American Tube Bending Co., Inc.

National Labor Relations Board - Board Decisions

Nov 18, 1941

36 N.L.R.B. 1079 (N.L.R.B. 1941)

In the Matter Of AMERICAN TUBE BENDING Co., INC. and.INTERNA-
TIONAL ASSOCIATION OF MACHINISTS, A. F. OF L.
Case No. R-3164.-Decided November 18, 1941
Jurisdiction : tubing parts manufacturing industry.
Investigation and Certification of Representatives : existence of question: con-
flicting claims of rival representatives ; Company refused to accord recognition
until certification by the Board ; election necessary
Unit Appropriate for Collective Bargaining : all hourly-paid production and
maintenance employees including shipping and receiving employees and truck
drivers, but excluding supervisory, clerical, and drafting-room employees, and
watchmen ; agreement as to.
Mr. Henry W. Jones, Jr., of New Haven, Conn., for the Company.
Mr. Clark H. Goodrich and Mr. Harold V. Fernmark, of New
Haven, Conn., and Mr. Abraham A. Desser of New York City, for
the International.
Mr. Jack Sendero ff and Mr. Grafton E. Hall, of New Haven, Conn.,
for the Independent.
Mr. Milton A. Kallis, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On August 13, 1941, International Association of Machinists, A. F.
of L., herein called the International, 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 American Tube-Bending Co., Inc., New Haven, Con-
necticut, herein called the Company, and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On October 3, 1941, 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 Regu-
lations-Series 2, as amended, ordered an investigation and authorized
the Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
36 N. L. R. B, No. 220.
1079
1080 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On October 13, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
International. Pursuant to notice, a hearing was held on October 20
and 21, 1941, at New Haven, Connecticut, before Mark Lauter, the
Trial Examiner duly designated by the Chief Trial Examiner. At
the hearing American Tube Bending Company Employees Coopera-
tive Association, Incorporated, herein called the Independent, a labor
organization, appeared and claimed to represent employees of the
Company directly affected by the investigation. The Trial Examiner
granted the motion of the Independent to intervene. The Company,
the 'International, and the Independent were represented by counsel
and participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues was afforded all parties. During the course of the
hearing, the Trial Examiner made several rulings on motions and on
objections to the admission of evidence. The Board has reviewed the
rulings of the Trial Examiner and finds that no prejudicial errors
were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
American Tube Bending Co., Inc., is a Connecticut corporation with
its principal office and plant in New Haven, Connecticut, and is en-
gaged in the manufacture and sale of parts from tubing. From April
20, 1941, to October 20, 1941, the Company purchased from points
outside the State of Connecticut about $185,000 worth of materials,
approximately 75 per cent of all goods purchased. During the same
period, the Company sold and shipped to points outside the State of
Connecticut goods valued at about $360,000, approximately 75 per cent
of all goods sold. The Company admits that it is engaged in com-
merce within the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
The American Tube Bending Company Employees Cooperative As-
sociation, Incorporated, is an unaffiliated labor organization admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The International and the Independent each claim to represent a
majority of the Company's employees for the purposes of collective
AMERICAN TUBE BENDING CO., INC. 1081
bargaining. The Company has refused to recognize either organiza-
tion unless and until one or the other is certified by the, Board.
A statement of the Regional Director introduced in evidence at the
hearing shows that the International represents a substantial number
of employees in the alleged appropriate unit.,
We find that a question has arisen concerning the representation
of employees of the Company. -
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring 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
The Company, the International; and the Independent agreed at
the hearing, and we find, that the appropriate unit consists of all
hourly paid production and maintenance employees including ship-
ping and receiving employees and truck drivers, but exclusive of
supervisory, clerical, watchmen and drafting-room employees, time-
keepers, and working foremen, who have the power to hire or dis-
charge or recommend hiring or discharging. We further find that
such unit will insure to employees of the Company the full benefit
of their right to self-organization and to collective bargaining and
otherwise will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by the holding of an election by secret
ballot. We, shall direct that all employees in the appropriate unit
who were employed during the pay-roll period immediately preced-
ing the date of the Direction of Election herein, subject to the limi-
tations and additions set forth in the Direction, shall be eligible to
vote. -
1 The Regional Director reported that the International presented 172 application-for-
membership or authorization cards bearing the .names of persons who appear on the
Company's pay roll of October 21, 1941, and that the Independent presented 24 applica-
tion-for-membership cards bearing the names of persons who appear on the Company's pay
roll on the same day. There were on this ' date 445 persons on the Company's pay
roll in the appropriate unit agreed upon by the Company, the International , and the
Independent.
1082 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the basis of the above 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 American Tube Bending Co., Inc., New
Haven, Connecticut , within the meaning of Section 9 ( c) and Section
2 (6) and ( 7) of the National Labor Relations Act.
2. All hourly paid production and maintenance employees , includ-
ing shipping and receiving employees and truck drivers but exclusive
of supervisory , clerical , watchmen and drafting-room employees,
timekeepers , and working foremen who have the power to hire or
discharge or recommend hiring or discharging , constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the National Labor Relations Act.
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 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it
is hereby
DIRECTED that , as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with American Tube Bending Co., Inc., New Haven, 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 Rela-
tions Board, ' and subject to Article III, Section 9, of said Rules
and Regulations , among all hourly paid production and maintenance
employees including shipping and receiving employees and truck
drivers who were employed during the pay-roll period immediately
preceding the date of this Direction , including employees who did
not work during such pay-roll period because they were ill or on va-
cation or in the active military service or training of the United
States, or temporarily laid off, but excluding supervisory, clerical,
watchmen and drafting -room employees , timekeepers, working fore-
men who have the power to hire or discharge or recommend hiring
or discharging , and employees 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., or by the
American Tube Bending Employees ' Cooperative Association , Incor-
porated, for the purposes of collective bargaining , or by neither.