The Diamond Match Co.

National Labor Relations Board - Board Decisions

Feb 13, 1947

72 N.L.R.B. 577 (N.L.R.B. 1947)

In the Matter of Tim DIAMOND MATCI-I COMPANY , EMPLOYER and
O1•'iucE EMPLOYEES' INTERNATIONAL UNION , A. F. of L., PETITIONER
Case No. 1-R-3310.Decided February 13, 1947
Mr. Edward W. Lyman, Jr., of Springfield, Mass., for the Employer.
Mr. William F. Malone, of Holyoke, Mass., for the Petitioner.
Mr. Philip Licari, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Spring-
field, Massachusetts, on October 30, 1946, before Robert E. Greene,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed? -
Upon the entire record in the case, the National Labor Relations
Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
The Diamond Match Company, a Delaware corporation, is engaged
in the manufacture of matches in several States of the United States.
The instant proceeding involves only the Employer's Springfield,
Massachusetts, plant. In the past 6 months, for this plant, the Em-
ployer purchased raw materials valued in excess of $200,00, of which
75 percent was obtained from sources outside the State of Massa-
chusetts. During the same period the Employer sold finished prod-
ucts from this plant valued in excess of $200,000, of which 80 percent
was shipped to points outside the State.
I The Employer objected to the Board 's procedure in holding a hearing prior to the elec-
tion to ascertain the composition of the unit, but contended that the right to vote
of any employees in dispute should be determined at the time of the election by challeng-
ing their ballots, and then, if the challenged ballots are sufficient to affect the results of
the election , the Board should hold a hearing thereon to determine the validity of such
challenges . We find no merit to this contention . The Board has the administrative authoi-
ity to hold a hearing at any stage of the investigation to give the pasties an oppoitunity
to be heard on any issues raised thereby See Section 9 (c) of the National Labor Rela-
tions Act , and Inland Empire District Council, Lmnben of Sun mill 11`oi l ei s Un:on % 7hliis,
et al , 325 U S 697
72N L R B , No 111. 577
578 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Employer admits and we find that it is engaged in commerce
within the meaning of the. National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Employer and the Petitioner agree that all office and clerical
employees at the Employer's Springfield, Massachusetts, plant, ex-
cluding executives and supervisory employees, constitute an appro-
priate unit. However, they are in dispute with respect to certain
alleged supervisory employees discussed below.
The Employer, contrary to the Petitioner, seeks the exclusion of
Joseph Gumminski and David Bassing from the unit on the ground
that they are supervisory employees. For the same reason, the Peti-
tioner, despite the Employer's contention otherwise, would exclude
J. C. Lovett and Eileen Crozier from the unit. The record is clear.
however, that despite certain factors which are indicia of supervisory
authority on the part of these employees, none of them exercise such
authority within the meaning of the Board's definition thereof.
Accordingly, we shall include these employees in the appropriate unit.
We find that all office and clerical employees 3 at the Employer's
Springfield, Massachusetts, plant, excluding executives, and all other
supervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
2 J C Lovett acts as office manager in the rare instances when the regular office niaua-
ger is absent because of illness or other reasons . Eileen Crozier has no one regularly under
her supervision ; on infrequent occasions she requires the temporary assistance of one or
t«o employees Although David Bassing is listed in the Employer ' s organization chart
as "head time keeper ," he merely ielays directions and orders from the office, manager to,
the employees who work with him. Joseph Gumminski , a shipping and stock clerk,
merely as a more experienced employee , directs the work of two other employees who work:
with him
3 Including J. C Lovett, Eileen Crozier, Joseph Gumminski and David Bassing.
THE DIAMOND MATCH COMPANY
DIRECTION OF ELECTION
579
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with The Diamond Match Company,
Springfield, Massachusetts, an election by secret ballot shall be con-
ducted 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 Sections 203.55
and 203.56, of National Labor Relations Board Rules and Regula-
tions-Series 4, 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 those employees 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 Office Employees' International Union, A. F. of L.,
for the purposes of collective bargaining.