Brown & Sharpe Manufacturing Co.Download PDFNational Labor Relations Board - Board DecisionsMar 1, 194666 N.L.R.B. 234 (N.L.R.B. 1946) Copy Citation In the Matter of BROWN & SHARPE MANUFACTURING COMPANY and INTERNATIONAL ASSOCIATION OF MACHINISTS A. F. OF L. Case No. 1-R-2633.-Decided March 1, 1946 Messrs. John J. Hall and Eugene J. Phillips, of Providence, R. I., for the Company. Mr. Harold F. Reardon,, of Boston, Mass., for the Union. Mr. Julius Topol, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a 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 the representation of employees of Brown & Sharpe Manufacturing Company, Providence, Rhode Island, herein called the Company, the National Labor Rela- tions Board provided for an appropriate hearing upon due notice before Walter, B. Wilbur, Trial Examiner. The hearing was held at Providence, Rhode Island, on October 18, 1945. The Company and the Union appeared and participated.'. All parties were af- forded 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 1. THE BUSINESS OF THE COMPANY Brown & Sharpe Manufacturing Company, a Rhode Island cor- poration, is engaged at its only plant in Providence, Rhode Island, iThe Union has waived the right to object to any election which may be ordered herein on the basis of the charges filed in Case No. 1-C-2655. 66 N. L. R. B., No. 22. 234 BROWN & SHARPE MANUFACTURING COMPANY 235 in the manufacture, sale, and distribution of machine tools and at- tachments, cutters' and machinists' tools, and other miscellaneous articles. During each year the Company purchases raw materials, tools, and equipment amounting in value to more than $10,000,000, the greater portion of which is shipped to its plant from points out- side the State of Rhode Island. The value of finished products an- nually manufactured by the Company exceeds $20,000,000, of which more than 50 percent represents shipments destined for points out- side the State. 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 The Company has refused to grant recognition to the Union as the exclusive bargaining representative of the watchmen at its plant. 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 mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Union seeks a unit of all watchmen at the Company's plant, excluding all supervisory employees within the meaning of the Board's usual definition. The Company opposes the granting of collective bargaining rights to these employees because of the nature of the work they perform. The watchmen patrol the inside of the Company's plant during the hours when production employees are not present. In the course of their work they are required to ring boxes at 1- or 2-hour inter- vals. They are primarily engaged in watching for fires, and for water and sprinkler damage. These employees are neither militar- ized, uniformed, nor armed. The record clearly shows that they have 2 The Field Examiner reported that the Union submitted 14 application -for-membership cards, 12 of which bore the names of employees listed on the Company 's pay roll of September 15, 1945. There are approximately 16 employees in the appropriate unit. 236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD no supervisory authority within the meaning of the Board's cus- tomary definition of that term. Tn support of its position the Company contends that if the watch- men are permitted to join a labpr organization they will, in all prob- ability, stop working if the other employees go on strike, leaving the Company's plant without adequate protection. We have in other cases3 involving similar contentions held, as we do now, that such speculative considerations afford no justification for denying em- ployees the right to organize and bargain collectively. Accordingly, we find that all watchmen at the Company's plant, excluding all supervisory employees 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 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 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 Brown & Sharpe Manufacturing Company, Providence, Rhode Island, 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 Regu- lations, among the employees in the unit found appropriate in Section B See Matter of The French Oil Mill Machinery Company, 65 N. L. R. B . 164; Matter of The Pullman -Standard Car Manufacturing Company , 63 N. L. R. B. 1451; Matter of Dravq Corporation, 52 N. L. R. B. 322. BROWN & SHARPE MANUFACTURING COMPANY 237 IV, above, who were employed during the pay-roll period imme- diately 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 per- son 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 Association of Machinists, A. F. of L., for the purposes of collective bargaining. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election. Copy with citationCopy as parenthetical citation