The Yale and Towne Manufacturing Co.

National Labor Relations Board - Board Decisions

Nov 18, 1941

36 N.L.R.B. 1072 (N.L.R.B. 1941)

In the Matter of THE YALE AND TOwNE MANUFACTURING COMPANY,
A CORPORATION and INTERNATIONAL ASSOCIATION OF MACHINISTS'
LOCK CITY LOCAL No. 1557, AFFILIATED WITH THE AMERICAN FLDER-
ATION OF LABOR
Cate No. I?- 3080.-Decided November 18, 19.41
Jurisdiction : lock and hardw.tie manufacturing industry.
Investigation and Certification of Representatives : existence of question. dis-
pute as to appropriate unit ; election necessary
Unit Appropriate for Collective Bargaining : die-cast die makers, die makers and
die sinkers, jig, fixture, and gage makers, tool makers, tool and gage grinders,
specialists engaged in tool and die work, acetylene welders, machinists,
hardeners, die setters, cutter grinders, hardeners' helpers, die casters, and
trimmers, in the Mechanical Equipment department, but excluding draftsmen,
and clerical and supervisory employees.
Mr. Louis H. Porter and Mr. F. Carroll Taylor, of New York City,
for the Company.
Mr. Jerome Y. Sturm, of New York City, for the I. A. M.
Mr. Joseph T. Melvin, of Stamford, Conn., for the Association.
Mr. George A. Koplow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF 'rIlE CASE
On August 6, 1941, International Association of Machinists, Lock
City Local No. 1557, herein called the I. ' A. At.,, filed with the
Regional Director for the Second Region (New York City)'a peti-
tion alleging that a question affecting commerce had arisen concern-
ing the representation of employees of The Yale and Towne Manu-
facturing Company, a corporation, Stamford, Connecticut, herein
called the Company, and requesting an investigation and certification
of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On September
'In certain of the formal papers the I A. M and the Company were designated by
appellations differing slightly lion those ,et forth herein
36 N. L . R. B., No. 219.
1072
THE YALE AND TOWNE MANUFACTURING COMPANY 1073
23, 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 Regula-
tions-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 September 27,- 1941 , the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
I. A. M., and The Yale & Towne Employees Association , herein
called the Association, a labor organization claiming to represent
employees directly affected by the investigation . Pursuant to notice,
a hearing was held on October 3 and 7, 1941, at Stamford , Connec-
ticut, before Will Maslow , the Trial Examiner duly designated by
the Chief Trial Examiner. At the hearing the Association filed a
written motion to intervene , which was granted by the Trial Exam-
iner. The Company , the I . A. M., and the Association were repre-
sented by counsel 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 motions and on objections to 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. The Company, the I. A. M., and the Association filed
briefs which the Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Yale and Towne Manufacturing Company is a Connecticut
corporation with its principal office and place of business in Stam-
ford, Connecticut , where it is engaged in the manufacture of lochs,
hardware , and related products . During the 6 months preceding
the hearing, the Company purchased approximately $1,100,000 worth
of raw materials , principally iron, steel , copper, zinc , and tin, of
which approximately 50 per cent were shipped to the company from
outside the State of Connecticut . During the same period the Com-
pany sold approximately $5,600,000 worth of finished products,
approximately 50 per cent of which were shipped to points outside
the State of Connecticut. The Company admits for the purposes
of these proceedings that it is engaged in commerce within the
meaning of the Act and that it is subject to the jurisdiction of the
Board.
4 331 18-42-vol 36--69
1074 DECISIONS OF NATIONAL LABOR RELATIONS BOARD-
II. THE ORGANIZATIONS INVOLVED
International Association' of Machinists, Lock City Local No.
1557, affiliated with the American Federation of Labor, is a labor
organization admitting to its membership certain employees of the
Company.
The Yale & Towne Employees Association is an unaffiliated labor
organization admitting to its membership certain employees of the
Company.
III. THII QUESTION CONCERNING REPRESENTATION
On July 7, 1941, the I. A. M. requested that the Company arrange
a conference with it for the purposes of collective bargaining. On
July 17, 1941, the Company refused this request stating that "the
established bargaining unit is the entire plant. There is therefore,
no basis for such a meeting as you suggest."
