Scott & Williams, Inc.

National Labor Relations Board - Board Decisions

Sep 14, 1944

58 N.L.R.B. 249 (N.L.R.B. 1944)

,In the Matter of SCOTT & WILLIAMS , INCORPORATED and AMERICAN
FEDERATION OF HOSIERY WORKERS (T. W. U. A.-C. I. 0.)
Case No. 1-R-1979.-Decided September 14, 1944
Herrick, Smith, Donald, Farley cC Ketchum, by Mr. Henry L.
Mason, Jr., of Boston, Mass., for the Company.
Mr. Francis B. Ertel, of Franklin, N. H., for the C. 1. 0.
Mr. Harold F. Reardon, of Boston, Mass., for the I. A. M.
Mr. Julius Kirle, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by American Federation of Hosiery
Workers (T. W. U. A.-C. I. 0), herein called the C. I. 0., alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Scott & Williams , Incorporated , herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Leo. J .`Halloran,
Trial Examiner . Said hearing was held at Laconia, New Hampshire,
on August 8, 1944. The Company , the C. I. 0., and International
Association of Machinists , A. F. L., herein called the I . A. M., 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 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
Scott & Williams, Incorporated, a Massachusetts corporation, oper-
ates three plants at Laconia, New Hampshire. It is engaged in the
manufacture of finished assemblies and aircraft accessories, as well as
58 N. L. R. B., No. 50.
249
250 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
hosiery-knitting machinery. Approximately 95 percent of its produc-
tion is devoted to war work. During the year 1943, the Company used
raw materials in excess of $1,000,000, over 80 percent of which was
shipped to its three plants from points outside the State of New
Hampshire. During the same period, the Company's finished prod-
ucts were in excess of $12,000,000, more than 80 percent of which was
shipped to points outside the State.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
American Federation of Hosiery Workers (T. W.,U. A.-C: I. 0.),
affiliated with the Congress of Industrial Organizations , is a labor
organization admitting to membership employees of the Company.
International Association of Machinists , affiliated with the Ameri-
can Federation of Labor, is a labor organization admitting to mem-
bership employees of the Company.
TIT. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the C. I. 0., as the
exclusive bargaining representative of certain employees, until i the
C. I. O. has been certified by the Board in an appropriate unit'
A' statement of a Board agent, introduced into evidence at;the heir-
ing, indicates that the C. L 0.- represents a substantial number of
employees in the unit hereinafter found appropriate.2
We find'that a question affecting commerce has arisen concer ning
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 are in general ,agreement'that the appropriate unit
should comprise all production and maintenance employees at the
Laconia plants, of the Company, excluding executives, supervisors
(including foremen and subforemeii), Office, clerical, time-study ,and
estimator employees, nurses, guards, wa(cllmen, draftsmen and tool
3 The Company and the I. A. M. entered into a contract on August 5, 1943, which was
to expire on July 1, 1944. On June 19, 1944, the c I. 0 'requested recognition as the
exclusive bargaining agent . - On July 24, 1944, the Company and the I. A. M. extended
their contract until December 31, 1944, subject to termination upon the Board 's determina-
tion of the exclusive bargaining agent. Neither the Company nor the I. A. M contends
that tho' contract is a bar to the instant proceeding.
2 The 'Board agent reported that the C. I. 0 submitted 398 cards all of which pyre
apparently genuine original signatures ; that the names of all persons appearing on the
cards were not checked against the pay roll and that the cards were dated as followb :
4 in March 1944, 7 in May 1944, 368 in June 1944, and 19 were undated . ' There are
approximately 1,522 employees in the appropriate unit.
SCOTT & WILLIAMS, INCORPORATED 251
designers, experimental department, telephone operators and sales-
men. The Company, however, would also exclude timekeepers, in-
spectors, truck drivers and powerhouse employees, since they were
excluded in its contract with the I. A. M. The I. A. M., although ad-
mitting that these classifications are specifically excluded from the
unit covered by the contract, now seeks, as does the C. I. 0., to include
them.
Tirrpekeepers: There are 95 timekeepers. While these employees
have.a.'desk in the department where they are located, they are on the
office pay roll. They record the work clone by productive and non-
productive employees, for pay roll purposes, and also furnish this
information to the cost department. They are responsible to the
factory accountant and through him to the financial division and corn-
pany treasurer. While they are hourly paid employees and punch a
time clock, they do not engage in production work. Since their duties
are largely of a clerical nature and are dissimilar to those of the regular
production and maintenance employees, in accordance with our usual
practice, we shall exclude them. ,
Inspectors: It is the duty of the inspectors to examine the Company's
product in all stages of production in order to maintain its quality.
Although they are under the separate supervision of a Chief Inspector
and are not engaged in manual labor, they work in all departments
of the plant in close proximity with the production workers. They are
also hourly paid, and their department is carried as a division of the
factory' pay roll. In view of their common interests with the produc-
tion workers, we shall include the inspectors.3
Truck drivers: There are 12 truck drivers. They transport material
between the 3 plants and also deliver and pick up first class mail and
parcel post. They receive a straight hourly pay without bonus, punch
a time clock, and Lire on the factory pay rollas part of the maintenance
group. We shall include them.
Powerhouse employees: There are five powerhouse employees. They
are all firemen and come under the direct supervision of the supervisor
of maintenance. Their duties consist of firing the boilers, and filling
up the hoppers for the coal stokers. They are hourly paid, punch a
time clock, are on the factory pay roll and enjoy the same vacation
periods as the production employees. We shall include them. . - ,
We find that all production and maintenance employees at the
Laconia, New Hampshire, plants, of the Company, including inspec-
tors, truck drivers and powerhouse employees, but excluding office
and clerical employees, guards, watchmen, timekeepers, draftsmen,
and tool designers, nurses, experimental department employees, tele-
phone operators, time-study and estimator employees, salesmen, ex-
3 See Mattel 'of lVestintlhoase Electric & Manufacturing Company, 45 N. L. R B. 826.
252 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ecutives, foremen, assistant foremen, and all or any other supervisory
employees 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 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 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 Rela-
tions 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 Scott & Williams,
Incorporated, Laconia, New Hampshire, 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 super-
vision 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
the employees in the unit .-found appropriate in Section I-V, above,
who were employed during the pay-roll period immediately preceding-
the date of this Direction, including employees" who did not work
during the 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
American Federation of Hosiery Workers (T. W. U. A.-C. I. 0.), or
by International Association of Machinists, A. F. L., for the purposes
of collective bargaining, or by neither.