Telechron, Inc.

National Labor Relations Board - Board Decisions

Mar 13, 1947

72 N.L.R.B. 1170 (N.L.R.B. 1947)

In the Matter of TELECHRON, INC., EMPLOYER and UNITED ELECTRICAL,
RADIO & MACHINE WORKERS OF AMERICA, CIO, PETITIONER
Case No. 1-R 518.-Decided March 13, 19417
Messrs . D. R. Totten and C. K. Martineau , of Ashland , Mass., for
the Employer.
Messrs. Donald Tormey and Martin Williams , of Boston , Mass.,
for the Petitioner.
Mr. Samuel Sandberg and Miss Rose Norwood, of Boston, Mass., for
the Intervenor.
Mr.-David C. Buchalter , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Worcester,
Massachusetts, on February 6,1947, before Sam G. Zack, hearing officer.
The hearing officer's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Upon the entire record in the case,' the National Labor Relations
Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Telechron, Inc., a Maine corporation, operates plants in various
parts of the Commonwealth of Massachusetts. We are here concerned
with its Foster Street plant in Worcester, which is engaged in the pro-
duction of electric clocks. During the preceding calendar year, the
Employer used at this plant raw materials valued in excess of $100,000,
of which 62 percent represented shipments to it from points outside
the Commonwealth of Massachusetts. During the same period, the
Employer manufactured finished products valued in excess of $100,000,
' The Employer requested the correction of certain errors in the transcript of testimony.a
No objections having been filed by any of the parties , the record is hereby corrected as
requested.
72 N L. R. B, No. 205.
1170
TELECHRON, INC. 1171
of which 96 percent represented shipments to points outside the
Commonwealth. ,
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Congress of
Industrial Organizations, claiming to represent employees of the
Employer.
International Jewelry Workers Union, herein called the Intervenor,
is a labor organization affiliated with the American Federation of
Labor, claiming to represent employees of the Employer.
Ili. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
.Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. TILE APPROPRIATE UNIT
We find, in substantial accord with the agreement of the parties, that
all hourly rated maintenance and production employees at the Foster
Street plant of the Employer, including shipping and receiving clerks,
and group leaders,2 but excluding factory, office, and administrative
clerical employees, time-study men, executives, foremen, assistant fore-
men, sub-foremen,3 and all or any other 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) of the Act.
DIRECTION OF ELECTION 4
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Telechron, Inc., Worcester,
2 The parties agreed that employees Edwin Dietrich , Joseph Trudell , Samuel Daly , Andrew
Slivka, Robert Kalloch , Helen Stansky , Marloiie Gain , and Amelia Shadbegian fall within
this classification.
'The parties agreed that Charles Hamlin . Heibert Holden , Jr.. Steven Pawlina, Peter
Paradiso , Frederick Stratton , Frederick O'Brien , Bertrand Harris , Thomas Stachelek,
Henry Rovejano, Alexander Menino, Walter Towner, Jr., Louis Collard, and Carl Dedicke
fall within this classification
I Any participant in the election herein may upon its prompt request to, and approval
thereof by , the Regional Director , have its name removed from the ballot.
1172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Massachusetts , 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 th6 First Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Sections 203.55 and
203.56, of National Labor Relations Board Rules and Regulations-
Series 4, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period im-
mediately 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 before
the date of the election , to determine whether they desire to be repre-
sented by United Electrical , Radio & Machine Workers of America,
CIO, or by International Jewelry Workers Union, AFL, for the pur-,
poses of collective bargaining , or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.