The Safety Car Heating and Lighting Co, Inc.

National Labor Relations Board - Board Decisions

Feb 9, 1945

60 N.L.R.B. 514 (N.L.R.B. 1945)

-In the Matter of THE SAFETY CAR HEATING AND LIGHTING COMPANY,
INC. and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF
AMERICA, C. I. O.
Case No. 1-R- 237. Decided February 9, 1945
Spencer, Hotchkiss, Parker d;• Duryee, by Mr. Andre Maximov, of
.New York City, for the Company.
-Mr. Samuel Gruber, of Bridgeport, Conn., and Mr. Vincent J.
.Romeo, of New Haven, Conn., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio & Machine
Workers. of America, C. I. 0., herein called the-Union, alleging that a
-question affecting commerce had arisen concerning the representation
of employees of The Safety Car Heating and Lighting Company, Inc.,
Hamden, Connecticut, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Samuel G. Zack, Trial Examiner. Said hearing was held at
New Haven, Connecticut, on January 26, 1945. The Company and
the Union appeared, participated, 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.
All parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Safety Car Heating and Lighting Company, Inc., operates a
-plant at Hamden, Connecticut, where it is engaged in the manufacture
of electrical equipment. During 1944 the Company purchased raw
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514
THE SAFETY CAR HEATING AND LIGHTING COMPANY, INC. 515
materials valued at about $1,800,000, approximately 60 percent of
which was shipped to it from points outside the State of Connecticut.
During the same period the Company sold products valued at about
$4,250,000, over 95 percent of which 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.
H. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 8, 1944, the Union requested the Company to recognize
it as exclusive collective bargaining representative of the Company's
employees. The Company refused this request until such time as the
Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found ' to be
appropriate: T "
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 Act.
IV. THE APPROPRIATE UNIT
We find, in agreement with a stipulation of the parties, that
all production and maintenance employees of the Company, iriclud-
ing shipping and receiving employees, but excluding office and
clerical employees, nurses, matrons, engineering department em'
ployees, pattern makers, guards, foundry workers, foremen, and any
other supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, 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 means of an election by secret ballot among
'The Field Examiner reported that the Union presented 200 application cards. There
are approximately 410 employees in the appropriate unit.
516 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with the' Safety Car
Heating and Lighting Company, Inc., Hamden, 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 direc-
tion 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, Sections 10 and 11, of said Rules and Regu-
lations, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immediately
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 temporarily laid off, and including employees in the armed forces
of the United States who present themselves in person at the polls, but
excluding any who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the election, to
determine whether or not they desire to be represented by United Elec-
trical, Radio & Machine Workers of America, C. I. 0., for the purposes
of collective bargaining.