Remington Rand, Inc.,

National Labor Relations Board - Board DecisionsSep 25, 1940

27 N.L.R.B. 488 (N.L.R.B. 1940)

In. the Matter of REMINGTON RAND, INC., and INTERNATIONAL Asso- CIATION OF MACHINISTS, DISTRICT No. 15, LOCAL LODGE No. 402, A. F. of L. Case No. R-2051.-Decided September 25, 1940 Practice and Procedure : petition for investigation and certification of repre- sentatives dismissed without prejudice for lack of evidence to sustain the jurisdiction of the, Board. Franchot & Schachtel, by Mr. Irving I. Schachtel, of New York City, for the Company. Mr. James Edgar, of New York City, for the Union. Mr. Louis Cokin , of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On April 1 and August 27, 1940, respectively, International Asso- ciation of Machinists, District No. 15, Local Lodge No. 402, herein called the Union, filed with the Regional Director for the Second Region (New York City) a petition and amended petition alleging that a question affecting commerce had arisen concerning the rep- resentation of employees of the New York City Tabulating Service Division of Remington Rand, Inc., herein called the Company, and requesting an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On August 12, 1940, 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 Re- lations 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 August 28, 1940, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the Union, and Local 1237, United Electrical, Radio & Machine Workers of, 27 N. L. R. B., No. 100. 488 REMINGTON RAND, INC. 489 America. Pursuant to notice, a hearing was held on September 11, 1940, at New York City, before Mark 'Lauter, the Trial Examiner duly' designated by the Board. The Company was represented by counsel, the Union by its business representative; all 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. At the close of the hearing, the Trial Examiner granted several motions filed by the union to amend its petition with respect to formal matters. During the course of the hearing the Trial Examiner made several rulings on other motions and on objections to the admission of evidence. The Board has reviewed all 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 Remington Rand, Inc., is a Delaware Corporation with its prin- cipal. offices in Buffalo and New York, New York. The Company maintains a plant at Ilion, New York, where it is engaged in the business of manufacturing tabulating machines. During the first 6 months of 1940, the Company purchased raw materials for its Ilion plant from points outside the State of New York valued in excess of $90,000, this figure 'representing 80 per cent of its total purchases of raw materials for the Ilion plant. During this same period, the Company shipped furnished products from its Ilion plant to points outside the State of New' York valued in excess of $500,000, this figure representing 84 per cent of its total- production at the Ilion plant. The Company admits that it is engaged in interstate commerce. The Company maintains a department in New York City called the Tabulating Machine Service Division, which is the only depart- ment of the Company herein involved. The employees of this Di- vision are engaged solely in the servicing of tabulating machines manufactured by the Company at its Ilion plant and leased by it to various lessees solely in the State of New York. There are ap- proximately 30 employees in the New York City Tabulating Machine Service Division. The facts are not sufficiently developed in the record to afford a basis for finding that the operations of the Company's Tabulating Machine Service Division in New York City affect interstate com- merce, within the meaning of the Act. We shall therefore dismiss the petition. The dismissal of the petition, being for lack of evi- dence to sustain the jurisdiction of the Board, will be without prejudice. 490 DECISIONS OF NATIONAL LABOR , RELATIONS BOARD ,ORDER' Upon the basis of the foregoing findings of fact, the National La- bor Relations Board hereby orders that the petition for investigation and certification filed by International Association of Machinists, District No. 15, Local Lodge No. 402, be, and it hereby is, dismissed without prejudice.