J. F. Bingham Co.

National Labor Relations Board - Board Decisions

Mar 28, 1942

39 N.L.R.B. 1226 (N.L.R.B. 1942)

In the Matter* of J. F. BINGHAM Co. and AMERICAN FEDERATION OF
LABOR
Case No. R--3612.-Decided March 28,1942•
Jurisdiction : machine parts and factory equipment manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal of Company to accord union recognition until certified by the Board ;
election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, excluding executives, supervisors, and clerical and office employees ;
stipulation as to.
Eaton, Chandler & Sherman, by Mr. Roland H. Sherman, of Law-
rence, Mass. for the Company.
Mr. John, Van Vaerenewyck, of Boston, Mass. for the Union.
Mr. George H. Gentithes, of coi nsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 21, 1942, the American Federation of Labor, herein
called the Union, filed with the Regional Director for the First Region
(Boston, Massachusetts) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
J. F.- Bingham Co., Lawrence, Massachusetts, herein called the Com-
pany, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On February .21, 1942, the
National Labor Relations Board, herein called the Board, acting pur-
suant to Section 9 (c) of the Act, and Article III, Section 3, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
ordered an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due notice.
On February 26, 1942, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
Pursuant to notice, a hearing was held on March 1i, 1942 at Lawrence,
39 N. L. R. B., No. 228.
1226
J. F. BINGHAM CO. 1227
Massachusetts, before Albert J. Hoban, the Trial Examiner duly
designated by the Chief Trial Examiner. The Company and the
Union appeared by representatives 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 all parties.
No motions and no objections to the admission of evidence were made
by either party.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
J. F. Bingham Co. is a Massachusetts corporation with its principal
place of business and plant in Lawrence, Massachusetts. It is engaged
in the' manufacture, sale, and distribution of factory equipment and '
machine parts.
In 1941 the Company purchased approximately $72,670.00 worth
of raw materials about 90 percent of which were shipped to its plant
in Lawrence, Massachusetts, from points outside the Commonwealth
of Massachusetts. During this same year the Company produced
approximately $165,193.00 worth of machine parts and unfinished
parts of containers. Approximately 20 percent of these products
were shipped to customers located outside the Commonwealth of
Massachusetts. The Company admits that it is engaged in commerce
within the meaning of the Act. ,
II. THE ORGANIZATION INVOLVED
The American Federation of Labor is a labor organization admit-
ting to membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
The Company refused to grant recognition to the Union until its
status as representative of a majority of the Company's employees
is determined by the Board. A statement of a Field Examiner intro-
duced in evidence `shows that the Union represents a substantial
number of employees in the unit hereinafter found appropriate.'
We find that a question has arisen concerning the representation of
employees of the Company.
'Thirty-four signed authorization cards were submitted by the Union , 30 of which were
dated January 1942 and four of which were undated. All the signatures appear to be
genuine original signatures . ' These signatures are names appearing on the Company's pay
roll of February 12, 1942, which lists 36 employees within the stipulated appropriate unit.
1228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The parties stipulated and we find that all production and main-
tenance employees of the Company, excluding executives, supervisors,
and clerical and office employees, constitute a unit appropriate for
the purposes of collective bargaining. We further find that such unit
will insure to the employees of the Company the full benefit of their
right to self-organization and to collective bargaining and otherwise
will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen can best be resolved
by the holding of an election by secret ballot. In accordance with
our usual practice we `shall direct that an election by secret ballot
be held among the employees of the Company in the appropriate
unit who were employed during the pay-roll period immediately
preceding the date of this Direction of Election, subject to the limi-
tations and additions set forth in the Direction.
Upon 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 J. F. Bingham Co., Lawrence, Massachu-
setts, 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,
excluding executives, supervisors, and clerical and office employees,
constitute a unit appropriate for the purposes of collective bargain-
ing within the meaning of Section 9 (b) of the National Labor Rela-
tions 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-
J. F. BINGHAM CO. 1229
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 J. F. Bingham Co., Lawrence, 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 Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among all production and maintenance employees of
the Company who were employed during the pay-roll period im-
mediately preceding the date of this Direction, including employees
who did not work during such pay-roll period because they were ill
or on vacation or in the active military service or training of the
United States, or temporarily laid off, but excluding executives,
supervisors, and clerical and office employees, and employees who
have since quit or been discharged for cause, to determine whether or
not they desire to be represented by the American Federation of
Labor, for the purposes of collective bargaining.