Waterbury Clock Co.

National Labor Relations Board - Board Decisions

Nov 11, 1937

4 N.L.R.B. 120 (N.L.R.B. 1937)

In the Matter Of WATERBURY CLOCK COMPANY and INTERNATIONAL
ASSOCIATION OF MACHINISTS
Case No. R-320.-Decided November 11, 1937
Clock Manufacturinq Industry-Invest igation of Representatives : controversy
concerning representation of employees : dispute between craft and industrial
unions as to appropriate unit-Unit Appropriate for Collective Bargaining:
craft ; occupational and wage differences ; history of collective bargaining with
employer ; established labor organization in plant ; desire of employees-Repre-
sentatives : proof of choice ; signed authorizations ; stipulation as to majority in
appropriate unit-Certification of Represcntatives-upon proof of majority
representation.
Mr. Charles A. Graham, for the Board.
Mr. Edward T. Carmody, of Waterbury, Conn., for the Company.
Mr. J. H. DeCantillon, of Meriden, Conn., for the I. A. M.
Mr. Philip C. Brainard, of Waterbury, Conn., for the Brass Work-
ers Union.
Mr. Lewis M. Gill, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On August 18, 1937, International Association of Machinists, here-
in called the I. A. M., filed with the Regional Director for the Second
Region (New York City) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
Waterbury Clock Company, Waterbury, Connecticut, herein called
the Company, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, herein called the Act. On September 20,
1937, the National Labor Relations Board, herein called the Board,
acting pursuant to Section 9 (c) of the Act, and Article III, Section
3, of National Labor Relations Board Rules and Regulations-Series
1, as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On September 25, 1937, the Regional Director issued a notice
of hearing to be held' at Waterbury, Connecticut, on September 30,
120
DECISIONS AND ORDERS 121
1937, copies of which were duly served upon the Company, upon the
I. A. M., and upon the Waterbury Brass Workers -Union, herein
called the Brass Workers Union, which had indicated a desire to
intervene. Pursuant to the notice, a hearing was held at Waterbury,
Connecticut, on September 30, 1937, before Harold R. Korey, the
Trial Examiner duly designated by the Board. The Board and
the Company were represented by counsel, and the I. A. M. and
the Brass Workers Union were represented by officers of their respec-
tive organizations. All participated in the hearing. Full opportu-
nity to be.heard, to examine and cross-examine witnesses and to in-
troduce evidence bearing upon the issues was afforded all parties.
A motion by the Brass Workers Union to intervene was granted.
No objections to the admission of any evidence were made at the
hearing.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Company is a corporation, organized in 1857 under the laws
of Connecticut. Its principal offices and only plant are located in
Waterbury, Connecticut.
The Company is engaged in the manufacture and sale of time-
pieces and parts of timepieces. It does an annual gross business of
approximately five million dollars. Raw materials used by the
Company include brass, steel, and paper. An average of about 25
per cent of such raw materials are purchased outside the State of
Connecticut. The finished timepieces and parts are sold through
subsidiaries, 95 per cent being sold outside the State of Connecticut
and shipped by railroad, ship, and truck. The Company employs ap-
proximately 40 salesmen, who solicit orders in all states in the
United States. It is the owner of trade marks and foreign patents.
The Company advertises in newspapers and magazines and over the
radio.
The Company's plant in Waterbury, Connecticut, consists of sev-
eral buildings, all located in one city block. The number of em-
ployees in this plant is approximately 2,800.
H. THE ORGANIZATIONS INVOLVED
The I. A. M. is a labor organization affiliated with the American
Federation of Labor. It admits to membership machinists, tool
and die makers, and apprentice mechanics employed by the Company.
The Brass Workers Union is a labor organization which is a local
of the International Union of Mine, Mill, and Smelter Workers,
122 NATIONAL LABOR RELATIONS BOARD
an industrial union for the copper, brass, and non-ferrous metal
industry. It admits to membership all production employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
Neither the Brass Workers Union nor the I. A. M. seeks at this
time a determination of the bargaining agency for all employees of
the Company. It is stipulated that the I. A. M. represents a majority
of the machinists, tool and die makers, and apprentice mechanics,
and the I. A. M. contends that these employees constitute an appro-
priate unit. The Company, while adopting a neutral attitude, desires
a determination of the appropriateness of the proposed unit. The
-Brass Workers Union contends that the unit proposed by-the I. A. M.
is inappropriate. We find that a question has arisen concerning the
representation of employees of the Company.
