Service Die Corp.

National Labor Relations Board - Board Decisions

Dec 17, 1942

46 N.L.R.B. 83 (N.L.R.B. 1942)

In the Matter Of SERVICE DIE CORPORATION and UNITED STEELWORKERS
OF AMERICA (C. I. 0.)
Case No. R-4587.-Decided December 17, 1942
Jurisdiction : rifle parts manufacturing industry
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition ; employees temporarily laid off held eligible to,
vote ; election necessary.
Unit Appropriate for Collective Bargaining : all production and. maintenance
employees, excluding administrative, supervisory, office, and clerical employees;
stipulation as to. -
Mr. Joseph F. Doyle, of Lynn, Mass., for the Company.
Grant & Ango ff, by Mr. Frederick F. Cohen, of Boston, Mass., for
the Union.
Mr. Seymour J. Spelman, of counsel to the Board.
DECISION
C
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America (C. I.
0.), herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of
Service,Die Corporation, Lynn, Massachusetts, herein called the Com-
pany; the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Samuel G. Zack, Trial
Examiner. Said hearing was held in Lynn, Massachusetts, on
November 27, 1942. The Company and the Union appeared, partici-
pated, and were afforded 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.
On December 2, 1942, the Company filed a brief which the Board
has considered.
Upon the entire record in the case, the Board makes the following:
46 N. L. R. B., No. 10.
83
i
84 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Service Die Corporation, a Massachusetts corporation, was, until
April 1941, engaged in the manufacture of shoe dies at its plant in
Lynn, Massachusetts.. A substantial portion of these dies was shipped
to various New England States. In April 1941, the Company con-
verted its plant to the production of rifle parts under a subcontract
with a Massachusetts rifle manufacturer. Under this arrangement,
the Company receives materials from the rifle company, processes them
at its Lynn plant, and returns the processed materials to said rifle
company which, after assembling the parts, ships the completed rifles
to England. We find, contrary to its contention, that the Company is
engaged in commerce within the meaning of the National Labor
Relations Act '
H. THE ORGANIZATION'INVOLVED
United Steelworkers of America is a labor organization affiliated,
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
After a period of organizational efforts among-the Company's pro:
duction and maintenance employees, the Union, by registered letter
on October 29, 1942, informed the Company that it represented a ma-
jority of said employees. Receiving no reply, a representative of the
Union unsuccessfully attempted to contact the Company's president
by telephone. On November 10, after the present petition had been
filed, the Company, at a conference of the parties with a Board agent,
took the position that it was outside the jurisdiction of the Board.
A statement of the Regional Director, introduced in evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found 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, National Labor
Relations Act.
1 The Regional Director stated that the Union submitted 132 applications for member-
ship , 131 bearing dates in October and November 1942, and 128 bearing apparently
genuine, original signatures . Of these 128 signatures , 117 are the names of employees
whose names appear on the Company 's, pay roll for the week of November 3, 1942,
which pay roll contained 141 employees in the unit hereinafter found appropriate.
SERVICE DIE CORPORATION
IV. THE APPROPRIATE UNIT
,85
We find , in accordance with a stipulation of the parties , that all
production and maintenance employees of the Company, excluding ad-
ministrative , supervisory, office, and clerical employees, 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 find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. The Union
suggests that ' eligibility to vote should be determined by reference
to the pay roll of November 3, 1942, on the ground that since that date
a number of employees have been temporarily laid off. In the Direc-
tion of Election herein , employees temporarily laid off are specifically
included among those employees eligible to vote. The evidence in
the instant case shows , and we find , that the lay-offs in question are
temporary . We therefore find it unnecessary to depart from our
normal practice , and accordingly we shall direct that the question
concerning representation which has arisen be resolved by an election
by secret ballot among the employees 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.
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 Re-
lations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIREOMED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Service Die Cor-
poration , Lynn, 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 Relations Board, and subject to
Article III, Section 10, of said Rules and Regulations , among the
employees 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
$6 . DECISIONS OF NATIONAL LABOR RELATIONS BOARD
work during said pay-roll period because they were ill or on vacation
or temporarily laid off, and including employees in the armed 'forces
of the United States who present themselves in person at the polls,
but excluding any who have since quit or been discharged for cause,
to determine whether or not they. desire to be represented by United
Steelworkers of America (C. I. 0.), for the purposes of collective
bargaining.