The Atwood Machine Co.

National Labor Relations Board - Board Decisions

Feb 16, 1924

38 N.L.R.B. 1270 (N.L.R.B. 1924)

In the Matter of THE ATWOOD MACHINE COMPANY and INTERNA-
TIONAL ASSOCIATION OF MACHINISTS (A. F. L.)
Case No. R-3439.-Decided February 19, 1924
Jurisdiction : textile machinery industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to.accord union recognition ; election necessary.
Unit Appropriate for Collective Bargaining : group of departments in plant,
omitting certain departments not organized by petitioning union as ineligible
for membership in said union, and excluding from the included departments,
plant protection men, timekeepers, foremen, and clerks, held to constitute
appropriate bargaining unit
Mr. Ernest L. Anderson, of Worcester, Mass., for the Company.
Mr. J. Henry De Cantillon, of Meriden, Conn., for the Union.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 15, 1941, and December 10, 1941, respectively, Inter-
national Association of Machinists, affiliated with the A. F. of L.,
herein called the Union, filed with the Regional Director for the
First Region (Boston, Massachusetts) a petition and an amended
petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of The Atwood Machine
Company, Stonington, Connecticut, herein called the Company, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On December 24, 1941, the National
Labor Relations Board, herein called the Board, acting pursuant
to Section 9 (c) of the Act and Article III, Section 3, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
ordered an investigation and authorized the Regional Director to con-
duct it and to provide for an appropriate hearing upon due notice.
On December 29, 1941,, the Regional Director issued a notice of
hearing, copies of which were duly, served upon the Company and
38 N. L. R. B., No. 225.
1270
THE ATWOOD MACHINE COMPANY ' 1271
the, Union. Pursuant to notice, 'a hearing was held on January„ 6,
1942, at Stonington, Connecticut, before Albert J. Hoban, the Trial
Examiner, duly designated by the Chief Trial Examiner. The Com-
pany,and the Union appeared by their representatives and partici-
pated in the hearing. Full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues was afforded all parties. The Board has reviewed the rulings
of the Trial Examiner and finds 'that no prejudicial errors were
committed. The rulings are hereby affirmed. The Company's mo-
tion to dismiss the petition on the ground that the Union had failed
to show, that it represented a majority of the employees in, an
appropriate unit, is hereby denied.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. TIIE BUSINESS OF THE COMPANY
The Atwood Machine Company is a Connecticut corporation, with
its principal place of business and office at' Stonington, Connecticut.
The Company is engaged at its plant in Stonington, Connecticut, in
the manufacture, sale, and distribution of textile machinery, gun
mounts, machine-tool parts, and submarine parts. The Company
uses annually in its business at the Stonington plant raw materials
valued at more than $125,000, of which raw materials over 50 percent
are shipped to said plant from and through States of the United
States other than the State of Connecticut. The Company manu-
factures annually at the Stonington plant finished products valued
at more than $500,000, of which finished products over 50 percent ,are
sold and shipped from the Stonington plant to, through, and into
States of the United States other than the 'State of Connecticut.
The Company employs approximately 462 employees.
The Company admits that it is, engaged in commerce within the
meaning of the Act.
II. THE ORGANIZATION INVOLVED
International Association of Machinists is a labor organization
affiliated with the -American Federation of Labor, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Shortly before the filing of the petition herein, the Union requested
recognition from- the Company as the exclusive representative of its
employees. The Company refused to grant recognition until the
Union hhd been certified as such representative by the Board. A
1272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
statement of the Regional Director, introduced into evidence, shows
that the Union represents a substantial number of employees in the
unit hereinafter found to be appropriate.,
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States
and tends to lead to labor disputes burdening and obstructing
commerce and the free flow of commerce.
V. THE APPROPRIATE UNIT
In its original petition the Union claimed that the appropriate unit
should consist of all employees except the plant-protection men, foun-
dry workers , clerical help , department foremen, and higher executives.
