The New Haven Clock Co.

National Labor Relations Board - Board Decisions

Aug 20, 1941

34 N.L.R.B. 601 (N.L.R.B. 1941)

In the Matter of THE NEW HAVEN CLOCK COMPANY and UNITED CLOCK
WORKERS UNION LOCAL 459, UPN & TWIU, C. I. O.
Case No. R-2870.-Decided August 20, 1941
Jurisdiction : watch and clock manufacturing industry.
Investigation and Certification of Representatives : existence of question : Com-
pany refused to accord union recognition until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, but excluding officers, executives, supervisors, foremen, assistant fore-
men, bench foremen, timekeepers, office employees, salaried employees, clerical
help, industrial engineers, draftsmen, designers, laboratory technicians, plan-
ning-department employees, sales employees, watchmen, guards, time-study
employees, matrons, and full-time stock clerks.
Mr. Philip H. English, Mr. Frederick A. Neuman, and Mr. Albert
H. Ham, of New Haven, Conn., for the Company.
Mr. Caesar Guazzo, of New Haven, Conn., for the Union.
Mr. Daniel J. Harrington, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On August 12, 1941, United Clock Workers Union Local 459, UPN
& TWIU, C. I. 0., herein called the Union, filed with the Regional
Director for the Second Region (New York City) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of The New Haven Clock Company, New
Haven, Connecticut and Guilford, Connecticut, herein called the Com-
pany, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On August 12, 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 conduct it
and to provide for an appropriate hearing upon due notice.
On August 12, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
34 N. L. R. B., No. 78.
601
602 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Union.' Pursuant to the notice a hearing was held on August 12,
1941, at New York City, before Alan F. Perl, the Trial Examiner duly
designated by the Chief Trial Examiner. The Company and the
Union were represented at and participated in the hearing. Full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce.evidence bearing upon the issues was afforded all parties.
During the course of the hearing the Trial Examiner made several
rulings on the admission of evidence. The Board has reviewed the
rulings of the Trial Examiner and finds that no prejudicial errors
were committed. The rulings 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 Haven Clock Company, having its main office at New
Haven, Connecticut, and having plants located at New Haven and
Guilford, Connecticut, is engaged in the manufacture, sale, and dis-
tribution of watches, clocks, and related products. During 1940 the
Company purchased raw materials in excess of $100,000, consisting of
steel , brass, glass , wood, and other materials, approximately 25 per
cent of which were shipped 'to its plants from sources outside the
State of Connecticut. During the same year the Company manu-
factured, sold, and distributed more than $100,000 worth of finished
products, approximately 90 per cent of which were shipped to desti-
nations outside the State of Connecticut.
The Company admits that its business affects commerce within the
meaning of the Act.
H. THE ORGANIZATION INVOLVED
United Clock Workers Union Local 459, UPN & TWIU, C. I. 0.,
is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership production and maintenance
employees of ,the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to bargain collectively with the Union until
it has been certified by the Board. A statement of the Regional
Director, introduced in evidence at the hearing, shows that the Union
represents a substantial number of employees in the unit alleged to
be appropriate.2 '
1 By consent of the parties the hearing was held on the same day that the petition was
filed and any notice of hearing other than that actually afforded was walked.
2 The Regional Director's statement shows that the Union submitted 1,184 cards to her
dated between May and July 1941 and authorizing the Union to represent the signers
THE NEW HAVEN CLOCK COMPANY 603
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
At the hearing the parties agreed and we find that all production
and maintenance employees at the New Haven and Guilford plants
of the Company, excluding officers, executives, supervisors, foremen,
assistant foremen, bench foremen, timekeepers, office employees, sal-
aried employees, clerical help, industrial engineers, draftsmen, de-
signers, laboratory technicians, planning-department employees, sales
employees, watchmen, guards, time-study engineers, matrons, and
full-time stock clerks,, constitute a unit appropriate for the purposes
of collective bargaining. We further find that said unit will insure
to employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise 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 the employees in the appropriate unit who
were employed by the Company during the pay-roll period immedi-
ately preceding the date of the Direction of Election herein, subject
to such limitations and additions as are 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:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of The New Haven Clock Company, New
Haven, Connecticut, and Guilford, Connecticut, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
thereof as collective bargaining representative, that the signatures on all the cards ap-
peared genuine, and that the names on 966 of the cards appeared on the Company's pay
roll of July 7, 1941, containing 1,452 names in the alleged appropriate unit.
604 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. All production and maintenance employees of the Company at
its New Haven and Guilford plants, excluding officers, executives,
supervisors, foremen, assistant foremen, bench foremen, timekeepers,
office employees, salaried employees, clerical help, industrial engi-
neers, draftsmen, designers, laboratory technicians, planning-depart-
ment employees, sales employees, watchmen, guards, time-study
employees, matrons, and full-time stock clerks, constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the 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 Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
Dn cTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with The New Haven Clock Company, New Haven, Connecticut, and
Guilford, 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 Second Region, acting in this matter as agent for
the National Labor Relations Board and subject to Article III, Sec-
tion 9, of said Rules and Regulations, among all production and
maintenance employees at the New Haven and Guilford, Connecticut,
plants of The New Haven Clock Company, who were employed by
the Company during the pay-roll period immediately preceding the
date of this Direction, including employees 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 tempo-
rarily laid off, but excluding officers, executives, supervisors, foremen,
assistant foremen, bench foremen, timekeepers, office employees, sal-
aried employees, clerical help, industrial engineers, draftsmen, de-
signers, laboratory technicians, planning-department employees, sales
employees, watchmen, guards, time-study employees, matrons, and
full-time stock clerks, and those who have since quit or been dis-
charged for cause, to determine whether or not they desire to be repre-
sented by United Clock Workers Union Local 459, UPN & TWIU,
C. 1. 0., for the purposes of collective bargaining.
MR. EDWIN S. SMITH took no part in the consideration of the above
Decision and Direction of Election.