B. F. Sturtevant Co.

National Labor Relations Board - Board Decisions

Sep 17, 1943

52 N.L.R.B. 703 (N.L.R.B. 1943)

In the Matter of B. F. STURTEVANT Co. and INTERNATIONAL ASSOCIATION
OF MACHINISTS
Case No. R-5925.-Decided September 17, 1943
Mr. Allan R. Seserman, of Boston, Mass., for the Company.
Messrs. Harold F. Reardon and David P. McSweeney, of Boston,
Mass. , for the I. A. M.
Mr. Meyer Ginsberg, of Boston, Mass., for the Pattern Makers.
Miss Viola James, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Machinists,
herein called the I. A. M., alleging that a question affecting commerce
had arisen concerning the representation of employees of B. F. Sturte-
vant Co., Hyde Park, Massachusetts, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Thomas H. Ramsey, Trial Examiner. Said
hearing was held at Boston, Massachusetts, on August 27, 1943. The
Company and the I. A. M. appeared, participated, and were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues.' The Trial Exam-
iner'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.
'Pattern Makers League of North America , herein called the Pattern Makers , Inter-
national Molders & Foundry Workers of North America , Local 397 , herein called the
Molders, and International Brotherhood of Firemen & Oilers, Powerhouse Employees,
Operators & Maintenance Men, herein called the Firemen, were served with notice of the
hearing. The Pattern Makers appeared but did not participate . Neither the Molders nor
the Firemen made any appearance.
52 N. L. R. B, No. 123.
703
704 DECISIONS 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
B. F. Sturtevant Co. is a Massachusetts corporation with its prin-
cipal office and place of business at its Hyde Park plant in Boston.
The Company is engaged in the manufacture and sale of fans, blow-
ers, and heating and ventilating equipment. For, use in its manufac-
turing process, the Company during the past year purchased approxi-
mately 250,000 tons of raw materials consisting principally of ferrous
and non-ferrous material, 98 percent of which was shipped to the
Company at its Hyde Park plant from points outside 'the State of
Massachusetts. During the same year its finished products totaled be-
tween 200,000 and 300,000 tons, valued in excess of $10,000,000, practi-
cally all of which was sold and shipped to purchasers in other States
and in foreign countries. The Company admits that it is engaged in
commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Association of Machinists is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On August 7, 1943, the I. A. M. requested recognition as the exclu-
sive representative of the Company's employees and sought a meeting
with the Company for the purpose of bargaining. The Company re-
fused the request.
The record reveals that the I. A. M. represents a substantial number
of employees in the unit hereinafter found to be appropriate.2
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 substantial agreement with the parties that all production
and maintenance employees of the Company, excluding executives,
2 The Regional Director reported that the I. A. M. submitted 682 authorization cards, of
which 674 bore apparently genuine original signatures ; that 622 bore the names of persons
on the Company 's pay roll of August 8, 1943, which lists approximately 1,501 persons in
the alleged appropriate unit ; and that 627 cards were dated in August 1943, 25 were
undated, 3 dated in September and October 1943, and the remainder were dated prior'
to August 1943.
The Trial Examiner reported that the I . A. Al. submitted 12 additional cards bearing
the names of persons on the Company 's pay roll of August 8, 1943, who are employed as
powerhouse and foundry employees and watchmen , and that there are 41 employees in
these categories.
B. F. STURTEVANT CO. 705
office and clerical employees, timekeepers, factory clerks, time-study
men, pattern makers, uniformed plant protection employees, foremen,
assistant foremen, and any other supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, consti-
tute 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 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 Direc-
tion.
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 Relations 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 B. F. Sturtevant
Co., Hyde Park, 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 supervision 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 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 Machin-
ists, for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.