Wheeler Products Co.

National Labor Relations Board - Board Decisions

Jun 15, 1944

56 N.L.R.B. 1417 (N.L.R.B. 1944)

i
III the Matter Of WHEELER PRODUCTS COMPANY and UNITED STEEL-
WORKERS OF AMERICA (C. I. 0.)
Case No. 1-R-1860.Decided June 16, 1944
Mr. Max Winograd, of • Providence, R. I., for the Company.
111r. Harold Roitm an, of Boston, Mass., for the Union.
Mrs. Margaret L. Fassig, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America
(C. I. 0.), herein called the Union, alleging that a question affecting
commerce had arisen concerting the representation of employees of
Wheeler Products Company, Providence, Rhode Island, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before-John W. Coddaire, Jr.,
Trial Examiner. Said hearing was held at Providence, Rhode Island,
on May 18, 1944. The Company and the Union appeared and par-
ticipated. All parties were afforded full opportunity to be heard, to
examine-and cross-examine witnesses, and to introduce evidence bear-
ing 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 an 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
Wheeler Products Company is a partnership engaged in the manu-
facture of various metal products. The office and sole place of busi-
ness of the Company is located- at 430 Linsley Avenue, Providence,
Rhode Island.
The principal raw materials used by the Company in its business
consist of a wide variety of metals in raw stock form, which are either
56 N. L. R. B, No. 256. -
1417
1418 , DECISIONS OF^NATIONAL LABOR RELATIONS BOARD
bought in the open market !or are sent to the'Company by prime con-
tractors for processing. Practically all •of the Company's purchases
of raw materials are made within the State of Rhode Island,-but more,
than 50 percent in volume of the materials-received by the Company.
from contractors for. processing is sent from points located outside
the State of Rhode Island. The total- value of the processing per-
formed by the Company for its contractors and of the products manu-
factured by the'Company for an annual period is in excess of $20,000,
over 50 percent of which is shipped to, points outside the State of
Rhode Island.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act. -
H. THE ORGANIZATION INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership,employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company - has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees in the agreed
appropriate unit because the Company questions the Union 's claim
of majority representation of such employees. -
A statement , of a Boai•d agent, introduced into evidence at the
hearing indicates that the Union represents ,a substantial number of
employees in the unit hereinafter found 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 'accordance with a stipulation of the parties, that all
of the Company's production workers, including- machinists, lathe
operators, drill press operators, milling, machine operators, inspec-
tors, assemblers, and tool makers, but excluding office and clerical`em-
ployees, shipping clerks, storekeepers, salesmen, watchmen,- care-
takers, maintenance employees, executive, employees, administrative
employees, and all or any supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in
the, status of employees,, or effectively recommend such action, con-
1 The Field Examiner reported that the Unions submitted 40 application cards ; that the
names of 37 persons appearing on the cards were listed on the Company ' s pay roll of April'
13. 1944, which contained the names of 65 employees in the appropriate unit
WHEELER PRODUCTS COMPANY 1419
stitute a unit appropriate for the purposes of collective--bargaining
within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen bd resolved by an election by secret ballot among the em-
ployees 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. I
DIRECTION OF ELECTION
By virtue or 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, it is'hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Wheeler Prod-
ucts Company, Providence, Rhode Island, 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 First 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 did
not work during said pay-roll period because they were ill or on vaca-
tion 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 or not they' desire
to be represented by United Steelworkers of America (C. I. 0.) for
the purposes of collective bargaining.
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