The Vega Co.

National Labor Relations Board - Board Decisions

Aug 8, 1946

69 N.L.R.B. 1316 (N.L.R.B. 1946)

In the Matter of THE VEGA COMPANY, EMPLOYER and UNITED ELEC-
TRICAL, RADIO AND MACHINE WORKERS OF AMERICA (CIO),
PETITIONER
Case No. 1-R-3078.-Decided August 8, 1946
Murray and Von Rosenvinge , by Messrs . Theodore Von Rosenvinge
and Vincent L. Hennessy , of Boston , Mass., for the Employer.
Messrs. Boris H. Block and James D. Marino, of Boston, Mass., and
Mr. David Scribner , of New York City , for the Petitioner.
Mr. Herbert J. Nester, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Boston,
Massachusetts, on June 14, 1946, before Julius Kirle, Trial Exam-
iner. The Trial Examiner'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 Vega Company, a Massachusetts corporation having its office
and place of business at Boston, Massachusetts, is engaged in the
manufacture and repair of musical instruments. During the 6-month
period immediately preceding April 1, 1946, raw materials purchased
by the Employer were valued at in excess of ,$27,000, approximately
75 percent of which originated from points outside the Commonwealth
of Massachusetts. During the same period, the Employer's gross sales
were in excess of $50,000, of which $41,000 constituted manufactured
goods.and $9,000 represented repair sales. Ninety percent of all mer-
chandise sold was shipped to points outside the Commonwealth of
Massachusetts.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
69 N. L. R. B., No. 165.
1316
THE VEGA COMPANY
II. THE ORGANIZATION INVOLVED
1317
The Petitioner is a labor organization affiliated with the Congress of
Industrial Organizations, 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 Petitioner urges as appropriate a unit consisting of all produc-
tion and maintenance employees, including shipping room employees,
the electronic department supervisor, and the brass repair department
supervisor, but excluding executives, office and clerical employees, the
assembly department supervisor, the spraying department supervisor,
and the woodworking department supervisor, and all other super-
visory employees with authority to hire and discharge.' The Em-
ployer does not contest the general composition of the proposed unit,
but protests the inclusion of the electronics department supervisor and
the brass repair department supervisor.
Electronics Department Supervisor
This department is newly established in the Employer's plant and
is still in the experimental stage. The supervisor is an expert in the
field of electronics and radar, and devotes his technical skill to equip-
ping musical instruments with electronic devices to permit amplifi-
cation of volume. Although he spends most of his time in production
activities, he is solely responsible for all departmental operations. He
has two employees under his supervision regarding whom he has
authority to make effective recommendations as to changes in their
status of employment. We are of the opinion that his duties bring this
department supervisor within the scope of the Board's definition of
supervisory employees, and therefore we shall exclude him from the
unit.
Brass Repair Department Supervisor
There are six employees in this department, exclusive of the super-
visor. Their activities are devoted exclusively to specialty work and
repair jobs on brass musical instruments. In addition to his responsi-
' There are approximately 33 employees in the proposed unit.
1318 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
bility for departmental production, this supervisor estimates repair
costs, requisitions material, and inspects completed work. He exer-
cises disciplinary authority over his subordinates, and effectively
recommends promotions, lay-offs, and discharges. The foregoing
duties clearly classify him as a supervisory employee, and we shall
exclude him from the unit.
We find that all production and maintenance employees of the Em-
ployer's plant, including shipping room employees, but excluding ex-
ecutives, office and clerical employees, and the supervisors in the
electronics department, the brass repair department, the assembly de-
partment, the spraying department, and the woodworking department,
and all or any other supervisory employees with authority to hire, pro-
mote, 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 mean-
ing of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with The Vega Company, Boston, Massa-
chusetts, 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 Direc-
tor for the First Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Sections 10 and It,
of National Labor Relations Board Rules and Regulations-Series 3,
as amended, among the employees in the unit found appropriate in
Section IV, above, who were employed during the pay-roll period im-
mediately 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 United Electrical, Radio and Machine
Workers of America (CIO), for the purposes of collective bargaining.
Mx. JOHN M. HOUSTON took no part in the consideration of the above
Decision and Direction of Election.