- A statement of the Regional Director introduced into evidence,
together with certain evidence which the Association introduced at
the hearing, shows that the I. A. M. represents a substantial number
and the Association has some members among the employees in the
collective bargaining unit hereinafter found to be appropriate.'
We find that a question has arisen concerning the representation
of employees of the Company.
1V. -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
The I. A. M. in its petition, as amended at the hearing, contends
that the unit appropriate for collective bargaining consists of the
'The Regional Diiector stated that the I A H had submitted to her 104 authorization
cards, of which 68 were dated between Apiil and July 1941 and 36 were undated Ninety-
one of the 104 authorization catds bore apparently genuine original signatures of em-
ployees on the Company's pay roll for August 7, 1941, in the unit hereinafter found to be
appropi late
The Association submitted no evidence to the Regional Director in snnport of its clone
to represent employees However, there was testimony at the hearing that approximately
1,600 of the 4 000 employees in the plant had joined the Association since 1937 and had
not resigned up to the tinie of the hearing Theie was further testimony that the Asso-
ciation at the time of the heanng had approximately 22 members in the unit heieinafter
found to be appiopri.ite, but theie was no showing as to how many of these 22 were niem-
beis in good standing, that is, less than 3 months in arieais in does
Theie aie approximately 180 employees in the unit hereinafter found to be appropriate.
THE YALE AND TOWNE MANUFACTURING COMPANY 1075
following employees in the Mechanical Equipment„department,
herein called the M. E. department: die-cast die makers, die makers
and die sinkers, jib, fixture, and gage makers, tool makers, tool and
gage grinders, specialists engaged in tool and die work, acetylene
welders, machinists, hardeners, die setters, cutter grinders, and
hardeners' helpers, but excluding die casters, trimmers, draftsmen,
and clerical and supervisory employees. The Association contends
that the appropriate unit consists of all employees of the Company
except supervisory employees, foremen, assistant foremen, salesmen,
and outside workers.3 The Company contends that the entire plant
constitutes the only appropriate unit.
The unit contended,for by the I. A. M. consists of the entire •M. E.
department excluding the draftsmen, die casters, trimmers, and
clerical and supervisory employees. Before considering the proposed
exclusion of these latter categories we must determine whether a
unit consisting in general of the M. E. department is appropriate.
So far as the record reveals, the history of collective bargaining in
this plant began with a consent election held on June 3, 1937, by agree-
ment between the Association, the Company, and Local 227 of the
United Electrical & Radio Workers of America, herein called the
United, among all employees except supervisory employees, foremen,
assistant foremen, salesmen, and outside workers. , In that election
the Association received 1,565 votes and the United 1,419 votes. On
January 20, 1939, the Board issued a Decision and Order 4 finding;
inter alia, that the Company had interfered with the conduct of the
election. Because more than 18 months had elapsed since the election
the Board did not in its Decision and Order set the election aside,
but ruled that in view of the lapse of time "such election is no longer
of controlling effect in determining collective bargaining representa-
tives at this time."
The Company met in bargaining conferences with representatives
of the Association from 1937 to the time of the hearing. While the
Association purported to represent all the employees of the Company
and occasionally negotiated on matters of wages and grievances that
concerned the whole plant, the general manager of the Company
admitted at the hearing that at no time was the Association ever
asked for proof that it represented a majority of the employees. The
Association and the Company have never entered into a written agree-
ment. Because of the circumstances surrounding the consent election
3 As an alternative, the Association contends there should be two units, one composed
of all clerical workers in the plant and the other of the remaining employees
411atter of Yale t Towne Manufacturing Company and United Electrical R Radio
lVort,ei, of 4 me ica, Local No 227, C 1 0, 10 N L R R 1321, enforced as modified
(on another point ) in National Labor Relations Board v . Yale it Towne Mfg. Co, 114 F.
(2d) 376 (C C A 2)
1076 DECISIONS OF NATIONAL LABOR REiLATIONS BOARD
of June 3, 1937, and the nature of the Association's bargaining con-
ferences with the Company, we do not consider this previous history
determinative of the unit question in the instant proceedings.
The M. E. department, consisting of 187 employees exclusive of
supervisory and clerical employees, is not a part of the Company's
production process, but manufactures and repairs the tools and dies
that are used in production. It is spread out in some five buildings,
but is all under the supervision of one superintendent and is listed
on plant records as a separate department. Most of the work in the
department is highly skilled, and there is no temporary interchange
of employees from other departments to the M. E. department. We
find that the M. E. department, subject to certain exclusions set forth
below, constitutes a unit appropriate for the purposes of collective
bargaining.
