The New Haven Clock Co.

National Labor Relations Board - Board DecisionsAug 20, 1941

34 N.L.R.B. 601 (N.L.R.B. 1941)

In the Matter of THE NEW HAVEN CLOCK COMPANY and UNITED CLOCK WORKERS UNION LOCAL 459, UPN & TWIU, C. I. O. Case No. R-2870.-Decided August 20, 1941 Jurisdiction : watch and clock manufacturing industry. Investigation and Certification of Representatives : existence of question : Com- pany refused to accord union recognition until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, but excluding officers, executives, supervisors, foremen, assistant fore- men, bench foremen, timekeepers, office employees, salaried employees, clerical help, industrial engineers, draftsmen, designers, laboratory technicians, plan- ning-department employees, sales employees, watchmen, guards, time-study employees, matrons, and full-time stock clerks. Mr. Philip H. English, Mr. Frederick A. Neuman, and Mr. Albert H. Ham, of New Haven, Conn., for the Company. Mr. Caesar Guazzo, of New Haven, Conn., for the Union. Mr. Daniel J. Harrington, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On August 12, 1941, United Clock Workers Union Local 459, UPN & TWIU, C. I. 0., herein called the Union, filed with the Regional Director for the Second Region (New York City) a petition alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of The New Haven Clock Company, New Haven, Connecticut and Guilford, Connecticut, herein called the Com- pany, and requesting an investigation and certification of representa- tives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On August 12, 1941, 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 Relations 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 12, 1941, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the 34 N. L. R. B., No. 78. 601 602 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Union.' Pursuant to the notice a hearing was held on August 12, 1941, at New York City, before Alan F. Perl, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the Union were represented at and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce.evidence bearing upon the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on the admission of evidence. The Board has reviewed 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 1. THE BUSINESS OF THE COMPANY The New Haven Clock Company, having its main office at New Haven, Connecticut, and having plants located at New Haven and Guilford, Connecticut, is engaged in the manufacture, sale, and dis- tribution of watches, clocks, and related products. During 1940 the Company purchased raw materials in excess of $100,000, consisting of steel , brass, glass , wood, and other materials, approximately 25 per cent of which were shipped 'to its plants from sources outside the State of Connecticut. During the same year the Company manu- factured, sold, and distributed more than $100,000 worth of finished products, approximately 90 per cent of which were shipped to desti- nations outside the State of Connecticut. The Company admits that its business affects commerce within the meaning of the Act. H. THE ORGANIZATION INVOLVED United Clock Workers Union Local 459, UPN & TWIU, C. I. 0., is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership production and maintenance employees of ,the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to bargain collectively with the Union until it has been certified by the Board. A statement of the Regional Director, introduced in evidence at the hearing, shows that the Union represents a substantial number of employees in the unit alleged to be appropriate.2 ' 1 By consent of the parties the hearing was held on the same day that the petition was filed and any notice of hearing other than that actually afforded was walked. 2 The Regional Director's statement shows that the Union submitted 1,184 cards to her dated between May and July 1941 and authorizing the Union to represent the signers THE NEW HAVEN CLOCK COMPANY 603 We find that a question has ,arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I, above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT At the hearing the parties agreed and we find that all production and maintenance employees at the New Haven and Guilford plants of the Company, excluding officers, executives, supervisors, foremen, assistant foremen, bench foremen, timekeepers, office employees, sal- aried employees, clerical help, industrial engineers, draftsmen, de- signers, laboratory technicians, planning-department employees, sales employees, watchmen, guards, time-study engineers, matrons, and full-time stock clerks,, constitute a unit appropriate for the purposes of collective bargaining. We further find that said unit will insure to employees of the Company the full benefit of their right to self- organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning the repre- sentation of employees of the Company can best be resolved by an election by secret ballot. We shall direct that those eligible to vote in the election shall be the employees in the appropriate unit who were employed by the Company during the pay-roll period immedi- ately preceding the date of the Direction of Election herein, subject to such limitations and additions as are set forth in the Direction.- Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of The New Haven Clock Company, New Haven, Connecticut, and Guilford, Connecticut, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. thereof as collective bargaining representative, that the signatures on all the cards ap- peared genuine, and that the names on 966 of the cards appeared on the Company's pay roll of July 7, 1941, containing 1,452 names in the alleged appropriate unit. 604 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. All production and maintenance employees of the Company at its New Haven and Guilford plants, excluding officers, executives, supervisors, foremen, assistant foremen, bench foremen, timekeepers, office employees, salaried employees, clerical help, industrial engi- neers, draftsmen, designers, laboratory technicians, planning-depart- ment employees, sales employees, watchmen, guards, time-study employees, matrons, and full-time stock clerks, constitute a unit ap- propriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act. 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 Dn cTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with The New Haven Clock Company, New Haven, Connecticut, and Guilford, 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 supervision 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, Sec- tion 9, of said Rules and Regulations, among all production and maintenance employees at the New Haven and Guilford, Connecticut, plants of The New Haven Clock Company, who were employed by the Company during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill, or on vacation, or in the active military service or training of the United States, or tempo- rarily laid off, but excluding officers, executives, supervisors, foremen, assistant foremen, bench foremen, timekeepers, office employees, sal- aried employees, clerical help, industrial engineers, draftsmen, de- signers, laboratory technicians, planning-department employees, sales employees, watchmen, guards, time-study employees, matrons, and full-time stock clerks, and those who have since quit or been dis- charged for cause, to determine whether or not they desire to be repre- sented by United Clock Workers Union Local 459, UPN & TWIU, C. 1. 0., for the purposes of collective bargaining. MR. EDWIN S. SMITH took no part in the consideration of the above Decision and Direction of Election.