United States Hoffman Machinery Corp.

National Labor Relations Board - Board DecisionsMay 7, 1946

67 N.L.R.B. 1215 (N.L.R.B. 1946)

In the Matter of UNITED STATES HOFFMAN MACHINERY CORPORATION and INTERNATIONAL ASSOCIATION OF MACHINISTS Case No. 2-R-6334.Decided May 7,1946 Putney, Twombly, Hall d Skidmore, by Mr. Thomas M. Kerrigan, of New York City, for the Company. Messrs. Robert A. Reber and W. W. Van Buren, of New York City, for the Union. Mr. Hyman H. Ostrin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by International Association of Machinists, herein called the Union, alleging that a question af- fecting commerce had arisen concerning the representation of em- ployees of United States Hoffman Machinery Corporation, Pough- keepsie, New York, herein called the Company,' the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert Silagi, Trial Examiner. The hearing was held at New York City on April 9, 1946. The Company and the Union appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence 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 opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE RIISINESS OF THE COMPANY United States Hoffman Machinery Corporation is a Delaware cor- poration maintaining its principal office in New York City. The Com- pany operates several plants in the United States; however, this pro- I The name of the Company appears herein as amended at the hearing. 67 N. L. R. B., No. 158. 1215 1216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ceeding is concerned solely with the Company's manufacturing plant located in Poughkeepsie, New York. At this plant the Company is engaged in the manufacture and distribution of machinery suitable for laundering and cleaning clothing. The chief raw material used in the manufacture of these products is steel. During the year 1945 steel valued in excess of $100,000 was de- livered to the plant, the major portion of which was shipped to Pough- keepsie from points outside the State of New York. During the same year the finished products manufactured by the plant exceeded $100,000 in value, the major portion of which was shipped to points located outside the State of New York. The Company admits, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED International Association of Machinists is a labor organization, ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about March 2, 1946, the Union informed the Company that it had been chosen as bargaining representative by a majority of the Company's employees. The Union suggested a meeting for the pur- pose of negotiating a collective bargaining agreement. The Company did not reply to the Union's communication. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found appropriate.2 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 We find, in accordance with the agreement of the parties, that all employees of the Company listed in Appendix A, plus their respective helpers, but excluding all employees listed in Appendix B, and any other supervisory employees with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of employ- ees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Sec- tion 9 (b) of the Act. 2 The Field Examiner reported that the Union submitted 48 membership applications. Twelve of the applications were dated in 1946 and the balance were undated . The Com- pany did not submit a pay roll. There are approximately 100 employees in the appropriate unit. UNITED STATES HOFFMAN MACHINERY CORPORATION 1217 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 representa- tives for the purposes of collective bargaining with United States Hoffman Machinery Corporation, Poughkeepsie, New York, an elec- tion 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 Rela- tions Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among employees in the unit found appropri- ate 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 International Association of Machinists, for the purposes of collective bargaining. APPENDIX A Stockroom clerk Shipping and receiving clerk Tool crib attendant Welder Flame cutting machine operator Tool maker Toolroom machinist Lathe operator Drill press operator 692148-46-vol 67-78 Metal spinner Hand saw operator Power hack saw machine operator Hand screw machine operator Squaring shear operator Sheet metal lay-out man Sheet metal worker Bending roll and brake operator Grinder and burrer 1218 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Painter Electro-plater Assembler Carpenter Crater and packer Sewing machine operator Electrician-production Electrician-maintenance Mechanic-maintenance Laborer-maintenance Laborer-production Watchman-janitor Truck driver Blacksmith Shop clerk Machine set-up man Inspector and tender , assistant- shop APPENDIX B Production control manager Production control manager as- sistant Expediter-purchasing Assistant Expediter-purchasing Office manager Draftsman Draftsman apprentice Blueprint machine operator Personnel manager Nurse-industrial Telephone switchboard operator Cost clerk Stenographer-typist Foreman Inspector and tender-shop Expediter-shop Engineer Experimental mechanic Timekeeper Group leader-tradesmen Group leader-laborers Sewing machine department fore- lady