Tippett & Wood

National Labor Relations Board - Board Decisions

Oct 9, 1944

58 N.L.R.B. 846 (N.L.R.B. 1944)

In the Matter of TIPPETT & WOOD and UNITED ELECTRICAL , RADIO &
MACHINE WORKERS OF AMERICA, LOCAL 451 , C. I. O.
Case No. 4-R-1500-Decided October 9, 1944
Mr. George F. Coffin, Jr., of Easton , Pa., for the Company.
Mr. Morris A. Encelewski , of Phillipsburg , N. J., 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, Local 451, C. I. 0., herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Tippett & Wood, Phillipsburg, New
Jersey, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Eugene M. Purver, Trial Examiner. Said hearing was held at Easton,
Pennsylvania, on September 18, 1944. The Company and the Union
appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence 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
1. THE BUSINESS OF THE COMPANY
Tippett & Wood is a New Jersey corporation operating a plant at
Phillipsburg, New Jersey, where it is engaged in the fabrication of
buoys, steel towers, barges, and other structures made of metal. The
Company purchases raw materials valued in excess of $100,000 an-
nually, over 75 percent of which is shipped to it from points outside
the State of New Jersey. During the same period the Company sells
58 N. L. R. B., No. 167.
846
TIPPETT & WOOD 847
finished products valued in excess of $100,000, about 70 percent of
which is used at points outside the State of New Jersey.
The Company admits, for the purpose of this proceeding, that it is
engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America, Local
451, is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the United as the exclusive col-
lective bargaining representative— of its employees 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 United represents a sub-
stantial number of employees in the unit hereinafter found to be
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 Union urges that all production and maintenance employees
of the Company, excluding office employees, watchmen, subforemen,
and supervisory employees, constitute an appropriate unit. The only
controversy with respect to the unit concerns truck drivers and ship-
ping clerks. The Company would include them in the unit while the
Union would exclude them.
The Company employs two truck drivers who are engaged in haul-
ing material to and from the railroad station, and the loading and-
unloading of trucks. Both of them devote a portion of their time
to maintenance or production work. We shall include the truck
drivers in the unit.
The Company employs two shipping clerks who receive materials,
check them, and report to the shop office. They are separate from the
office employees. We find that the shipping clerks perform duties
which are an integral part of the Company's operations, and we shall
include them in the unit.
' The Field Examiner reported that the United presented 78 authorization cards. There
are approximately 130 persons in the appropriate unit.
848 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that all production and maintenance employees of the Com-
pany, including truck drivers and shipping clerks, but excluding office
employees, watchmen, subforemen, and any other supervisory em-
ployees with authority to hire, promote, discharge, discipline, or oth-
erwise effect changes in the status of employees, or effectively recom=
mend 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
n
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
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 Rela-
tions 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 Tippett & Wood,
Phillipsburg, New Jersey , 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 Fourth 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 Regulations, 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 slid not wwk during the 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 Electrical, Radio & Machine
Workers of America, Local 451, C. I. 0., for the purposes of collective
bargaining.
Mr. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.