Morse Twist Drill and Machine Co.

National Labor Relations Board - Board Decisions

Nov 18, 1941

36 N.L.R.B. 1096 (N.L.R.B. 1941)

In the Matter Of MORSE TWIST DRILL AND MACHINE COMPANY and
UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA
(C. I. 0.)
Case No. R-3234.-Decided November 18, 19441
Jurisdiction : drill, too], and mechanical products manufacturing industry
Investigation and Certification of Representatives : existence of question • re-
fusal to accord recognition until certification by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, and those directly associated with production and maintenance, with
certain enumerated inclusions and exclusions
Mr. William S. Gordon, for the Board.
Mr. Ernest L. Anderson , of Worcester , Mass., for the Company.
Mr. Samuel E . Ango f, of Boston , Mass., for the Union.
Miss Melvern R. Krelow , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 20, 1941, United Electrical, Radio & Machine Work-
Oers of America (C. I. 0.), herein called the Union, filed with the Re-
gional Director for the First Region (Boston, Massachusetts), a peti-
tion alleging that a question affecting commerce had arisen concerning
the representation of employees of Morse Twist Drill and Machine
Company, New Bedford, Massachusetts, 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 October 23, 1941, 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, as amended, ordered an inves-
tigation and authorized the Regional Director to conduct it and to pro-
vide for an appropriate hearing upon due notice.
On October 24, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the Union,
and International Association of Machinists. Pursuant to notice, a
36 N. L. R B, No. 222.
1096
MORSE TWIST DRILL AND MACHINE COMPANY 1097
hearing was held on October 30, 1941, before Charles E. Persons, the
Trial Examiner duly designated by the Chief Trial Examiner. The
Company, the Union, and the Board were represented by counsel and
participated in the hearing. The International Association of Ma-
chinists did not appear at 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. During the course of
the hearing, the Trial Examiner made several rulings on motions and
on objections to the admission of evidence. 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
I. THE BUSINESS OF THE COMPANY
The Company is a Massachusetts corporation with its principal
office and place of business in New Bedford, Massachusetts, where
it is engaged in the manufacture, sale, and distribution of drills,
tools, and other kindred mechanical products. During the first 6
months of 1941, the Company purchased raw materials valued in
excess of $500,000, practically all of which was received by it from
points outside the Commonwealth of Massachusetts. During the
same period, the Company manufactured products valued in excess
of $1,000,000, between 80 and 90 percent of which was shipped by it to
points outside the Commonwealth of Massachusetts.
The Company admits that it is engaged in commerce within the
meaning of the Act.
II. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America (C. I. 0.)
is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about September 12, 1941, the Union advised the Company
that it represented a majority of its employees and requested the
Company to recognize it as the exclusive representative of its em-
ployees. The Company denied this request until the Union is certi-
fied by the Board as the authorized collective bargaining agency.
A report prepared by the Regional Director introduced in evidence
at the hearing shows that the Union represents a substantial number
1098 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of employees of the Company in the unit hereinafter found to be
appropriate.'
We find that a question has arisen concerning the 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 ancli obstructing
commerce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union contends that all production and maintenance employees
and those directly associated with production and maintenance, such
as packing, shipping, and stock employees,2 excluding foremen and
office 'employees,3 constitute an appropriate unit. The Company
takes no position concerning the unit.
Upon the entire record we find that all production and maintenance
employees of the Company and those directly associated with pro-
duction and maintenance, including the classifications set out in
Appendix A annexed hereto, but excluding the classifications set out
in Appendix B annexed hereto, constitute a unit appropriate for the
purposes of collective bargaining and that'such unit will insure to
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 concerning representation which has
arisen can best be resolved by an election by secret ballot. We shall
1 The Regional Director reported that the Union presented 499 application cards-5
dated between February and September 1940, 392 dated between February and September
1941, 51 undated, and 51 with incomplete dates . He further reported that the Union
also presented 94 authorization cards-1 dated in September 1940, 82 dated between
April and October 1941, 8 undated , and 3 with incomplete dates . Of the 599 applications
for membership and authorization cards, 540 bear the apparently genuine signatures of
persons whose names appear on the current pay roll submitted by the Company. There
are approximately 1 428 employees in the alleged unit.
2 The Union specifically listed in the record at the hearing certain classifications of
employees which it desired to include within the unit. These are listed in Appendix A
hereinafter.
3 The Union specifically listed in the record at the hearing certain classifications of
employees which it desired to exclude from the unit . These are listed in Appendix B
hereinafter.
MORSE TWIST DRILL AND MACHINE COMPANY 1099
direct that those eligible to vote in the election shall be those em-
ployees within the appropriate unit who were employed by the
Company during the pay-roll period immediately preceding the date
of our Direction of Election herein, subject to the limitations and
additions set forth in, said 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 Morse Twist Drill and Machine Company.
New Bedford, Massachusetts, within the meaning of Section 9 (c)
and Section 2 (6) and (7) of the Act.
2. All production and maintenance employees of Morse Twist Drill
and Machine Company, New Bedford, Massachusetts, and those
directly associated with production and maintenance, including the
classifications set out in Appendix A annexed hereto, but excluding
the classifications set out in Appendix B annexed hereto, constitute
a 'unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the 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, 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 a part of the investigation authorized by the
Board to ascertain representatives for the purposes of collective
bargaining with Morse Twist Drill and Machine Company, New
Bedford, Massachusetts, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) clays 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 Relations Board, and subject to Article III.
Section 9, of said Rules and Regulations, among all production and
maintenance employees of Morse Twist Drill and Machine Company,
New Bedford, Massachusetts, and those directly associated with pro-
duction and maintenance, including the classifications set out in Appen-
dix A annexed hereto, who were employed-during the pay-roll period
immediately preceding the date of this Direction of Election, and
including employees who did not work because they were ill or on
vacation or in the active military service or training of the United
1100 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
States, or temporarily laid off, but excluding the classifications set
out in Appendix B annexed hereto, and those employees who have
since quit or been discharged for cause, to determine whether or not
they desire to be represented for the purposes of collective bargaining
by United Electrical, Radio & Machine Workers of America
(C. I. 0.).
APPENDIX A
Packing, shipping, and
stockroom force
Inspectors
Adjusters
Machine Operators
Laborers
Heat Treaters
Straighteners
Cleaners
Machinists
Maintenance
Welders
Firemen
Electricians
Bench Burrers
Millwright
Forgers
Carpenters
Scrapers
Helpers
Elevator Operators
Painters
Hammermen
Blacksmith
Electric Truck Operator
Trucker
Bit pointers
APPENDIX B
Foremen
Assistant Foremen
Factory and Office Clerks
Chemical Laboratory Em-
ployees
Students
Office Janitor
Matron
Plant Engineer
Night Supervisor
Assistant to Works Man-
ager
Watchmen
Draftsmen
Messengers
Chief Engineer
Nurse