Thereafter , the Union filed an amended petition for the purpose of
more clearly designating the employees claimed in the original peti-
tion. The amended petition described the unit as consisting of all
employees other than foremen and clerks in the following departments
only : maintenance , tool general , erector , bobbin , assembly, spindle,
spindle assembly , and machine shop .2 At the hearing , the Union fur-
ther clarified its position by requesting that timekeepers, carpenters,
and pattern makers be excluded . The Company opposes the proposed
exclusion of carpenters and pattern makers and further contends that
"outside of moulders , all working in the foundry " 3 should be included
in the unit.
Most of the machine work is performed in the machine shop, where
about 150 employees , consisting of lathe operators , drill hands , machin-
ists, cutters and grinders, and others ,` are engaged . In the bobbin
department , a term which is no longer descriptive of the type of work
there performed , a variety of small machine parts are manufactured.
Spinning and twister spindles for textile machinery are manufactured
' The Regional Director reported that the Union had presented 104 authorization cards
of which 6 were undated, one dated July 1941 , 16 dated August 1941 , 23 dated October
1941, and 58 dated November 1941. The Regional Director further reported that of the 104
signatures 94 are the names of persons on the Company 's pay roll of November 14, 1941,
within the appropriate unit claimed by the Union , and that the pay roll contains a total
of approximately 285 names in the alleged appropriate unit
2 The Company has four other so-called departments which the Union would exclude.
packing and shipping , a carpenter shop , a pattern shop, and a foundry or casting room.
We interpret the above -quoted statement as meaning that all foundry- or casting-room
workers, except moulders , should be included, rather than that all employees of the Com-
pany, other than moulders , should constitute the unit
THE ATWOOD MACHINE COMPANY 1273,
in the spindle department. In the assembly and spindle-assembly
departments, the machines and spindles are assembled prior to ship-
ment. The bobbin, spindle, assembly, and spindle-assembly depart-
ments employ about 90 employees of various classifications, such as,
machine operators, bench workers, assemblers, and allied workers.;
The Company employs seven toolmakers, a machinist, and an appren-
tice in the tool department where tools used for the manufacture of
the Company's products are made. In addition, two toolmakers in'
the so-called general department make experimental models.4 There
are eight erectors, who set up machinery for customers and, when not
so engaged, work in the machine shop or in the experimental room.
We find that, in general, employees in the foregoing departments are
within the appropriate unit. F _
The carpenters and pattern makers, of whom there are six 5 and
seven, 6 respectively, are not eligible for membership in the Union and,
fall within the jurisdiction of other affiliates of the American Federa-
tion of Labor. For these reasons, the Union seeks to exclude them.;
The Company, however, would include them and contends, that these
two groups are functionally related to the other employees sought by
the Union. Two of the carpenters are in the maintenance department
and perform general building construction and maintenance work.
The remaining carpenters and the two woodworkers work in,the car-
penter shop proper; they "take care of" flasks for the foundry, and per-
form other carpentry work. The pattern makers apparently build
forms of metal and wood which are used in the foundry or casting room.
N either the carpenters nor the pattern makers engage in regular,produc-
tion work; their duties appear to be those customarily performed by
their respective crafts and, except for the two maintenance carpenters,
are closely related to the functions of the workers in the foundry. In
view of these facts, and since the Union does not admit them to mem-
bership, we shall exclude the carpenters and pattern makers from the
unit'
There are about 80 employees in the foundry, comprising moulders
and allied workers. Although the record is not entirely clear, it ap-
pears that the foundry workers perform work differing from that of
production employees in the plant. The Union does not admit foundry
workers to membership, as they are within the jurisdiction of another
4 The other employees in the general department are a storekeeper , two stock boys , a stock
clerk, and a stock chaser; the only description of their duties was the statement by the
assistant general manager of the Company that they constitute the receiving department.