IV. THE EFFECT OF THE QUESTION OF REPRESENTATION ON COMMERCE
We find that the question of representation, which has arisen, in
connection with the operations of the Company described in Section
I above, has a close, intimate, and substantial relation to trade, traffic,
and commerce among the several States, and tends to lead to labor
disputes burdening and obstructing commerce and the free flow of
commerce.
V. THE APPROPRIATE UNIT
It was testified that of approximately 2,800 employees of the Com-
pany, about 95 are skilled machinists , tool and die makers, and
apprentice mechanics . The I . A. M. contends that a unit comprising
these employees is appropriate . Almost all of these men are located
in Departments 13 and 51. They occupy two separate buildings,
although there are certain automatic screw machine operators located
in the same building with the machinists in Department 51. An
official of the Company testified that these machinists and tool and
die makers are more highly skilled than the rest of the employees;
that there is no interchangeability between these men and other
employees ; and that the wage scale for such men reaches higher
levels than that for other employees in the plant . The direction and
supervision of these employees is also different from that of other
employees in the plant. -
The Brass Workers Union , while agreeing with the Company and
the I. A. M. that automatic screw machine operators do not belong
in a craft unit with the machinists and tool and die makers , contends
that a craft unit of any type is inappropriate , since all the employees
are interdependent and have common interests . However, it does not
claim to represent a majority of the employees in the entire plant.
DECISIONS AND ORDERS 123
It vas testified by an I. A. M. representative that for some four
years the I. A. M. has successfully negotiated with the Company on
matters of wages, hours , and conditions of work relating to employees
in the unit proposed by the I. A. M. It has never represented the
automatic screw machine operators . The Brass Workers Union has
negotiated with the Company on behalf of the automatic screw ma-
chine operators , but has never represented the group now claimed by
the I . A. M. While no evidence of any signed agreements was ad-
duced, it does appear from this history of negotiations that the unit
proposed by the I. A. M. is feasible . In view of the fact that it is
conceded by all parties that the I. A. M. has been selected by the
majority of the employees in such a unit , it appears that the desire
of these employees is that they should constitute a separate bargain-
ing group. Under all the circumstances of the case, we believe that
the machinists , tool and die makers , and apprentice mechanics con-
stitute together an appropriate unit.
In order to insure to the Company's employees the full benefit of
their right to self -organization and to collective bargaining, and
otherwise to effectuate the policies of the Act, we find that the ma-
chinists, tool and die makers, and apprentice mechanics constitute a
unit appropriate for the purposes of collective bargaining in respect
to rates of pay, wages , hours, and other conditions of employment.
VI. THE DETERMINATION OF REPRESENTATIVES
While no pay roll of the Company was submitted , it was testified
that there were about 95 employees included in the unit which we
have found appropriate. The I . A. M. introduced as an exhibit a
list of signatures of skilled mechanics in Departments 13 and 51
authorizing the I . A. M. to represent the signatories for purposes of
collective bargaining . There were 83 such signatures . Furthermore,
it was stipulated by all the parties concerned that the I. A. M. repre-
sented a majority of the employees in the unit in question. We find
that the I. A. M. has been selected by the majority - of the employees
in the unit above described as appropriate , and we will certify it as
their exclusive bargaining agency.
CONCLUSIONS OF LAW
Upon the basis of the foregoing findings of fact and upon the
entire record in the case , the Board makes the following conclusions
of law:
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Waterbury Clock Company , Waterbury,
Connecticut , within the meaning of Section 9 ( c) and Section 2 (6)
and (7 ) of the National Labor Relations Act.
124 NATIONAL LABOR RELATIONS BOARD
2. The machinists, tool and die makers, and apprentice mechanics
employed by the Company, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section 9
(b) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended,
IT IS HEREBY CERTIFIED that International Association of Machinists
has been selected by a majority of the machinists, tool and die mak-
ers, and apprentice mechanics employed by the Waterbury Clock
Company, Waterbury, Connecticut, as their representative for the
purposes of collective bargaining, and that, pursuant to the provi-
sions of Section 9 (a) of the Act, International Association of Ma-
chinists is the exclusive representative of all such employees for the
purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment.