Andover Motors Corp.

National Labor Relations Board - Board Decisions

Dec 2, 1943

53 N.L.R.B. 1061 (N.L.R.B. 1943)

In the Matter of ANDOVER MOTORS CORPORATION and INTERNATIONAL
ASSOCIATION OF MACHINISTS, A. F. OF L. ' '
Case No. 3-8-691.Decided December 2, 1943
Mr. William Helfer, of New York City, for the Company.
Mr. C. W. Fairfield, of Elmira, N. Y., 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 Machin-
ists, A. F. of L., herein called the Union, alleging that a question
affecting commerce had arisen concerning representation of employees
of Andover Motors Corporation, Elmira, New York, herein called
the Company, the National Labor Relations Board provided ,for an
appropriate hearing upon due notice before Peter J. Crotty, Trial
Examiner. ' Said hearing was held at Elmira, New York, on Novem-
ber 9, 1943. The Company and the Union appeared, participated',
and were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
During the course of the hearing counsel for the Company moved to
dismiss the petition. The Trial Examiner reserved ruling. The
motion is .hereby. denied. 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
1. THE BUSINESS OF THE COMPANY
Andover Motors Corporation is an Arizona corporation operating
a plant at Elmira, New York, where it is engaged in the manufacture
of auxiliary power plants. From June 1942 to October 1943, the
Company used raw materials at its Elmira plant valued in excess
63 N L . It. B., No. 197.
1061
1062 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of $100,000, approximately 95 percent of which was shipped to it from
points outside the State of New York. During the same period the
Company manufactured products at its Elmira plant valued in excess
(if $100,000, over 90 percent of which was shipped to points outside
the State of New York. The Company admits, for the purpose of
this proceeding, that it is engaged in commerce within the meaning
of the National Labor Relations Act.
IT. THE ORGANIZATION INVOLVED
International Association of Machinists is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION' CONCERNING REPRESENTATION
On October 12, 1943, the Union requested the Company to recog-
nize it as the exclusive collective bargaining representative of the
plant-protection employees at the Elmira plant. The Company did
not reply to this request.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial 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 Act.
IV. THE APPROPRIATE UNIT
The Uniou contends that all guards at the Elmira plant of the
Company, excluding captains, sergeants, lieutenants, and the chief,
constitute an appropriate unit. The Company contends that plant-
protection employees do not constitute an appropriate unit because
they are "the protective arm of management."
The Company's plant-protection force consists of 11 employees, all
of whom are sworn United States auxiliary military police. Never-
theless these employees are hired, discharged, and paid by the Com-
pany. In view of these facts, and for the reasons stated in the Dravo
case, we find no merit in the Company's contention.2
We find that all plant-protection employees at the Elmira plant
of the Company, excluding captains, sergeants, lieutenants, the chief,
and any other supervisory employees with authority to hire, promote,
I The Field Examiner reported that the Union presented 9 authorization cards bearing
apparently genuine signatures of persons whose names appear on the Company's pay roll
of October 10, 1943. There are 11 persons in the appropriate unit.
2 Matter of Dravo Corporation, 52 N. L . R. B. 322, and cases cited therein.
ANDOVER MOTORS CORPORATION 1063
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.
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
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, it is hereby
Dm em that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Andover Motors
Corporation, Elmira, 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 supervision 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 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 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 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 International Association of Machin-
ists, affiliated with the American Federation of Labor, for the pur-
poses of collective bargaining.