The New Britain Machine Co.

National Labor Relations Board - Board Decisions

Mar 17, 1943

48 N.L.R.B. 263 (N.L.R.B. 1943)

I
In the Matter of THE NEW BRITAIN MACHINE COMPANY and UNITED
ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, (C. I: 0.)
Case No. R-4907.=Decided March 17,19J3
Jurisdiction : metal products manufacturing industry.
'Investigation and Certification of Representatives: 'existence of question : com-
pany refused to accord union recognition on ground that it did not know
whether or not the union represented a majority within an appropriate unit;
part-time employees regularly employed by the company and working on its
half-time or 4-hour shifts, held eligible to vote notwithstanding that they also
happened to have regular employment elsewhere ; election necessary.
'Units Appropriate for Collective Bargaining : (1) all production' and mainte-
nance employees with specified exclusions; specified, groups excluded notwith-
standing contention of one of the labor organizations that they should be included
when their interests and work differed from employees within the unit and
there was absent any evidence of a persuasive character tending to establish
the appropriateness of their inclusion; (2) all guards and plant-protection
employees, excluding captains and sergeants who were excluded from the
industrial unit, notwithstanding that one of the organizations desired their
inclusion and 'company's objection to their affiliation with the same organiza-
tion representing the production and maintenance employees.
Mr. H. H. Pease and Mr. R. T. Frizbie, of New Britain, Conn., for
the Company.
Mr. David Scribner,•of New York City, and Mr. Nicholas Tomasetti,
of New Britain, Conn., for the C. I. O.
Mr. David L.'Nair, of New Britain, Conn., Mr. Bernard Blacker, of
West Hartford, Conn.; and Mr. Howard Y. Stearns, of New Britain,
Conn., for the Association. -
Mr. Arthur Leff, of counsel to the Board. .
DECISION
AND -
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon amended petition duly filed by ,United Electrical, Radio &
Machine Workers of America, (C. I. O:), herein called the C. I. O.,
alleging that a question affecting commerce had arisen concerning
the representation of employees .of.The New Britain Machine Com-
pany, New Britain, Connecticut, herein called the Company, the
48 N. L. R. B.,'No. 34.
263
264 DECISIONS ' OF NATIONAL LABOR' RELATIONS BOARD
National Labor Relations Board provided for an appropriate hearing
upon due notice before Thomas H. Ramsey, Trial Examiner. Said
hearing was held at New Britain, Connecticut, on February 17, 1943.
The Company, the C. I. 0., and The New 'Britain Machine Social &
Benefit Association, herein called- the Association; appeared; partic-
ipated, 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.
Upon the entire record in the case, the Board makes the following : ' '
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The New Britain Machine Company is a Connecticut corporation
engaged in the manufacture of machine tools, screw machine products,
airplane engine parts and projectors. It operates plants at New
Britain, Connecticut.. The Company uses raw materials consisting
of steel, gray iron castings, lubricants, and mill 'supplies, the annual
cost of which exceeds $5,000,000. Approximately 50 percent of the
raw materials used 'by the Company is shipped to its New Britain,
Connecticut, plants from points outside the State of Connecticut. The
gross annual sales of the Company exceed $7,500,000,• and more ,than
50 percent of the Company's finished products is shipped from -its
plants in New Britain, Connecticut, to points outside the • State of
Connecticut.
The Company admits that it is engaged in interstate commerce,
within the meaning of the National-Labor Relations Act.
U. THE ORGANIZATIONS INVOLVED
United Electrical Radio & Machine Workers of America, affiliated
with the Congress of Industrial Organizations and The New Britain
Machine Social & Benefit Association, unaffiliated, are labor organiza-
tions admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Prior to the hearing ; the C . I. O. requested' recognition as 'the sole
collective bargaining agent of employees of the Company, but the
,Company refused to accord such recognition upon the ground that it
did not know whether the C. I. O. represented a majority of employees
within the appropriate unit or units. At the time said request was '
made the Company had a contract with the Association dated March
3, 1942, which by its terms expired on March 1, 1943. The ' Company
does not assert this contract to be a bar to these proceedings. '
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