Bridgeport Thermostat Co., Inc.

National Labor Relations Board - Board DecisionsMar 11, 1946

66 N.L.R.B. 524 (N.L.R.B. 1946)

In the Matter of BRIDGEPORT THERMOSTAT COMPANY, INC.' and INTERNATIONAL UNION, UNITED AUTOMOBILE , AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA , UAW-CIO, LOCAL 877 Case No. 2-R-6083.-Decided March 11, 1946 Mr. Walter L. Rice, by Mr. Elmer M. Cunningham, of Richmond, Va., for the Company. Mr. Benjamin Rubenstein, of New York City, for the Union. Mr. Donald B. Brady, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Union, United Auto- mobile, Aircraft & Agricultural Implement Workers of America, UAW-CIO, Local 877, herein called the Union, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Bridgeport Thermostat Company, Inc., Bridge- port, Connecticut, herein-called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Richard J. Hickey, Trial Examiner. The hearing was held at Bridgeport, Connecticut, on January 30, 1946. The Company and Union appeared and participated. 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 : 1 At the hearing, the Trial Examiner granted a motion to correct all papers in the proceeding to reflect the true name of the employer as set forth above. 66 N. L. R. B., No. 68. 524 BRIDGEPORT THERMOSTAT COMPANY, INC. 52S FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Bridgeport Thermostat Company, Inc., a subsidiary of the Reynolds Metals Company, with its office and plant in Bridgeport, Connecticut, is engaged in the manufacture, sale, and distribution of metallic bellows and bellows assemblies, automotive thermostats, and metal stampings. During the past year, the Company pur- chased raw materials valued at in excess of $250,000, of which ap- proximately 66 percent was shipped from places outside the State of Connecticut to its Bridgeport plant. During the same period, the Company sold finished products valued at in excess of $1,000,000, of which approximately 90 percent was shipped to points outside the State of Connecticut. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. U. THE ORGANIZATION INVOLVED International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, Local 877, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of the Company's 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.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 substantially with an agreement of the parties that all production and maintenance employees of the Company, including set-up men, elevator operators, watchmen and guards, tool-crib attendants, truck drivers, stockroom employees, shipping and re- 2 The Field Examiner repotted that the Union submitted 77 application cards and that the cards are dated as follows : August 1945-2; October 1945-17; November 1945-48; December 1945-9, undated-1 There are approximately 250 employees in the appropriate unit. 526 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ceiving employees ( including shipping and receiving clerks ), assistant foremen , and part-time employees , but excluding nurses, laboratory technicians , engineering department employees , timekeepers, office and shop clerical workers, foremen , and any other supervisory em- ployees with authority to hire , promote, 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 wnicn has arisen be resolved by an election by secret ballot among 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, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain represen- tatives for the purposes of collective bargaining with Bridgeport Thermostat Company, Inc., Bridgeport , 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 Relations Board, and subject to Article III, Sections 10 and 11 , of said Rules and Regu- lations, among 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 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 International Union , United Automobile, Aircraft & Agricultural Implement Workers of America, UAW-CIO, Local 877, for the purposes of collective bargaining.