W & F Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Jul 2, 1946

69 N.L.R.B. 274 (N.L.R.B. 1946)

In the Matter of W & F MANUFACTURING Co., INC. and BAKERY AND
CONFECTIONERY WORKERS INTERNATIONAL UNION OF AMERICA,
LOCAL 431, A. F. OF L.
Case No. .3-R-1264.-Decided July 2, 1946
Messrs. D. Rummy Wheeler and Adrian Block, of Buffalo, N. Y.,
for the Company.
Mr. Peter J. Crotty, of Buffalo, N. Y., for the A. F. of L.
Mr. Edward Rosenhahn, of Buffalo, N. Y., for the C. 1. 0.
Mr. Martin E. Rendelman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Bakery and Confectionery Workers
International Union of America, Local 431, A. F. of L., herein called
the A. F. of L., alleging that a question affecting commerce had arisen
concerning the representation of employees of W & F Manufacturing
Co., Inc., Buffalo, New York, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Cyril W. O'Gorman, Trial Examiner. The hear-
ing was held at Buffalo, New York on June 10, 1946. The Company,
the A. F. of L., and Playthings, Jewelry and Novelty Workers Inter-
national Union, C. I. 0., herein called the C. I. 0., 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 opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE 11USINESS OF THE COMPANY
W & F Manufacturing Co., Inc., a New York corporation with its
principal office and place of business in Buffalo, New York, is engaged
I At the hearing, the Trial Examiner granted a motion to ii,te, Gene wade hN the I I U
69 N L. R. B., No. 32.
274
W & F MANUFACTURING CO., INC. 275
in the manufacture, sale, and distribution of confections, candles,
chewing gum, containers and miscellaneous wax products. During
the 12 months preceding the hearing the Company purchased raw ma-
teiials valued in excess of $250,000, 50 percent of which was shipped
to the Company from points outside the State of New York. During
the same period the value of the Company's finished products was in
excess of $.500,000, 75 percent of which was shipped to points outside
the State of New York.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
It. THE ORGANIZATIONS INVOLVED
Bakery and Confectionery Workers International Union, Local 431,
affiliated with the American Federation of Labor; and Playthings,
Jewelry and Novelty Workers International Union, affiliated with
the Congress of Industrial Organizations, are labor organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the A. F. of L.,
as the exclusive bargaining representative of certain of its employees,
until the A. F. of L. has been certified by the Board in an appropriate
unit.
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 accordance with the agreement of the parties, that all
production and maintenance employees of the Company, including
machine shop employees, but excluding clerical employees and all
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.2
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 employees
At the hearing all parties agreed upon the composition of the unit, except that the
A F of L objected to the inclusion of machine shop employees In a subsequent letter
to the Board, however, which is hereby made a part of the record, the A F of L withdrew
its objection and agreed to the inclusion of these workers
276 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject of 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 Rela-
tions 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 W & F Manufac-
turing Co., Inc., Buffalo, New York, 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 super-
vision of the Regional Director for the Third 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 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 those employees 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 they desire to be represented by
Bakery and Confectionery Workers International Union of America,
Local 431, A. F. of L., or by Playthings, Jewelry and Novelty
Workers International Union, C. I. 0., for the purposes of collective
bargaining, or by neither.
MR. GERAR.D D. REILLY took no part in the consideration of the
above Decision and Direction of Election.