Cayuga Linen & Cotton Mills, Inc.

National Labor Relations Board - Board Decisions

Feb 9, 1940

20 N.L.R.B. 283 (N.L.R.B. 1940)

In the Matter Of CAYIJOA LINEN & COTTON l^I1LLS, INC. and TEXTILE
INTERNATIONAL JEWELRY WORKERS' UNION
Case No. R-1678.-Decided Februarys 9, 1940
Clock and Tuning Instruments Industry-Investigation of Representatives:
controversy concerning representation of employees : unsuccessful efforts to insti-
tute collective bargaining-Unit Appropriate for Collective Bargaining: all
production and maintenance employees , exclusive of foremen , model makers,
clerical and office employees , departmental clerks, engineering -department em-
ployees, and supervisors; stipulation as to-Election Ordered
Mr. D. R. Dimick, for the Board.
Mr. Thomas E. Kerwin, of New York City, for the Company.
Mr. William Karlin and Mr. Samuel E. Beardsley, of New York
City, for the Union.
Miss Grace McEldo'wney, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 7, 1939, International Jewelry Workers' Union,'
herein called- the Union, filed with the Regional Director for the
Second Region (New York City), a petition, and on December 5,
1939, an amended petition, alleging that a question affecting com-
merce had arisen concerning the representation of employees , of
General Time Instruments Corporation, Thomaston, Connecticut,
herein called the Company, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On December 7, 1939, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act and
Article III, Section 3, of National Labor Relations Board Rules and
Regulations-Series 2, ordered an investigation and authorized the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
' It appears from the record that the International Jewelry Workers' Union was acting
in this matter on behalf of its local union , Amalgamated Clockmakers Union, No. 116.
which was referred to at the hearing as "the immediate petitioner."
20 N. L. R. B., No. 28.
283
284 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pursuant to notices, duly served upon the Company and the Union,
a hearing was held on January 10, 1940, at Waterbury, Connecticut,
before E. G. Smith, the Trial Examiner duly designated by the
Board. The Board, the Company, and the Union were represented
by counsel and participated .in the hearing. Full opportunity. to be
heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues was afforded to all parties. During
the course of the hearing, the Trial Examiner made several rulings
on motions. The Board has reviewed the rulings of the Trial
Examiner and finds that no prejudicial errors were committed. The
rulings are hereby affirmed,
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
General Time Instruments Corporation, a Delaware corporation
having its executive office in New York City, and its plant, known
as the Seth Thomas Clock plant, in Thomaston, Connecticut, is-en-
gaged in the manufacture, sale, and distribution of clocks, timing
instruments, and related products.
The number of employees of the Company varied from 375 in the
spring of 1939 to approximately 550, exclusive of office employees,
at the end of the year. The principal raw materials used in its
manufacturing process are brass, steel, lumber, and glass. During
1939 such materials cost.over $250,000, and approximately 60 per cent
of them came from outside the State of Connecticut. Finished prod-
ucts valued at over $500,000, constituting 95 per cent of the output
of the plant, were shipped out of the State during the same period.
The Company admits that it is engaged in commerce within the
meaning of the Act.
II. THE ORGANIZATION INVOLVED
International Jewelry Workers' Union is a labor organization
affiliated with the American Federation of Labor, having jurisdiction
over employees in various branches of the jewelry industry, including
watch and clock workers and repairers. On May 14, 1939, it issued
a charter to Amalgamated Clockmakers Union, Local 116, Interna-
tional Jewelry Workers' Union,2 which admits to membership em-
ployees of the Company.
2 Also referred to in the record as "international Jewelry Workers ' Union, Local 116."
GENERAL TIME INSTRUMENTS CORPORATION 285
III. THE QUESTION CONCERNING REPRESENTATION
At various times from June 6 to October 27, 1939, the Union re-
quested conferences with the Company to initiate collective bargain-
ing. At the hearing the Company admitted that these efforts to
institute bargaining had been unsuccessful, and both the Company
and the Union expressed their desire for an election conducted under
the auspices of the Board.
We find that a question has arisen concerning representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the. question concerning representation which has
arisen ,, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic , and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
and-the-.free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing it was stipulated by the Company and the Union
that all production and maintenance employees, exclusive of foremen,
model makers,3 clerical and office employees, departmental clerks,
engineering-department employees, and supervisors, who are em-
ployed at the Company's plant at Thomaston, Connecticut, constitute
a unit appropriate for the purposes of collective bargaining. The
January 6 pay roll, exclusive of supervisory employees, engineering.-
department employees, office and clerical workers, was introduced
in evidence. Counsel for the Union and the Company agreed that
after excluding from it four service employees, eight timekeepers,
three-watchmen, four janitors, nine modelers, two errand boys, and
three checkers and weighers, all of whom were regarded as outside the
appropriate unit, the list contained the names of all employees con-
stituting -the unit. We see no reason for departing from the unit
agreed upon.
We find that the production and maintenance employees of the
Company who are employed at its plant at Thomaston, Connecticut,
exclusive `of foremen, model makers, clerical and office employees,
departmental clerks, engineering-department employees, and super-
visors, constitute a unit appropriate for the purposes of collective
bargaining with'the Company, and that such unit will insure to
Also known - as modelers.
286 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees of the Company the full benefit of their right to self-
organization and to collective bargaining and otherwise effectuate
the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
At the hearing the Union asserted that it represented a- majority
of the employees in the appropriate unit, and produced membership
applications of 219 employees. It acquiesced, however, in the request
of the Company for an election. We find that the question concern-
ing representation can best be resolved by means of an election by
secret ballot, and we shall direct the holding of such an election.
The Company and the Union stipulated that the pay roll of Jan-
uary 6, 1940, including everyone in the appropriate unit who worked
during the week beginning January 2, 1940, should be used to deter-
mine eligibility to vote in such election. We see no reason to deviate
from the wishes of the parties in this respect.
On the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of General Time Instruments Corporation,
Thomaston, Connecticut, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company'who
are employed at its plant at Thomaston, Connecticut, exclusive of
foremen, model makers, clerical and office employees, departmental
clerks, engineering-department employees, and supervisors; constitute
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations Act.
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, 49 Stat . 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended , it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with General Time Instruments Corporation , Thomaston , Connecti-
cut, 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 of
Election , under the direction and supervision of the Regional Director
GENERAL TIME INSTRUMENTS CORPORATION 287
for the Second Region, acting in this matter as agent for the National
Labor Relations Board and subject to Article III, Section 9, of said
Rules and Regulations, among all production and maintenance em-
ployees of the Company at its plant, at Thomaston, Connecticut,
whose names appear on the Company pay roll of January 6, 1940,
but excluding foremen, model makers, clerical and office employees,
departmental clerks, engineering-department employees, and super-
visors, and all persons who have since quit or have been discharged
for cause, to determine whether or not they desire to be represented
by International Jewelry Workers' Union, Local 116, A. F. of L., for
the purposes of collective bargaining.