B. F. Perkins & Sons, Inc.

National Labor Relations Board - Board DecisionsFeb 5, 1946

65 N.L.R.B. 816 (N.L.R.B. 1946)

In the Matter of B. F . PERKINS & SON, INC. and AMERICAN FEDERATION OF LABOR, FEDERAL UNION No. 23917 Case No. 1-R-2766.-Decided February 5, 1946 Mr. Ralph J. Spooner, of Springfield, Mass., for the Company. Mr. William F. Malone, of Holyoke, Mass., for the Petitioner. Mr. John H. Wood, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by American Federation of Labor, Fed- eral Union No. 23917,1 herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of B. F. Perkins & Son, Inc., Willimansett, Massachusetts, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Samuel G. Zack, Trial Examiner. The hearing was held at Springfield, Massa- chusetts, on December 28, 1945. The Company and the Union ap- peared and participated.2 All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing 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 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 B. F. Perkins & Son, Inc., is a, corporation organized and doing busi- ness under the laws of the Commonwealth of Massachusetts, with its principal office and place of business located at Willimansett, Massa- chusetts. It is engaged in the manufacturing of paper and textile fin- ' The petition and other formal papers were amended at the hearing to show the correct name of the Union as designated above 2 B F Perkins & Son Independent Union, also served with Notice, did not appear. 65 N I. R B., No. 142. 816 B. F. PERKINS & SON, INC. 817 ishing machinery. During the past year, more than 60 percent of the raw materials used by the Company in its operations was shipped to its plant at Willimansett from outside the Commonwealth of Massachu- setts, and more than 75 percent of the finished products manufactured by the Company during the past year was shipped to points outside the Commonwealth of Massachusetts. Raw materials purchased by the Company annually exceed $350,000. Sales of finished products by the Company annually exceed $1,250,000. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED Federal Union No. 23917 is a labor organization, affiliated with the American Federation of Labor, admitting to membership em- ployees 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 until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate.3 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, substantially in accord with the agreement of the parties, that all production and maintenance employees, including assistant foremen,4 timekeepers, expeditors, inspectors, watchmen, and stock- keepers, but excluding executives, office and engineering department employees, and supervisors, and any other employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, con- stitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 'The Field Examiner reported that the Union submitted 82 authorization cards dated in July 1945 and 2 which were undated There are approximately 105 employees in the appropriate unit. 4It does not appear that the assistant foremen are supervisory employees within the meaning of our customary definition. 818 DECISIONS OF NATIONAL LABOR RELATIONS BOARD V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among employees in the appropriate unit who were employed during the pay-roll pe- riod 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 Re- lations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and, Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with B. F. Perkins & Son, Inc., Willimansett, Massachusetts, 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 employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preced- ing 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 Federal Union No. 23917, affiliated with the American Federation of Labor, for the purposes of collective bar- gaining.