E. B. Badger & Sons Co.

National Labor Relations Board - Board DecisionsFeb 26, 1947

72 N.L.R.B. 931 (N.L.R.B. 1947)

In the Matter of E. B. BADGERS-- SONS COMPANY, EMPLOYER and INDE- PENDENT UNION OF METAL TRADES EMPLOYEES, PETITIONER In the Matter of E. B. B ADGER & SONS CO., PETITIONER and UNITED STEELWORKERS OF AMERICA, LOCAL 2831, CIO and INDEPENDENT UNION OF METAL TRADES EMPLOYEES Cases Nos. 1-R-3235 and 1-R-41, respectively.-Decided February 26, 1947 Messrs. Robert H. Montgomery and Lawrence Doherty, of Boston, Mass., for the Employer. Mr. Thomas H. Bresnahan, of Boston, Mass., for the Independent Union. Grant and Ango ff, by Mr. Frederick Cohen, of Boston, Mass., for the Steelworkers. Mr. Bernard L. Balicer, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon petitions duly filed, a consolidated hearing in this case was held at Boston, Massachusetts, on January 27, 1947, before Thomas H. Ramsey, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.' Upon the entire record in theacase, the National Labor Relations Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF TILE EMPLOYER The Employer, a Massachusetts corporation with its principal offices in Boston, Massachusetts, is engaged in the manufacture of chemical equipment and in the sale of engineering and construction service. The Employer's sole manufacturing plant is located at Cambridge , Massa- ' At the heanmg , the Steelworkers objected to any action taken in the instant representa- tion proceeding pending disposition by the Board of unfair labor practice charges (Cases Nos 1-C-2856 and 1-C-2939). Inasmuch as the Board, on January 24, 1947, sustained the Regional Director 's refusal to issue a complaint in the afore-mentioned cases, there is no need to delay the instant proceeding. 72 N. L. R. B., No. 158 931 s 932 DECISIONS OF NATIONAL LABOR RELATIONS BOARD chusetts. During the past 12 months the Employer's sales of goods and services were in excess of $500,009, more than 50 percent of which was purchased by and shipped to customers located outside the Com- monwealth of Massachusetts. During the same period the Employer purchased raw materials exceeding $100,000, more than 50 percent of which was purchased outside the Commonwealth of Massachusetts and shipped to its plant in Cambridge, Massachusetts. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. 11. THE ORGANIZATIONS INVOLVED The Independent Union of Metal Trades Employees is a labor organization claiming to represent employees of the Employer. The United Steelworkers of. America, Local 2831, herein called the Steelworkers, is a labor organization affiliated with Congress of In- dustrial Organizations, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. At the hearing, the Steelworkers questioned the propriety of pro- ceeding to a deterlninatton of representatives herein, maintaining that it is, and has been, the majority representative of the Employer's pro- duction and maintenance employees since its certification pursuant to a consent election in 1942 Although the certification of a bargaining representative must be effective for a reasonable period of time, which in the absence of unusual circumstances the Board customarily deems to be 1 year,' here the certification is approximately 4 years old. We find, therefore, that the 1942 certification does not preclude it present determination of representatives.", We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning o'^ Section 9 (c) and Section 2 (6) and (7) of the Act. 11'. TIIE APPROPRIATE UNIT i We find, in accord with the agreement of the parties, that all pro- duction and maintenance employees of the Employer employed at its 2 Dlatter of 1' Lorillord Company, 66 N I. It I: 6L5 The Employei and the Steelwork'",; enteied unto an exclusive bargaining cnatiact effective October 12, 19-19. vvhich in the absence of 301 davs' notice to terminate iNa^ to remain in effect from year to year thereafter On February 28, 1946, the Einplovei advised the Steelworkers of its desne to terminate the foregoing contract on April 1, 1946 Neither the Employer nor the Steelworkers contends that the contract bars the instant pioceedmg E. B. BADGER & SONS COMPANY 933 Cambridge, Massachusetts, plant, including stockroom, shipping and receiving employees and janitors, but excluding administrative, office, and clerical employees, laboratory technicians, chemists, engineers, and other 'prof essi onal employees, timekeepers, inspectors, factory clerks, guards, watchmen, and all supervisory employees with author- ity 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 4 DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with E. B. Badger & Sons Company at its Cambridge, Massachusetts, plant, 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 Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4, 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 inclhd- ing 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 they desire to be represented by Independent Union of Metal Trades Employees, or by United Steelworkers of America, Local 2831, for the purposes of collective bargaining, or by neither. There aie approximately 200 eniplovees in the appropriate unit 6 Ant pin heipant in the elections herein may upon its prompt request to and approval thereof by the Regional Director , have its name removed from the ballot.