Underwood Corp.

National Labor Relations Board - Board Decisions

Apr 30, 1946

67 N.L.R.B. 1017 (N.L.R.B. 1946)

In the Matter Of UNDERWOOD CORPORATION and UNITED ELECTRICAL,
RADIO & MACHINE WORKERS OF AMERICA , C. I. O.
, Case No. 1-R-2858.Decided April 30, 191£
Shipman and Goodwin , by Mr. Wal frill G. Lundborg , of Hartford,
Conn ., for the Company.
Mr. Robert F. Mintz, of Hartford , Conn., for the Union.
Mr. Lewis D. Holcombe , of East Hartland , Conn ., for the Asso-
ciation.
Mr. Harry W. Clayton , Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Electrical, Radio & Machine
Workers of America, C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Underwood Corporation, New Hartford, Connecti-
cut, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Robert
E. Greene, Trial Examiner. The hearing was held at Hartford, Con-
necticut, on March 18 and 21, 1946. The Company, the Union, and
Greenwoods Employees' Association, Inc.,' herein called the Associa-
tion, appeared and participated. All parties were afforded full op-
portunity to be heard, to examine 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 an opportunity to file briefs with
the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS or FACT
1. THE BUSINESS OF THE COMPANY
Underwood Corporation is a Delaware corporation engaged in
the manufacture, sale, and distribution of typewriters, typewriter
I The International Association of Machinists and the Metal Polishers , Buffers , Platers
& Helpers International Union, which represent employees at the Company 's Hartford
plant, were served With Notice of Hearing but did not appear.
67 N. L. R. B., No. 125.
1017
1018 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ribbons, carbon paper, calculating machines, and bookkeeping ma-
chines. It operates plants at Hartford, Bridgeport, and New Hart-
ford, Connecticut, and Burlington, New Jersey. In addition, the
Company has sales distribution and service facilities in the principal
States of the United States and in most foreign countries. Raw ma-
terials used by the Company consist principally of various metals
totalling in excess of several million dollars annually, of which more
than 50 percent is received from outside the State of Connecticut.
The finished products of the Company are in excess of several million
dollars annually, of which more than 50 percent is shipped to points
outside the State of Connecticut. This proceeding involves the New
Hartford plant, only, which is known as Department 10 and some-
times as the Greenwoods plant and which processes parts originating
at the Hartford plant and eventually returning to that plant.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Electrical, Radio & Machine Workers of America is a labor
organization, affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
The Greenwoods Employees' Association, Inc., is an unaffiliated
labor organization, admitting to membership employees of the Com-
pany 2
III. THE QUESTION CONCERNING REPRESENTATION
On or about November 29, 1945, the Union requested the Company
to recognize it as a collective bargaining agent for the employees in-
volved at the New Hartford plant. On or about December 6, 1945,
the Company refused to grant recognition until the Union has been
certified by the Board in an appropriate unit.
2 During the hearing, it developed , in the testimony , that the Greenwoods Employees'
Association , Inc , represented some of the employees of the New Hartford plant for some
purposes but had not been served with Notice of Hearing The Trial Examiner com-
municated with the President of the Association who then appeared at the hearing and
was permitted to intervene The Association is a Connecticut corporation \%ithout capital
stock chartered for the purpose , among other things, "To promote the welfare of the em-
ployees of the Underwood-Elliott Fisher Company , New Hartford , Connecticut , to establish
and further an orderly and beneficial relationship between the employees and members of
this corporation and the said Underwood -Elliott Fisher Company , including the negotia-
tion and settlement of such matters that may arise from time to time between the em-
ployees and management of said Underwood -Elliott Fisher Company . . . carry on and
conduct any other matters or activities for the general benefit and welfare of the members
of this corporation " The Association has bargained with the Company regarding working
conditions , grievances , and rest periods However, despite the language of the charter,
the Association 's president stated that it had never bargained as to wages and hours and
that it was his understanding that such functions were not included in the power granted
by the charter . He stated that the Association would consider applying for an amendment
of its charter to include such authority The Association meets once a month. We hold
that the Association is a labor organization within the meaning of Section 2 (5) of the Act.
UNDERWOOD CORPORATION 1019
A statement of a Board Field Examiner, supplemented by a state-
ment of the Trial Examiner at the hearing, indicates that the Union
and the Association each represents a substantial number of employees
in the unit hereinafter found appropriate.3
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
The parties agreed that all production employees at the New Hart-
ford plant, including shipping and receiving employees and factory
clerical employees and all maintenance employees and inspectors who
are permanently assigned to the New Hartford plant, should be in-
cluded in the appropriate unit, and that watchmen, office clerical em-
ployees, supervisors within the Board's usual definition, and main-
tenance employees and inspectors on loan from the Hartford plant,
should be excluded. The Union would include set-up men; the Com-
pany and the Association would exclude them as supervisors.
Set-up men: The Company considers these employees, of whom
there are 11, as assistant foremen. They are responsible for keeping
themselves informed as to what jobs are to be set up, for getting
proper tools and setting up machines, and for instructing the ma-
chine operators. These employees also assign machine operators,
substitute for foremen, have authority to make effective recommenda-
tions regarding rate of pay and disciplinary action. We find that the
set-up men are supervisors and shall, accordingly, exclude them from
the appropriate Unit .4
We find that all production and maintenance employees at the New
Hartford plant, including shipping, receiving, and factory clerical
employees and inspectors, but excluding watchmen, office clerical em-
ployees, set-up men, employees on loan from the Hartford plant, 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.
8 The Field Examiner reported that the Union submitted 129 cards , bearing the names
of 116 employees fisted on the Company's pay roll, The Trial Examiner made a spot
check of 10 names from the Association' s dues record books which contained the names
of 106 employees whom the Association claims to be within the appropriate unit. The
Trial Examiner found all 10 of the names checked on the Company 's pay roll. There
are approximately 125 employees within the unit alleged to be appropriate.
4 Compare Matter of Royal Typewriter Company, Inc , 55 N. L R. B. 402 , in which the
Board found set-up men to be non -supervisory employees.
1020 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein,
subject to the limitations and additions set forth in the Direction.
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 represent-
atives for the purposes of collective bargaining with Underwood Cor-
poration, New Hartford, 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 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
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 they desire to be represented by the United
Electrical, Radio & Machine Workers of America, C. I. 0., or by the
Greenwoods Employees' Association, Inc., for the purposes of collec-
tive bargaining, or by neither.