The Turner & Seymour Manufacturing Co.

National Labor Relations Board - Board Decisions

Apr 12, 1944

55 N.L.R.B. 1234 (N.L.R.B. 1944)

In the Matter of THE TURNER & SEYMOUR MANUFACTURING CO. and
INTERNATIONAL UNION OF MINE, MILL AND SMELTER WORKERS,
C..I.O.
Case No. 1-R-1774.-Decided April 10, 1944
Mr. J. F. Whiteside, Jr., of New Haven, Conn., and Mr. F. H. Grif-
fiths, of Torrington, Conn., for the Company.
Mr. Thomas J. Gangi, of Torrington, Conn., Mr. John J. Driscoll, of
Waterbury, Conn., Mr. Henry St. Hilaire and Miss Viola Concannon,
of Torrington, Conn., for the C. I. O.
Mr. William Whitsett, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union of Mine, Mill and
Smelter Workers, C. I. 0., herein called the C. I. 0., alleging that a
question affecting commerce had arisen concerning the representation
of employees of The Turner & Seymour Manufacturing Co., of Tor-
rington, Connecticut, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before John W. Coddaire, Jr., Trial Examiner. Said hearing was
held at Torrington, Connecticut, on March 10, 1944. The Company and
the C. I. O. appeared and participated. All parties 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 an 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 Company, a Connecticut corporation, is engaged at its plant in
Torrington, Connecticut, in the manufacture of gray iron castings for
55 N. L. R. B., No. 224.
1234
THE TURNER & SEYMOUR MANUFACTURING CO. 1235
use in the manufacture of machinery. Over 30 percent of the Com-
pany's raw materials, consisting or iron, sand, coke, steel, and brass, is
shipped to it from points outside the State; the remainder of its raw
materials, consisting of steel and brass, is purchased in Connecticut
but originate outside the State. In 1942 its finished products were
valued in excess of $500,000, over 50 percent of which was shipped by
the Company to points outside the State. The Company admits that it
is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
International Union of Mine, Mill and Smelter `Yorkers, affiliated
with Congress of Industrial Organizations, is a labor organization-
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the C. I. O. as
the exclusive bargaining representative of its employees until the
C. T. O. has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the C. I. O. represents a substantial number of em-
ployees in the unit hereinafter found appropriate.,
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
The C. I. O. desires a unit composed of all production and mainte-
nance employees, including shipping and receiving employees, but ex-
cluding executives, foremen, assistant foremen, employees of the
laboratory and engineering departments and office and clerical work-
ers. The Company concedes the appropriateness of this unit but
contends that set-up men, inspectors, chief of the weighing department,
working and assistant foremen, and watchmen should be excluded.
The record shows that set-up men set up new tools, instruct new
employees, and report to the foremen on the proficiency of employees.
Their recommendations relative to the promotion, demotion, and dis-
charge of employees are given considerable weight by the foremen.
We shall, therefore, exclude them from the unit.
Inspectors have no disciplinary power, and do not make recommen-,
' dations affecting the status of any employee. They are paid on the
1 A representative of the Board reported that the C. I. O. submitted 232 cards, bearing
,apparently genuine original signatures ; that 107 of the cards were undated, while the
remainder bore dates from December 1943 through February 1944. There are 305 em-
ployees in the appropriate unit.
1236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
same basis as production and maintenance employees, receive the same
vacations, and for the most part work alongside production employees.
Since their work is not of a supervisory nature, we shall include them
in the unit.
The chief of the weighing department weighs and computes "quan-
tities from weight." He is paid by the hour like production employees
and his vacation plan is the same. He has three assistants but has no
authority to hire or discharge them; while he could recommend their
discharge or transfer, it does not appear that such recommendation
would be given any effect. For these reasons, we shall include him in
the unit.
The working foremen have absolute authority to hire, discharge
and effect changes in the status of employees. We shall, therefore,
exclude them from the unit.
The watchmen are concerned solely with plant protection. They
are not uniformed or deputized. They have no authority to effect or
recommend changes in the status of employees. Their duties are
purely monitorial. We shall, therefore, include them in the unit.
We find that all production and maintenance employees, including
shipping-room and receiving-room employees, chief of the weighing
department, inspectors, and watchmen, but excluding executives, fore-
men, working and assistant foremen, set-up men, employees of the
laboratory and engineering departments, office and clerical employees,
and all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing 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 Election
herein, subject to the limitations and additions set forth in 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Turner &
THE TURNER & SEYMOUR MANUFACTURING CO . 1237
Seymour Manufacturing Co., Torrington , 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
subject to Article III, Sections 10 and 11 , of said Rules and Regula-
tions, 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 the said pay -roll period because they were ill or on vaca-
tion 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
International Union of Mine, Mill and Smelter Workers, C. I. 0., for
the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.