Jaeger Watch Co., Inc.

National Labor Relations Board - Board Decisions

Nov 16, 1942

45 N.L.R.B. 616 (N.L.R.B. 1942)

RIn the Matter of JAEGER WATCH COMPANY, INC. and INTERNATIONAL
JEWELRY WORKERS UNION, A. F. OF L.
Case No. R-4418.=Decided November 16, 191,.2
Jurisdiction : clock and aircraft instrument manufacturing industry.
'Investigation and Certification of Representatives : existence of question: re-
fusal to recognize union as bargaining agent until certified by Board; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, including tool makers, technicians, and factory clerical help, but
excluding executives, supervisors, foremen, office employees, guards, sub
foremen, factory clerical help on the office pay roll, and chief inspectors.
Mr., Thomas A. McGrath, of New York City, for the Company.
Mr. Nathaniel H. Janes and Mr. Erwin Spiegel, of New York City,
for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition' duly filed by International
Jewelry Workers Union, A. F. of L., herein called the Union, alleging
that a question affecting commerce had arisen concerning the
representation of employees of Jaeger Watch Company, Inc., New
York City, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
John J. Cuneo, Trial Examiner. Said hearing was held at New York
City, on October 16, 1942. The Company and the Union appeared,
participated, and were affored 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.
45 N. L. R. B., No. 92.
616
JAEGER WATCH COMPANY, INC. 617
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Jaeger Watch Company, Inc., is a New York corporation with its
principal place of business at New York City, where it is engaged in
the manufacture of automobile clocks and aircraft instruments. Dur-
ing the 6-month period preceding October 16, 1942, the Company
purchased raw material valued in excess of $10,000; 90 percent of which
was shipped to it from outside the State of New York. During the
same period the Company manufactured finished products valued
in excess of $10,000, 99 percent of which was shipped outside the
State of _New York. The Company admits that it is engaged in
commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Jewelry Workers Union is a labor organization affili -
ated with the American Federation of Labor, admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive repre-
sentative of the Company's employees until such time as the Union
is certified by the Board.
A Statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of the employees in the unit hereinafter found to be appropriate.,,
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
The Union contends that all production and maintenance employees,
of the Company, including subforemen, but excluding executives, su-
pervisors, foremen, office employee's, and guards, constitute an appro-
priate unit. The only controversy with respect to the unit concerns
subforemen , .factory clerical help; technicians, tool makers, and chief
I The Regional Director reported that the Union presented 193 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany's ' pay roll of September 1, 1942. There are approximately 258 employees in the
appropriate unit.
618 DECISIONS OF -NATIONAL LABOR RELATIONS BOARD
'inspectors . The Union would include all such employees in the unit,
and the Company would exclude them.
Sub foremen : Although such ' employees spend a great deal of their
time performing manual duties, many have the authority to recom-
mend the hire and discharge of employees, and some have the absolute
authority to hire and discharge. We shall exclude the subforemen
from the unit.
Factory clerical help. Many of the departments throughout the
Company's plant have persons working in them designated as clerical
employees . Such employees are subject to the orders of the foremen
in the respective departments , and they handle materials on occasion.
We shall include such employees in the unit . However, there are sev-
eral clerical employees working throughout the plant who are on the
office pay roll and subject to the supervision of the office supervisor.
The plant foremen have no authority over such employees. We shall
exclude this type of employee from the unit:
Technicians and tool makers. The Company contends that such em-
ployees should be excluded from the unit on the ground that they are
highly skilled and have to serve several years' apprenticeship. Such
employees are eligible to membership in the Union , and no other labor
organization is claiming to represent them-. Under the circumstances,
we shall include tool makers and technicians in the unit.
Chief inspectors . The Company employs 25 persons` classified by it
as chief inspectors , 18 of whom are also classified as subforemen. The
chief inspectors inspect finished products and, if,work is repeatedly
faulty, have the authority to request the discharge of the employees at
fault. We shall exclude the chief inspectors from the unit.
We find that all production and maintenance employees of the
Company, including tool makers , technicians, and factory clerical
help, but excluding executives, supervisors, foremen, office employees,
guards, subforemen, factory clerical help on the office pay roll, and
chief inspectors, 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.
JAEGER WATCH COMPANY, INC. 619
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 Relations
Act, and,pursuant to Article III, Section 9, of National Labor Rela-,
Lions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-,
tives for the purposes of collective bargaining with' Jaeger Watch
Company, Inc., New York City, 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 II, Section 10, of said Rules and Regulations, among the em-
ployees 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 any such employees who did not work
during said pay-roll period because they were ill or on vacation or in
the active military service or training of the United States, or tem-_
porarily laid off, but excluding any' who have since quit or been dis-
charged for cause, to determine whether or not they desire to be
represented by International Jewelry Workers Union, affiliated. with
the American Federation of Labor, for the purposes of collective
bargaining: