The Yale & Towne Manufacturing Co.

National Labor Relations Board - Board Decisions

Oct 16, 1942

44 N.L.R.B. 1259 (N.L.R.B. 1942)

In the Matter of THE YALE & TOWNE MANUFACTURING COMPANY and
INTERNATIONAL ASSOCIATION OF MACHINISTS LODGE 539, A. F. OF L.
Case No. R-4309.-Decided October 16, 1912
Jurisdiction : lock and hardware manufacturing industry.
Investigation and Certification of Representatives : existence of question: con-
flicting claims of rival representatives; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees at one of Company's plants, with specified inclusions and exclusions.
Porter dl Taylor, by Mr."F. Carroll Taylor, of New York City, for
the Company. - I
Mr. Jerome Y. Sturm, of New York City, for the I. A. M.
Cressy, Bartram, Melvin el Sherwood, •by Mr. Joseph L. Melvin,
of Stamford, Conn., for the Association.
Miss Viola James, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Association of Machin-
ists, Lodge 539, affiliated with American Federation of Labor; herein
called' the I. A. M., alleging that a question' affecting commerce had
arisen concerning the representation of employees of The 'Yale &
Towne Manufacturing Company, Stamford, Connecticut, herein
called the Company, the National Labor Relations Board provided
for an•appropriate hearing upon due notice before Jack Davis, Trial
Examiner. Said,,hearing, was- held at Stamford, Connecticut,, on
September 22, 1942. The Company, the I. A. M., and The Yale &
Towne Employees' Association, herein called the Association, ap-
peared 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 are
free from prejudicial error and are hereby affirmed. On, October 5;
1942, the Association 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 -
At the hearing it was stipulated that the business of the Company
is substantially the, same, -with -respect to its Stamford, Connecticut,
44 N. L. R. B., No. 236.
1259
1260 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
plant, the plant involved herein, as was found in a former case involv-
ing the same plant.' The Company employs approximately 3,455'
persons. It admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
II., THE ORGANIZATIONS INVOLVED
International Association of Machinists, Lodge 539, affiliated with -
American Federation of Labor, and The Yale & Towne Employees'
Association, unaffiliated, are labor organizations admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Both the I. A. M. and the Association have requested recognition
as the sole collective bargaining agent for the employees at the Stam-
ford plant. The Company desires a determination of the issue by the
Board, as well as a determination of the appropriate unit.
-A `statement of the Regional Director, introduced in evidence at
the hearing, shows that the I. A. M. and the Association each repre-
sents a substantial number of employees in the unit hereinafter found
to be appropriate .2 1
We find that a question affecting commerce has arisen concerning
the representation _,6f employees at the Company's Stamford plant,
within the meaning of Section 9 '(c) and Section 2 (6) and (7) of
' "the Ac
IV. THE APPROPRIATE UNIT
The I. A. M., the Association, and the Company are, agreed that
production and maintenance employees, inside and outside truck
drivers, messengers 'in the shop and in the office, stock clerks, tool crib
'Matter of The Yale & Towne Manufacturing Company, a Corporation , and Association
of Machinists, Lock City .'Local No. 1557 , A. F. of L ., 36 N L. R B. 1072. It as found
that the Company was engaged . in the manufacture of-locks , hardware, and related prod-
ucts ; that, during 6 months preceding the hearing , the Company purchased approximately
$1,100,000 worth' of raw materials , principally iron, steel , copper, zinc , and tin, of which
approximately 50 percent was shipped to the Company from outside the State of Con-
necticut ; and that during the same period the Company sold approximately $ 5,600,000
worth of finished products , approximately 50 percent of which was shipped to points out-
side the State of Connecticut
2 The Regional Director reported that the I. A M. submitted as proof of representation
1,126 authorization cards, 1 dated 1940, 5 dated 1941, 1,101 dated from January to Sep-
tember 1942, and 19 undated ; that 1,070 cards bore apparently genuine original signa-
tures ; and that 996 of the 1,070 signatures are tbe ' names of persons on the pay roll of
August 27 , 1942, which contains the names of 2,624 persons in the I. A. M.'s alleged'
appropriate unit - '
The Regional Director 's statement shows that the Association submitted 651 application
cards (119 dated 1940, 99 -dated 1941, 38 dated from January to September 1942, and
395 undated) ; that 632 cards bore apparently genuine original signatures , and are the
names of persons on the pay ioll of August 27 in the unit alleged to be appropriate by
the I. A. M.
THE YALE & TOWNE MANUFACTURING COMPANY 1261
clerks, supply store clerks, parcel post clerks, shipping, clerks, receiv-
ing clerks , and packers should be included in the appropriate unit,