There are four disputed categories of employees. In each case the
I. A. M. asks that they be excluded from the unit, while the Company
and the Association contend that they should be included.
Clerical employees. The number and the exact nature of the duties
of the clerical employees in the M. E. department do not appear but,
as is our practice where one of two labor organizations confines its
organization to production employees, we shall exclude clerical em-
ployees from the bargaining unit.6
Draftsmen. There are seven draftsmen in the M. E. department.
They are paid on a salary basis like clerical employees, while other
employees of the M. E. department are paid on an hourly or combina-
tion hourly and piece-work basis. In addition, there are other drafts-
men working throughout the plant besides the seven in the M. E.
department. We shall direct that the draftsmen be excluded.
Die casters. There are 17 die casters in the M. E. Department.
Their work consists of closing moulds, inserting metal, opening
moulds, and removing the finished castings. The I. A. M. considers
them semi-skilled employees, but there is no showing that the con-
ditions of their employment differ from those of other employees
of the M. E. department. We shall direct that they be included.
Trimmers. There are 14 trimmers in the M. E. department.
Their work consists principally of operating power presses which
trim the burrs off the die castings. They are the only women em-
ployees in the M. E. department, and the 1. A. M. considers them
non-skilled or semi-skilled workers. However, as in the case-of the
die casters, there was no showing that the conditions of their em-
ployment differ from those of other employees of the department,
and we shall direct their inclusion.
e matter of The Texas Company and Oil Workers International Union , Local 367, 33
N L. R B , No . 202. See also Third Annual Report of the National Labor Relations
Board , page 184.
THE YALE AND TOWNE MANUFACTURING COMPANY 1077
We find that the die-cast die makers, die makers and die sinkers,
jig, fixture, and gage makers, tool makers, tool and gage grinders,
specialists engaged in tool and die work, acetylene welders, ma-
chinists, hardeners, die setters, cutter grinders, hardeners' helpers,
die casters, and trimmers, in the Mechanical Equipment department,
but excluding draftsmen, and clerical and supervisory employees,
constitute a unit appropriate for the purposes of collective bargain-
ing. 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 concerning representation which has
arisen can best be resolved by an election by secret ballot.. The
I. A. M. requested that the Board use a pay-roll date near the time
of the hearing for determining eligibility to vote in an election, but
expressed no reason for this preference. We see no reason for de-
parting from our usual practice and shall therefore direct that those
eligible to vote in the election shall be the employees in the appro-
priate unit who were employed by the Company during the pay-roll
period immediately preceding the date of our Direction of Election,
subject to the limitations and additions 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 rep-
resentation of employees of The Yale and Towne Manufacturing
Company, a corporation, Stamford, Connecticut, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
2. The die-cast die makers, die makers and die sinkers, jig fixture, and
gage makers, tool makers, tool and gage grinders, specialists engaged
in tool and die work, acetylene welders, machinists, hardeners, die
setters, cutter grinders, hardeners' helpers, die casters, and trimmers,
in the Mechanical Equipment department, but excluding draftsmen,
and clerical and supervisory employees, constitute a unit appropriate
for the purposes of collective bargaining within the meaning' 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 Re-
lations Act, and pursuant to Article III, Section 8, of National Labor
1078 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with The Yale and Towne Manufacturing Company, a corporation,
Stamford, 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 of Election 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 die-cast die makers, die makers and die sinkers, jig, fix-
ture, and gage makers, tool makers, tool and gage grinders, specialists
engaged in tool and die work, acetylene welders, machinists, hard-
eners, die setters, cutter grinders, hardeners' helpers, die casters,
and trimmers in the Mechanical Equipment department, 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 in the
active military service or training of the United States, or tem-
porarily laid off, but excluding draftsmen, clerical and supervisory
employees, and those who have since quit or been discharged for
cause, to determine whether they desire to be represented by Inter-
national Association of Machinists, Lock City Local No. 1557, affil-
iated with the American Federation of Labor, or by The Yale &
Towne Employees Association, for the purposes of collective bar-
gaining, or by neither.