours per week. The parties request that they be deemed ineligible
i The statement shows that the Union presented 151 membership cards There are approximately
215 employees in the appropriate unit
136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to vote in the election. Inasmuch as the part -tine employees work but 8 to
10 hours per week, we conclude that - they do not have a siifficient . interest
in the selection of a bargaining representative to entitle them to vote in the
election.
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 representatives
for the purposes of collective bargaining with Standard Gage Co., Inc.,
Poughkeepsie, 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 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 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
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 Electrical, Radio & Machine
Workers of America, C. I. 0., for the purpose of collective bargaining.