We shall not at this time specifically include or exclude these employees , since their duties
are insufficiently described in the record If the description of the unit hereinafter found
does not resolve the issue, we shall decide that matter upon appropriate challenge made at'
the election , if the occasion arises.
We include in this group the two woodworkers in the carpenter shop
Including the apprentice -
'Matter of Kalamazoo Paper Company and International Bsotherhood of Foremen rand
Oilers (A. F. of L.), 23 N. L R B. 76.
1274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A. F. of L. affiliate. We, shall, therefore, exclude all the foundry
workers. ' 1.
The four timekeepers keep job records in the spindle department:
aiid machine shop; so far as appears, they do not engage in any produc-
tion work. We shall exclude the timekeepers, since they are primarily
clerical employees .8
There are 14 employees in the packing and shipping department.,
The Union urges that they be excluded on the ground that they have
not been organized and- perform work of a nature similar to that 'of
clerks. It is apparent that their work is not closely related to that'of
the production employees and for this reason, and since organization
has not extended to them, we shall exclude them.
The Union, in its original petition, sought the 'exclusion of plant-
protection men. There are two patrolmen, five watchmen, and one
guard. Although these employees were not specifically excluded in
the ,amended petition, at the hearing the Union's representative, stated
that it'did not seek their inclusion. In accordance with our usual
practice, we shall exclude the plant-protection employees 9
We' find that all employees of the Company, excluding foremen and
higher supervisory employees, clerical employees, timekeepers, car
penters, pattern makers, plant-protection employees, and all employees
in the foundry and in the packing and shipping department, constitute
a unit appropriate for the purposes of collective bargaining. We fur-
ther find that said unit will insure to employees of the Company the
full benefit of their right to'self-organization and to collective bargain-
ing and- otherwise will effectuate the policies of the Act.
VI.,,,THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen, concerning the repre-
sentation of employees of the Company can best be resolved ' by an'
election by secret ballot: ` We shall ' direct that those eligible to vote
in the election shall be those employees within the appropriate iinit'
who were employed by the Company during the pay-roll period ' im-
mediately preceding the date of the Direction of Election, subject to
the limitations and additions set forth in the Direction.
Upon the basis of the above findings of fact and upon the entire`
record in the case, the Board makes the following: '_
t',
CONCLUSIONS OF LAW
1. A question affecting commerce, has arisen, concerning the "repre-
sentation of employees of The Atwood Machine Company within the
e Matter of Federal Sordtb Works and Local 174, United Automobile Workers of, America,
21 N. L. R. B. 100
BMatter of General Motors Corporation, Chevrolet Motor Division, Norwood Plant'and
United Automobile Workers of America, affiliated with C. I. 0., 33 N. L. R B., No 7.
THE ATWOOD MACHINE COMPANY 1275
meaning of Section 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act.
2. All employees of the Company, excluding foremen and higher
supervisory employees, clerical employees, timekeepers, carpenters,
pattern makers, plant-protection employees, and all employees in the
foundry and in the packing and shipping department, constitute a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the National Labor Relations Act.
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 8, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DmEcTED that, as part of the investigation ordered by the Board
to, ascertain representatives for the purposes of collective bargaining
with The Atwood Machine Company, Stonington, 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, acting in this matter as agent for the National Labor Relations
Board and subject to Article III, Section 9, of said Rules and Regula-
tions, among all employees of the Company who were employed dur-
ing the pay-roll period immediately preceding the date of this Di-
rection of Election, including those who did not work during such
pay-roll period because they were ill or on vacation or in the active
military service or training of the United States, or temporarily laid
off, but excluding foremen and higher supervisory employees, clerical
employees, timekeepers, carpenters, pattern makers, plant-protection
employees, and all employees in the foundry and in the packing and
shipping department, and those who have since quit or been dis-
charged for cause, to determine whether or not they desire to` be
represented for the purposes of collective bargaining by International
Association of Machinists (A. F. L.).