The Gilbert & Bennett Manufacturing Co.

National Labor Relations Board - Board Decisions

Dec 9, 1942

45 N.L.R.B. 1223 (N.L.R.B. 1942)

In the Matter of THE GILBERT & BENNETT MANUFACTURING COMPANY
and AMERICAN FEDERATION OF LABOR
Case No. R-4500.-Decided December 9,1942
Jurisdiction : wire products manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to recognize petitioner without certification by the Board ; petitioner's
failure to show a refusal to bargain held under circumstances not an
essential to the existence of; election necessary.
Unit Appropriate for Collective Bargaining : all production workers, including
maintenance and shipping employees, with specified inclusions and exclusions ;
no dispute as to.
Mr. Paul R. Connery, of South Norwalk, Conn., for the Company.
Mr. James J. Clerkin, of New Britain, Conn., for the Union.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
- AND
DIRECTION OF ELECTION
STATEMENT OF THE FACT
Upon an amended petition duly filed by the American Federation
of Labor, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Gi1b'ert- & Bennett Manufacturing Company, herein called the
Company,' the National Labor Relations Board provided for an
appropriate hearing upon due notice before John J. Cuneo, Trial
Examiner. Said hearing was held at Norwalk, Connecticut, on
November 5, 1942. The Company and the Union appeared, partici-
pated and were afforded full opportunity 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.
'Incorrectly designated as "Gilbert & Bennett Mfg . Co." in certain of the formal
papers and corrected by motion at the hearing.
45 N. L. R. B., No. 167.
1223
1224 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Gilbert '& Bennett Manufacturing Company, a Connecticut
corporation, has its principal offices and manufacturing plant, the
only one involved in this proceeding, at Georgetown,` Connecticut,
where it is engaged in the manufacture, sale, and distribution of woven
wire products. During the last 6 months, which is a representative
period in the-Company's business, the Company purchased for use at
its Georgetown plant, raw ' materials valued at approximately
$239,059, of which 91 percent was obtained from points outside the.
State of Connecticut. During the same period; the Company's fin-
ished products amounted in value to approximately $943,048, of which
88 percent was shipped to points outside the State of Connecticut.
The Company admits that it is' engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED '
The American Federation of Labor is a labor organization admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Shortly before the filing of the original petition, the Union at-
tempted on several occasions without success to contact the Company
for the purpose of requesting the Company to bargain collectively.
Subsequent to the filing of the petition, the Union notified the Com-
pany by letter of its desire to bargain collectively. Upon receipt of
the letter from the Union, counsel for the Company met with a repre-
sentative of the Union and stated that the Company would not bargain
unless the Union proved'its majority status or was certified by the
Board. In addition, counsel for the Company stated that he would
not do anything until the Union had withdrawn its then pending
petition for investigation and certification of representatives. Sub-
sequent to the conference' betty' een the Company and the Union, the
Union filed its amended petition. At the hearing, the Company
stated that it would confer with the Union if the petition were with-
drawn, but gave no indication that it would recognize the Union as
bargaining agent prior to a certification by the Board.
The Company contends that no question concerning representation
exists because it does not appear that the Union, requested or the
THE GILBERT & BENNET'T MANUFACTURING COMPANY "12`25
Company refused to bargain prior to the filing of the original
'petition. The contention is without merit. A refusal to bargain by
an employer is not essential to the existence of a question concerning
representation of employees within the meaning of Section 9 (c) of
the Act.2 For a proceeding of this kind, it is sufficient that as of the
date of the hearing, the Union's status as bargaining representative
is disputed by the Company and that recognition depends upon certi-
fication by the Board.3
A report of the Regional Director, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate 4
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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The Union contends, and evidence was adduced in support thereof,
that the appropriate unit comprises all production workers,, including
maintenance and shipping employees, truck drivers, carpenters and
their helpers, painters and the stock clerk, and assistant foremen with-
out the power to hire and discharge, but excluding executives (includ-
`,ing the assistant superintendent), watchmen (except watchmen who
spend a part of their time as firemen and coal-passers), guards, and
assistant foremen who have the power to hire and discharge, and the
clerical department (including the shipping clerk and plant engineer).
The Company takes no position with respect to the appropriate unit.
We find that all production workers, including maintenance and
shipping employees, truck drivers, carpenters and their, helpers,
painters, the stock clerk and assistant foremen without the power to
hire and discharge, but excluding executives (including the assistant'
superintendent), , watchmen (except watchmen, who spend part of
their time as firemen and coal passers), guards and assistant foremen
liaving the power to hire and discharge, and the clerical department
2 See Matter of Neiada California Electric Corporation and International Brotherhood
,of Electrical Workers, Local Union B-959, A. F. of L, 20 N. L R B 79
3 See Matter of National Weavers Company , and Textile Workers Organizing Committee,
7 N L R B 916; Matter of Genco Mfg Co ., not,Inc ., a copartnership consisting of Louis
Gensburg, and Myer Oensbnig and International Brotherhood of Electrical Workers, Local
B-773, A F. of L, 29 N L R B 236 ; Matter of Southern California Gas Company and
Utility Workers Organizing Committee, Locals 170 and 193 , C. 1 0., 41 N L. R B. 668
4 The Regional Director reported that the Union had submitted 147 signed application
cards of which 10 were dated between January 26 and 31 , 1942 ; 3 dated between February
5 and 23 , 1942 ; 12 dated between March 12 and 30, 1942 ; 32 dated between April 1 and
24, 1942 ; and 90 undated ; that of the 147 cards, 142 bore apparently genuine signatures
of persons on the Company 's pay roll of May 9, 1942 , containing 372 names , of which
approximately 340 were in the alleged appropriate unit.
1226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(including the shipping clerk and plant engineer), 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 an election by secret ballot among the
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
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 2, as amended, it is hereby
DIRECTED that,, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Gilbert &
Bennett Manufacturing Company, Georgetown, Connecticut, an elec-
tion 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 Rela-
tions Board, and subject to Article III, Section 10, 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 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 in the active military service or training of the United
States, or temporarily, laid off, but excluding employees who have
since quit or been discharged for cause to determine whether or not
they desire to be represented by 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.