The Peck Stow & Wilcox Co.

National Labor Relations Board - Board Decisions

Nov 13, 1942

45 N.L.R.B. 574 (N.L.R.B. 1942)

In the Matter of THE PECK STOW & Wa cox COMPANY and UNITED
AUTOMOBILE WORKERS OF AMERICA, AFFILIATED WITH THE AMERICAN
FEDERATION OF LABOR
Case No. R-4373.-Decided November 13,1942
Jurisdiction : tool, hardware, and sheet-metal working machinery manufacturing
industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to bargain with petitioner until certified by the Board:'election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, including shipping, receiving and yard departments, but excluding
executives, foremen, assistant foremen, department heads, and other super-
visors, factory clerks, timekeepers, office, technical and plant protection
employees.
McKercher and Link, by Mr. George R. Link, Jr., of New York City,
for the Company.
Mr. Henry James Burke, of Meriden, Conn., for the Union.
Mr. Louis A. Pontello, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon amended petition duly filed by United Automobile Workers
of America, affiliated with the American Federation of Labor, herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of The Peck Stow &
Wilcox Company, Southington, Connecticut, herein called the Com-
pany, the National Labor Relations Board provided for an appropriate
hearing upon due notice before Samuel G. Zack, Trial Examiner.
Said hearing was held at Hartford, Connecticut, on October 13, 1942.,
The Company and the Union appeared, participated, and were af-
forded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. The Com-
pany moved to dismiss the petition on the ground that the evidence
presented at the hearing-did not warrant an election. The Trial Ex-
aminer referred the motion to the Board. The, motion is hereby denied.
45 N. L. R. B., No. 82.
574
THE PECK STOW & WILCOX COMPANY - 575
The Trial Examiner's rulings made at the hearing are free from prej-
udicial error and are hereby affirmed. The Company filed a brief
which the Board has considered.,
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Peck Stow & Wilcox Company is a Connecticut corporation
having its principal office and place of business at Southington,
Connecticut, where it is engaged in the manufacture, sale, and dis-
tribution of mechanic's hand tools, such as hammers, wrenches,
pliers, and screwdrivers, and hardware, roller skates, and sheet-
metal working machinery. During 1941, the Company used raw
materials, consisting of bar steel, grey iron castings, birch lumber
and mill supplies, valued in excess of $500,000, of which over 90 per-
cent was shipped from points outside the State of Connecticut.-
During the same period, the Company manufactured finished prod-
ucts valued in excess of $2,000,000, of which over 60 percent *as
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
United Automobile Workers of America is a labor organization,
affiliated with the American Federation of Labor, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that a question concerning representation
had arisen in that the Union requested the Company to recognize it
as the collective bargaining agent for the Company's'employees, and
that the Company refused such recognition.
The record indicates that the Union represents a substantial num-
ber of employees in the unit hereinafter found to be appropriate.2
? The Company urges that the petition be dismissed on the ground that the Union's
jurisdiction does not extend to the type of business engaged in by the Company. We
find no merit in this contention . There is no requirement in the Act limiting employees
in their choice of a bargaining representative to labor organizations whose trade or
occupational 'jurisdiction conform to the employer's type of business.
s The Union submitted about 560 authorization cards, but they were not checked against
a pay roll The parties stipulated at the hearing that the Company employs about 800
workers in the alleged unit and that the Union has been designated by at least 300 of
the • employees in the alleged unit The Trial Examiner stated that the union cards
appeared to bear genuine signatures.
576 DECISIONS OF NATIONAL LABOR RELATIONS 'BOARD
We find that a question 'affecting commerce has arisen concerning
the representation of employees of the Company , within the mean-
irig of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union contends, and adduced evidence in support of its con-
tention, that all production and maintenance employees, including
the employees of the shipping, receiving, and yard departments, but
,excluding executives, foremen, assistant foremen, department heads,
and other supervisors, factory'clerks, timekeepers, office, technical,
and. plant-protection employees, constitute an appropriate unit. Al-
though the Company ' denies that such a unit is appropriate, no
evidence was offered in support of its position in this regard.
We find that all production and maintenance employees, includ-
ing the employees of the shipping, receiving, and yard departments,
but excluding executives, foremen, assistant foremen, department
heads, and other supervisors, factory clerks, timekeepers, office,
technical, and plant-protection employees, constitute a unit appro-
priate 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 em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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 Relations
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 Peck Stow &
Wilcox Company, Southington, 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 'sub-
ject 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 immediately preceding the
THE PECK STOW & WILCOX COMPANY 577
date of this Direction of Election, 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
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 United Automobile Workers of America, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining.
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493508-43-vol. 45-37