Turner Machine Co., Inc.

National Labor Relations Board - Board Decisions

Dec 6, 1943

53 N.L.R.B. 1188 (N.L.R.B. 1943)

In the Matter of TURNER MACHINE CO ., INC. and INTERNATIONAL Asso-
CIATION OF MACHINISTS , A. F. OF L.
Case No. 2-R-4278.-Decided December 6, 1943
Mr. J. S. Whiteside, Jr., of New Haven, Conn., for the Company.
Mr. Fred Cederholm, of Bridgeport, Conn., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
5,
Upon petition and amended petitions duly filed by International
Association of Machinists, A. F. of L., herein called the Union, al-
leging that a question affecting commerce had arisen concerning the
representation of employees of Turner Machine Co., Inc., Danbury,
Connecticut, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice be-
fore James C. Paradise, Trial Examiner. Said hearing was held at
Danbury, Connecticut, on November 16, 1943. 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
Turner Machine Co., Inc., is a Connecticut corporation operating
a plant at Danbury, Connecticut, where it is presently engaged in the
.manufacture of parts for shells and other war implements. During
the past- year the Company purchased raw materials valued at about
53 N. L. R. B., No. 214.
1188
TURNER MACHINE CO., INC. 1189
$35,000, approximately 50 percent of which was shipped to it from
points outside the State of Connecticut. During the same period the'
Company produced products valued at about $200,000, substantially
all 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.
II. THE ORGANIZATION INVOLVED
International Association of Machinists 'is a labor organization af-
filiated with the American Federation of Labor, admitting to mein-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees until such time as
the Union is certified by the Board.
A statement of the Trial Examiner, read into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees 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
We find, in agreement with a stipulation of the parties, that all pro-
duction and maintenance employees of the Company, excluding watch-
men and all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit ap-
propriate for the purposes of collective bargaining, within the mean-
ing of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has arisen
can best be resolved by means of an election by secret ballot. The
Union urges that the pay roll as of the date of the hearing be used to
determine eligibility to vote. Inasmuch as no persuasive reason ap-
pears as to why we should depart from our usual practice we shall
direct that those eligible to vote shall be the employees in the appro-
' The Trial Examiner reported that the Union presented 14 membership application cards
bearing apparently genuine signatures of persons whose names appear on the Company's
pay roll of November 16, 1943 . There are approximately 2 8 employees in the appropriate
unit.
1190 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Driate unit who were employed during the pay-roll period immedi-
ately preceding the date of the Direction of Election herein, subject
to the limitations and additions set forth in the Direction.
On September 13,1943, the Company discharged Michael Hrabcsak.
The Union thereafter filed charges on behalf of this employee, alleg-
ing that he was discharged in violation of-Section 8 (3) of the Act.
The charges are pending at the present time? The Union requests
that he be allowed to vote in the election and the Company opposes
his participation therein. 'We • will allow Hrabcsak to vote in the
election but his ballot\will be segregated and we shall defer ruling as
to its validity pending a determination of the unfair labor practice
charges. By allowing this discharged employee to vote we are in no
way passing upon the merits of the pending charges.
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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Turner Machine
Co., Inc., Danbury, 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 Second 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 em-
ployees 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 International Association of Ma-
chinists, A. F. of L., for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.
2 However , the Union filed a waiver of the charges for the purpose of this proceeding.