Casper Lowenstein, Inc.

National Labor Relations Board - Board Decisions

Oct 30, 1944

58 N.L.R.B. 1531 (N.L.R.B. 1944)

In the Matter Of CASPER LOWENSTEIN, INC., and PLAYTHINGS, JEWELRY
& NOVELTY WORKERS INT. UNION-CIO
Case No. 2-R-4934.-Decided October 30, 1944,
Taminany ct Cannery, by Mr. Paul R. Connery, of South Norwalk,
Conn., for the Company.
Mr. Sam Sandberg, of New York City, for the Union.
Miss Frances Lopinsky, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Playthings, Jewelry &
Novelty Workers lnt. Union-CIO, herein called the Union, alleging
that a question had arisen concerning the representation of employees
of Casper Lowenstein, Inc., Norwalk, Connecticut, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Richard J. Hickey, Trial
Examiner. Said hearing was held at South Norwalk, Connecticut, on
September 20 and 21, 1944. 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 of 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 OF FACT
I. THE BUSINESS OF THE COMPANY
Casper Lowenstein, Inc., a Connecticut corporation, has its principal
office and plant located in Norwalk, Connecticut. The Company is
engaged in war work. During the period from September 1, 1943, to
August 31, 1944, the Company purchased raw materials valued in
excess of $50,000, of which approximately 75 percent was shipped from
points outside the State of Connecticut to its Norwalk plant. During
the same period, the Company's finished products, manufactured at
its Norwalk plant, were valued in excess of $250,000, of which ap-
58 N. L. R. B., No. 274
1531
1532 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
proximately 66 percent was shipped to places outside the State of
Connecticut.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Playthings, Jewelry & Novelty Workers Int. Union, affiliated with
the Congress of Industrial Organizations, is a labor organization ad-
mitting to membership employees of the Company.'
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees until the Union
has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
.employees 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
The Union claims that an appropriate unit for bargaining in the
Company's plant, consists of all production and mainteance em-
ployees, including porters and shipping and receiving employees, but
excluding office and clerical employees, foremen, and other super-
visory employees within the Board's usual definition. The Company
claims that the appropriate unit consists of all employees of the
Company, including office and clerical employees, excluding only the
plant superintendent. The individual categories of employees which
these two concepts of the appropriate unit leave in dispute are :
Clerical employees: There is a small portion of the plant parti-
tioned off for the Company's offices, in which.are located the super-
intendent, the assistant superintendent, and the bookkeeper. The
bookkeeper does purely clerical work for which she receives a weekly
salary and. vacation. Production and maintenance employees re-
ceive an hourly wage and receive no vacation. In accordance with
our usual practice, we'shall exclude the bookkeeper, the only clerical
employee presently employed by the Company,.from the unit.
'The Company sought to require the Union to prove , by production of its charter, con-
stitution , and bylaws , its legal authority to represent the Company's employees . The testi-
mony offered by' the Union 's vice president amply , established that the Union is a labor
organization admitting to membership employees of the Company . The Trial Examiner's
refusal to require the production of the documents requested has been above affirmed.
2 The Field Examiner reported that the Union submitted 19 application cards, that there
are 34 employees in the appropriate unit , including part -time employees , and that the cards
were dated in June, July, and August 1944.
CASPER LOWENSTEIN, INC. 1533
Assistant superintendent: The assistant superintendent is in charge
of war production work for the entire plant. He has the power to
make effective recommendations concerning salary increases. We
find, therefore, that he is a supervisor within our usual definition of
the term and shall exclude him from the unit. -
Foremen: There are two working foremen. They are not hourly
paid employees, but receive a weekly salary, yearly bonus, and vaca-
tion. They set up dies, assist in the assignment of work, and keep
employees at work. They make reports and recommendations to the
superintendent which initiate investigation concerning wage increases
or disciplinary action. With the assistant superintendent, they ro-
tate in taking complete charge of an evening shift of part-time work-
ers who work from p. in. to 11 p. in. During those 'periods, the
foreman on duty makes telephone reports to the superintendent, but
he is, nevertheless, the only supervisor present in the plant. We find
foremen to be supervisory employees, and we shall exclude them from
the unit as such.
The Company would also incude in the unit, and the Union would
exclude therefrom William Ruhlman, who is a part-time employee
and the son of the superintendent of the plant. By reason of his
relationship to. the superintendent, his interests are naturally with
management. Accordingly, we shall exclude him from the appropri-
ate unit.' -
We find that all production, maintenance, and shipping and receiv-'
ing employees, including porters, but excluding the son of the plant.
superintendent, office clerical employees, the assistant superintendent,
foremen, and all other 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.
V. THE DETERMINATION OF REPRESENTATIVES
The Company employs a number of part-time employees. Some of
them are high school boys who work 3 hours a day after school; some
are business men who work a 4-hour shift from 7 p. in. to 11 p. in.
The Union insists that although these employees work more or less
regularly for the Company, they should not be allowed to participate
in the election because their interests are foreign to those of the regu-
lar employees of the Company. The Company contends that they
should be considered a part of the appropriate unit and should be
allowed to vote. Inasmuch as these part-time employees are regu-
larly employed, perform the same work as regular employees, for
8 See Matter of Louis Weinberg Associates , 13 N. L . R. B. 66; Matter of Carolina Box
Company, 57 N. L. R. B. 1355.
609591-45-vol . 58-102
1534 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the same rates of pay and under the same supervision , we are of the
opinion that their interests are sufficiently involved in this proceeding
to warrant their participating ,in the choice of a bargaining repre-
sentative . Accordingly , we hold that regular part -time employees
are eligible to vote in the election hereinafter directed.
The Company requests that its employees who are now members of
the armed forces, be allowed to participate in the election - by mail.
For reason given in Matter of Mine Safety Appliances Company 4 the
request is hereby denied.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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 Re-
lations 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 bargain with Casper Lowenstein,
Inc., Norwalk, Connecticut, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days fioum
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, Sections 10 and 11, of said Rules and Regulations, and,to the
determinations made in Section V, above, among the 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 or not they desire to be represented by Playthings,
Jewelry & Novelty Workers Int. Union-CIO for the purposes of
collective bargaining.
MR. JOHN M. HOUSTON took no part in the consideration of the above
Decision and Direction of Election.
4 55 N. L . R B. 1190.