Economic Machinery Co.Download PDFNational Labor Relations Board - Board DecisionsOct 4, 194458 N.L.R.B. 712 (N.L.R.B. 1944) Copy Citation In the Matter of ECONOMIC MACHINERY COMPANY and UNITED STEEL- WORKERS OF AMERICA, C. I. O. Case No. 1-R-2037.-Decided October l4, 1944 Mr. Ernest L. Anderson, of-Worcester, Mass., for the .Company. Mr. Roy H. Stevens, Jr., of Worcester, Mass., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Steelworkers of America, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Economic Machinery Company, Worcester, Massachusetts, herein called the Company, the National Labor Relations Board provided for an appro- priate hearing upon due notice before Leo J. Halloran, Trial Exam- iner. Said hearing was held at Worcester, Massachusetts, on Septem- ber 15,1944. The Company and the Union appeared, participated, and were afforded full opportunity 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 opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Economic Machinery Company is a Massachusetts corporation with its principal place of business at Worcester, Massachusetts, where it is engaged in the manufacture of labelers for glass containers. During 1943 the Company purchased raw materials valued at about $73,000, approximately 75 percent of which was shipped to it from points out- side the Commonwealth of Massachusetts. During the same period the Company sold products valued in excess of $200;000, about 75 percent 55 N L I{ B., No 149 712 ECONOMIC MACHINERY COMPANY 713 of which was shipped to points outside the Commonwealth of Massa- chusetts. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. . II. THE ORGANIZATION INVOLVED United Steelworkers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognizes the Union as the exclusive col- lective bargaining representative of its employees until such time as the Union is certified by the Board. A statement of a Field Examiner of the Board, introduced into evi- dence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found'to be appropriate.' 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 substantial agreement with the parties, that all employees at the Worcester plant of the Company, including working foremen, assistant working foremen,2 planning department clerks, and the de- velopment engineer, but excluding office clerical employees, drafting room employees, executives, foremen, and any other supervisory em- ployees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively rec- ommend 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 We shall direct that the question concerning representation which has arisen be resolved by means of an election by secret ballot among the 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. 'The Field Examiner reported that the Union presented 69 authorization cards There are approximately 110 employ ees in the appropriate unit 2 The working foremen and assistant working foremen have no authority effectively to recommend changes in the status of employees 714 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Economic Ma- chinery Company, Worcester, Massachusetts, 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 Regula- tions, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immedi- ately 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 any who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of this election, to determine whether or not they desire to be represented by United Steelworkers of America, C. I. 0., for the purposes of collec- tive bargaining. Copy with citationCopy as parenthetical citation