Jamestown Metal Equipment Co., Inc.

National Labor Relations Board - Board Decisions

Jun 22, 1940

24 N.L.R.B. 916 (N.L.R.B. 1940)

In the Matter Of JAMESTOWN METAL EQUIPMENT Co., INC. AND ITS
SUBSIDIARY, BLACKSTONE MANUFACTURING CO., IN c. and INTERNA-
TIONAL ASSOCIATION OF MACHINISTS, LODGE 1240, AFFILIATED WITH
THE A. F. OF L.
Case No. C-1082
ORDER DENYING MOTION TO VACATE AND SET ASIDE
DECISION AND ORDER AND TO DIRECT FURTHER
HEARING
June 22, 1940
On November 17, 1939, the Board issued a Decision and -Order in
the above-entitled , case.' On May 16, 1940, International Associa-
tion of Machinists, Lodge 1240, at times herein called the Union,'
lodged with the Board its Motion to Vacate and Set Aside Decision
and Order and to Direct Further Hearing, together with proof of
service upon the parties, and thereafter, a document entitled "State-
ment of Facts," dated May 28, 1940. In its motion the Union requests
that the above-mentioned Decision and Order be set aside and a fur-
ther hearing be held for the purpose of adducing certain evidence
upon the basis of which it requests the Board to find that the James-
town Metal Equipment Co., Ihc., herein called the Jamestown Com-
pany, is the successor to, or alter ego of, Blackstone Manufacturing
Co., Inc., the respondent herein, or the new employer of the persons
formerly employed by the respondent and involved in the above-
entitled case; that all these persons are engaged in the nianufacti.u•e
of `Blackstone Products"; and that, except for supervisory and
clerical employees, they constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
Act; and upon those findings to order the Jamestown Company to bar-
gain collectively with the ' Unions as the exclusive representative of
employees in this unit. In support of its motion the, Union repre-
sents, inter alia, that on or about April 1, 1940, after the issuance of
the afore-mentioned Decision and Order, the respondent liquidated its
assets and discontinued its business; that thereafter, the Jamestown
Company was engaged in the business and operations formerly con-
ducted by the respondent; that the persons formerly employed by the
respondent are now employees of the Jamestown Company ; that ap-
' 17 N. L. R. B. 813.
24 N. L. R. B., No. 96.
916
JAMESTOWN METAL EQUIPMENT CO., INC. 917
proximately 35 of said employees work in the former Blackstone
plant, and approximately 60 work in the Jamestown plant where the
other employees of the Jamestown Company are at work; and that all
of said employees are "specialized employees performing precision
work and operate [sic] specialized machines'." whose work is re-
stricted to the production of so-called "Blackstone Products" previ-
ously produced by the respondent and now produced by the James-
town Company.
We have considered said motion and the facts in support thereof.
We are of the opinion that these facts, if true, constitute no ground
for granting the motion.
IT IS HEREBY ORDERED that the Motion to Vacate and Set Aside
Decision and Order and to Direct Further Hearing and the said
Statement of Facts be, and the same hereby are, filed instanter as
part of the record herein; and
IT IS FURTHER ORDERED that the said motion of International Asso-
ciation of Machinists, Lodge 1240, be, and the same hereby is, denied.'
MR. EDWIN S. SairTH took no part in the consideration of the
above Order Denying Motion to Vacate and Set Aside Decision and
Order and to Direct Further Hearing.
283035-42-vol. 24-59