The Crescent Co., Inc.

National Labor Relations Board - Board Decisions

Dec 11, 1945

64 N.L.R.B. 1334 (N.L.R.B. 1945)

In the Matter of THE CRESCENT COMPANY, INC. and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, A. F. OF L.
Case No. 1-R-2611.Decided December 11, 1945
Mr. Samson Nathanson, of Providence , R. I., for the Company.
Mr. Arthur Houle, of Providence , R. I., for the Union.
Mr. Donald B. Brady, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Brotherhood of Electrical
Workers, A. F. of L., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of The Crescent Company, Inc., Pawtucket, Rhode Island,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Samuel G.
Zack, Trial Examiner. The hearing was held at Providence, Rhode
Island, on October 2, 1945. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to exam-
ine 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. All parties were
afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Crescent Company, Inc., is a Rhode Island corporation, with
its sole office and plant located at Pawtucket, Rhode Island, where it
is engaged in the manufacture of automotive wire, cables, and related
products. The principal raw materials used are copper, synthetic
rubber, lacquer and cotton yarn, of which 100 percent is purchased
from sources outside the State of Rhode Island at a value in excess
64 N. L. R. B., No. 220.
1334
THE CRESCENT COMPANY, INC. 1335
of $75,000 per annum. Approximately 95 percent of its finished prod-
ucts is shipped to points outside the State of Rhode Island at a value
in excess of $90,000 per annum.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
IT. THE ORGANIZATION INVOLVED
International Brotherhood of Electrical Workers is a labor organ-
ization affiliated with the American Federation of Labor, admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as
the exclusive bargaining representative of its employees until certified
by the Board in an appropriate unit. '
A statement of a Board agent, introduced into evidence at the hear-
ing, 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 Act.
IV. THE APPROPRIATE UNIT
We find, substantially in accordance with the stipulation of the
parties, that all production and maintenance employees of the Com-
pany, including shipping and receiving department employees, but
excluding executives, office and clerical employees, foremen and fore-
ladies, working foremen and foreladies, engineers and chemist, and all
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, 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 shall direct that the question concerning representation which
has arisen be resolved by means of 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
I The Field Examiner reported that the Union submitted 104 applications for member-
ship, 24 dated July 1945, 20 dated August 1945 , and 60 undated ; and that 90 of these
applications checked with the Company 's pay roll of August 11, 1945, containing 163
names within the Unit claimed appropriate by the Union.
1336 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Election herein, subject to the limitations and additions set forth in
the Direction.
The Company employs about eight persons on a part-time basis
who report for work regularly each day with the Company and work
about 3 or 4 hours daily. They are accorded the same treatment as
regular employees, work under the same conditions and receive the
same rate of pay, and are subject to the same supervision. In view
of the regularity of the employment of these persons and the number
of hours they work each week, we conclude that they have a sufficient
interest in the selection of a bargaining representative to entitle them
to vote in the election.'
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 Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Crescent
Company, Inc., Pawtucket, Rhode Island, an election by secret ballot
shall be conducted as early as possible, but not later than sixty (60)
days from the date of this Direction, under the direction and super-
vision 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, Sections 10 and 11, 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 employees who did not 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 and
have not been rehired or reinstated prior to the date of the election, to
determine whether or not they desire to be represented by Inter-
national Brotherhood of Electrical Workers, A. F. of L., for the
purposes of collective bargaining.
MR. JOHN M. Housrox took no part in the consideration of the
above Decision and Direction of Election.
2 Matter of Firestone Rubber & Latex Products Company, 62 N. L. R. B. 445.