The Atwater Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 3, 1948

76 N.L.R.B. 542 (N.L.R.B. 1948)

III the Matter of THE ATWATER MANUFAC'T'URING COMPANY, EMPLOYER
and SOUTIIINGTON Dii SINKERS LODGE, No. 400, OF INTERNATIONAL
DIE SINKERS CONFERENCE, PETITIONER
Case No. 1-R-3675.-Decided March 3, 1948
Dfr. J. S. Whiteside, Jr., of New Haven, Conn., for the Employer.
Mr. Walter T. Lynch, of Cleveland, Ohio, for the Petitioner.
Mr. Edward Lavrey, of New Haven, Conn., for the C. I. O.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Water-
bury, Connecticut, on July 15, 1947, before Robert E. Greene, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
The Atwater Manufacturing Company, a Connecticut- corporation,
is engaged at Plantsville, Connecticut, in the manufacture of drop
forgings. The Employer purchases all its raw material from points
.outside the State of Connecticut. During 1946, the Employer pro-
duced goods valued at $500,000, all of which were shipped to points
outside the State of Connecticut.
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 an unaffiliated labor organization claiming to rep-
resent employees of the Employer.
76 N. L H. B, No. 84
542
THE ATWATER MANUFACTURING COMPANY 543
United Steel Workers of America, herein called the Intervenor, is
a labor organization affiliated with the Congress of Industrial Organi-
zations, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer has refused to recognize the Petitioner until certified
by the Board in an appropriate unit.
The Employer contends that the collective bargaining agreement en-
tered into with the Intervenor on April 26, 1946, and extended on
March 10, 1947, to August 1, 1947, is a bar to this proceeding. How-
ever, since the contract in question expired on August 1, 1947, we find
that it does not preclude a present determination of representatives.
We find that a question affecting commerce has arisen concerning the
representation of employees of the Employer, within the meaning
of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. TIT(: API'ROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The Petitioner seeks a unit of "all employees working on dies, or
parts of dies, used in the manufacture and completion of forgings,
except for clerical employees, and all supervisory employees. .. ."
The Employer and the Intervenor contend that only a plant-wide unit
is appropriate because of the history of collective bargaining on this
basis,, and also on the asserted ground that the work of the die
sinkers is Integrated with that of the other employees in the plant.
The unit sought by the Petitioner' consists of die sinkers, die sinkers'
apprentices, lathe men, planer men, shaper men, die repair men, trim-
mer nlcn, and lock men. All these employees work under the super-
vision of a die room foreman in a so-called "die room,''' which constl-
tntes a separate department of the plant. Thus, it is clear that the
employees sought herein are au identifiable group, as required for
a separate unit for purposes of collective bargaining. Moreover, die
sinkers constitute highly skilled craft employees, whom the Board
has, on numerous occasions, established as a separate unit for purposes
of collective bargaining in this industry.' Under these circumstances,
we believe that the employees involved herein also may, if they so
desire, constitute a separate unit, notwithstanding the Board's previous
I In Matter of Atwater Manufactvrenq Company, 58 N L R B 615, the Board fjund
appropriate a unit of production and maintenance employees, which included the emplotees
sought herein
2 See Matter of The Pack, Stow, it IVilcon Company, 78 N L R B 1256 Trimoat Mona
faeturinq Company , 74 N L It B 959 See Matter of Moore Drop B'orginq Company 60
N L It B 494, Matter of Aluminum Company of Ame,tiea, 60 N 1, It B 278, Matter of
Marvel-Sohebler Carburetor Division , Borg-(Varner Corporation , 72 N L R B 948
544 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
more inclusive unit determination,3 and the history of collective bar-
gaining predicated thereon.4 However, the Board will not make any
unit determination until it has first ascertained the desires of the
employees involved.
Accordingly, we shall direct that a separate election be held among
all the Employer's die room employees, consisting of die sinkers, die
sinkers' apprentices, lathe men, planer men, shaper men, die repair
men, trimmer men, and lock. men, except for clerical employees and
supervisors as defined in the Act. If, in this election, the employees
voting select the Petitioner, they will be taken to have indicated their
desire to constitute a separate bargaining unit. We shall not place
the Intervenor's name on the ballot, inasmuch as it has not complied
with Section 9 (f) and (h) of the Act, as amended.5
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Atwater Manufacturing Company,
Plantsville, Connecticut, 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 First Region, and subject to Sections 203.61 and 203.62,
of National Labor Relations Board Rules and Regulations-Series 5,
among the employees in the voting group set forth 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 dur-
ing said pay-roll period because they were ill or on vacation or tempo-
rarily laid off, 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 Southington Die Sinkers Lodge, No. 400, of
International Die Sinkers Conference for the purposes of collective
bargaining.
MEMBER HousToN took no part in the consideration of the above De-
cision and Direction of Election.
' Section 9 (b) (2) of the amended Act provides that the Boaid shall not "decide that
any craft unit is inappropriate . on the ground that a different unit has been
established by a prior Board determination , unless a majority of the employees in the pro-
posed craft unit vote against separate representation."
* Matter of The Fork & Hoe Company, 72 N. L It. B. 1025.
6 See Matter of Rite -Form Co,set Company, 75 N. L It. B. 174.