The Bolton Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 2, 1942

42 N.L.R.B. 19 (N.L.R.B. 1942)

In the Mattel of THE BOLTON MANUFACTURING Co and UNITED AUTO-
MOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA, C I 0
Case No R-3983 -Decided July 2, 1942
Jurisdiction : radio apparatus manufacturing industry
Investigation and Certification of Representatives : existence of question Stipu-
lation as to, refusal of Company to recognize any labor oiganization until
certified by the Board, discharged employees on behalf of whom 8 (3) charges
are pending permitted to vote, but their ballots to be impounded, election
necessary
Unit Appiopriate for Collective Bargaining : all hourly paid employees, ex-
cluding office, clerical, technical, and plant protection employees, elevator
• operators, electricians, millwrights, porters, carpenters, drivers, masons, foie-
men, subfoi enien, and all super N isory personnel, stipulation as to
-Stoddard, Persky & Eagan, by Mr. Samuel A Persky, and Mr Har-
old C V. Eagan, of New Haven, Colin, for the Company.
Leader, Watt cfi Carnaner,-by Mr Harold I Cammer, of New York
City, and Mr Edward Me Crone, of New Haven, Conn, for the Union
Mr Frederic B Parkes, 2nd, of counsel to the Board
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Automobile, Aircraft and Agri-
cultural Implement Workers of America, C I 0, herein called the
Union,'- alleging that a question affecting commerce had arisen con-
cerning the representation of employees of The Bolton Manufactur-
ing Co, West Haven, Connecticut, herein called the Company, the
National Labor Relations Board provided for an apps opriate hearing
upon due notice before -Frederick R - Livingston, Trial Examiner
Said hearing was held at New Haven, Connecticut, on June 23, 1942
The Company and the Union appeared, participated, and were
afforded full opportunity to be heard, to examine and cross-examine
' The name of the Union wis erioneously designated as 'United Automobile , Aircraft
and Agricultural Implements of, America ", in the petition and some of the,formal papers,
all of which weie corrected by amendment at the healing
42 N L R B ,' No 5
19
20 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
witnesses, and to introduce evidence bearing on the issues The Trial
Examiner's rulings made at the healing ale flee from prejudicial
el ror and are hereby affirmed
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I TIIE BUSINESS OF THE COMPANY
The Bolton Manufacturing Co is engaged in the manufacture of
radio ignition shielding harnesses at its plants in West Haven, Con-
necticut During the past 6 months, the Company purchased raw
materials, consisting principally of brass, aluminum, and steel, in the
value of approximately $250,000, approximately 50 percent of which
was purchased and shipped to it from points outside the State of
Connecticut During the same period the Company sold finished
products valued at approximately $500,000, approximately 50 percent
of which was shipped to points outside the State of Connecticut The
Company employs approximately 449 employees
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II THE ORGANIZATION INVOLVED
United Automobile, Aircraft and Agricultural Implement Workers
of America is a labor organization affiliated with the Congress of
Industrial-Organizations, admitting to membership employees of the
Company
III THE QUESTION CONCERNING REPRESENTATION
The Company and-the Union stipulated at the hearing that a ques-
tion concerning representation has arisen for the reason that the Com-
pany refuses to bargain with any labor organization until it has been
certified by the Boarid'as the statutory reptesentatrve of a majority of
the Company's employees within an appropriate unit
A statement of the Regional Director introduced into evidence in-
dicates that the Union represents a substantial number of employees
in the unit hereinafter found to be appropriate.2
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 -
2The Union submitted to the Regional Director 314 authorization cards dated as fol-
lows 4 in May 1942, 163 in June 1942 , and 147 undated The Regional Director stated
that 286 of the signatures appear to be genuine and original and that 249 of those sig-
natures ale the names of persons on the Company ' s pay roll of June 13 , 1942 There
are appnoxnmatel3 413 employees in the unit found below to be appropriate
THE BOLTON MANUFACTURING CO. 21
IV THE APPROPRIATE UNIT
We find, in accordance with a stipulation made by the Company
and the Union at the hearing, that all hourly paid employees of the
Company's West Haven plants, excluding office, clerical, technical,
and plant pi otection employees, elevator operatoi s, electricians, mill-
wrights, porters, carpenters, driveis, masons, foremen, subforemen,
and all supervisory personnel, 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 i esolved by an election by secret ballot The Com-
pany requests the use of the pay roll immediately,preceding the date
of the election to determine eligibility to vote The Union, however,
urges the use of the pay roll for the week of June 13, 1942, for that
purpose, because of certain alleged unfair labor practices engaged in
by the Company The Union alleges that shortly after it commenced
its organizational activities at the Company's plant, the Company
discriminatorily discharged 11 employees, in whose behalf the Union
has filed unfair labor practice charges against the Company 3 and that
from June 13 to 17, 1942, the Company's employees were on strike
We find the reasons advanced by the Union in opposition to the
use of a current pay roll for the purpose of determining eligibility
to vote to be unpersuasive, however, we shall permit the 11 dis-
charged employees on whose behalf the Union has filed unfair labor
practice charges to vote, but their ballots will be impounded and not
tabulated unless the results of the election make it necessary to do so.
