Wico Electric Co.

National Labor Relations Board - Board Decisions

Apr 29, 1943

49 N.L.R.B. 285 (N.L.R.B. 1943)

In the Matter of Wlco ELECTRIC COMPANY and INTERNATIONAL
ASSOCIATION OF MACHINISTS ( A. F. OF L.)
Case No. R-5166.-Decided April 29, 19.4.3
Mallory & Gilbert, by Mr. R. DeWitt Mallary, of Springfield, Mass.,
for the Company.
Mr. J. H. Curran, of Springfield, Mass., 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 International Association of Machinists
(A. F. of L.), herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of'Wico Electric Company, West Springfield, Massachusetts, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Robert E. Greene, Trial
Examiner. Said hearing was held at Springfield, Massachusetts, on
April 13, 1943. At the commencement of the hearing, the Trial
Examiner denied a motion of,Wico Employees Conference Associa-
tion , herein called the Independent, to intervene. That ruling is
hereby affirmed.' The Company and the Union appeared and par-
ticipated in the hearing and were afforded full opportunity to be
heard, to examine and 'cross-examine witnesses , and to introduce evi-
dence bearing on the issues.2 The-Trial Examiner 's rulings made, at
the hearing are free from prejudicial error and are hereby affirmed.
On April 20, 1943, the Company filed a brief which the Board has
considered.
'On March 4, 1943, the Board ordered the Company , among other things, to cease and
desist from dominating and interfering with the administration of the Independent and
to withdraw and withhold from the Independent all. recognition as representative of its
employees and completely disestablish the Independent as such representative . Matter of
Wico Electric Company and International Association of Machinists (A. F. of L.), 47
N. L R. B. 1297 '
2 Although United Electrical , Radio & Machine Workers of America, C . I. 0, was served
with notice of hearing , it did not appear.
49 N. L . R. B., No. 35.
285
286 DEOISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
• Wico Electric Company is a Massachusetts corporation with its
principal place of business at Nest Springfield, Massachusetts, where
it is engaged in the manufacture, sale, and distribution of magnetos,
electric ignition equipment, and electrical and mechanical specialties
of all, kinds. During its fiscal year ending June 30, 1942, the Com-
pany purchased raw materials valued -in excess of $1,200,000, approxi-
mately 90 percent of which' was shipped to it from points outside the
State of Massachusetts. During the same period the Company sold
finished products valued in excess of $2,500,000, approximately 90
percent of which was shipped to points outside the State of Massa-
chusetts.
H. THE ORGANIZATION INVOLVED
International Association of Machinists is a labor organization
affiliated with the American Federation of Laboi, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During March 1943, the Union requested the Company to recognize
it as the exclusive bargaining representative of its employees. The
Company refused this request until such time as the Union "became
the legally constituted bargaining agency for the employees."
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial 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 National Labor
Relations Act. - I '
IV. THE APPROPRIATE UNIT
The Union contends that all production and maintenance employees
of the Company,, excluding. executives, foremen, assistant foremen,
other supervisory employees, engineers, draftsmen, and clerical and
plant protection employees, constitute an appropriate unit. The Com-
pany stated at the hearing that it had no objection to the unit requested
by the Union.
I
8 The Regional Director reported that the Union presented 289 authorization cards
bearing apparently genuine signatures of persons whose names appear on the Company's
pay roll of April 1 , 1943. There are approximately 519 employees in the appropriate unit.
WICO ELECTRIC COMPANY 287
We find that all production and maintenance employees of the
Company, excluding executives, foremen, assistant foremen, other
supervisory employees, engineers, draftsmen, and clerical and plant
protection employees, 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
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
therein.
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 2, as amended, it is
hereby -
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Wico Electric
Company; West Springfield, Massachusetts, an election by secret bal-
lot shall be conducted as early as possible, but-not later than thirty
,(30) days from the date of thi's Direction, under the direction and
supervision of the Regional Director for the First Region, acting. in
''this'matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Section 10, 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 any'such 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, to
determine whether or not they desire to be represented by International
Association of Machinists, A. F. of L., for the purposes of collective
bargaining.