In the latter event, the question whether such ballots should be
counted will await the outcome of the unfair labor practice pro-
ceeding By allowing these discharged employees to vote under the
above condition, we are in no way passing upon the merits of the
pending charges 4
Accordingly, we shall direct that the persons eligible to vote in
the election shall be those in the appropriate unit who were employed
during the pay-roll period immediately preceding the date of the
Direction of Election herein and the 11 discharged employees, referred
to above, subject to the limitations and additions hereinafter set forth
in the Direction
3 These charges are pending at the present time but have been wiived by the Union as
a basis for the protest of any election which might be ordered by the Board
4 See Matter of National Tea Gompany and Progressive Grocery and Warehouse Workers
Union, Local No 1, 35 N L R B 340 , and cases cited therein -
22 -DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 part of the investigation to deteimine representa-
tives for the purposes of collective bargaining with The Bolton Man-
ufacturing Co., West Haven, Connecticut, 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 super-
vision of the Regional Director for the Second 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 the
employees in the unit found appropriate in Section IV, above, who
were employed by the Company during the pay-roll period immedi-
ately preceding the date of this Direction, including any such em-
ployees who did not work during that pay-roll period because they
were ill or on vacation or in the active military service or training of
the United States, or temporarily laid off, and also including the
11 discharged employees on whose behalf the Union has filed unfair
labor practice charges, but excluding any who have since quit or been
discharged for cause, to determine whether or not they desire to be
represented by United Automobile, Aircraft and Agricultural Imple-
ment Workers of America, C I 0, for the purposes of collective
bargaining.
In the Mattel of THE BOLTON MANUFACTURING CO and UNITED AuTo-
MOBILE , AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA; C. I. O.
Case No. R-3983
CERTIFICATION OF REPRESENTATIVES
July ,02, 19.1
On July 2, 1942, the National Labor Relations Board issued a De-
cision and Direction of Election in the above-entitled proceeding 1
Pursuant to the Direction of Election, an election by secret ballot was
conducted on July 8, 1942, under the direction and supervision of the
Regional Director for the Second Region` (New York City). On July
9 and 11, 1942, respectively, the Regional Director, acting pursuant
to Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, issued and duly served upon the
parties her Election Report and Amendment to Election Report No
objections to the conduct of the ballot or to the Election Report were
filed by any of the parties
As to the balloting and the iesults thereof, the Regional Director
reported as follows
Total on eligibility list-------------------------------------- 380
Total ballots cast------------------------------------------- 279
Total ballots challenged------------------------------------- 26
Total blank ballots----------------------------------------- 0
Total void ballots------------------------------------------- 1
Total-valid votes counted-----------------------------------
Votes cast for United Automobile, Aircraft and Agricultural
252
Implement Workers of America, CIO---------------------- 238
Votes cast against aforementioned union---------------------- 14
Since the number of challenged ballots cannot affect the results of
the election, the Regional Director made no ruling on them. We find
it unnecessary to make any determination with respect to the chal-
lenged ballots
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, 49- Stat 449, and pursuant to Article III, Sections 8 and 9, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended e
'42 N L R B 19
42NLRB,No5a
23
24 THE BOLTON MANUFACTURING CO
IT IS HEREBY CERTIFIED that United Automobile, Anciaft and Agri-
cultural Implement Workers of America, affiliated with the Congress
of Industrial Organizations, has been designated and selected-by 'a
majority of the hourly paid employees, excluding office, clerical, tech-
nical, and plant protection employees, elevator operators, electricians,
millwrights, porters, caipenteis, drivers, masons, foremen, subforemen,
and all supervisory personnel, employed in the West Haven plants of
The Bolton Manufacturing Co, West Haven, Connecticut, as their
repi esentative for the purposes of collective bai gaining, and that, pur-
suant to Section 9 (a) of the National Labor Relations Act, United
Automobile, Airci aft and Agricultural Implement Workers of
-America, affiliated with the Congress of Industrial Organizations, is
the exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of employ-
ment, and other conditions of employment
4