The Fellows Gear Shaper Co.

National Labor Relations Board - Board Decisions

Apr 8, 1943

48 N.L.R.B. 1032 (N.L.R.B. 1943)

In the Matter of THE FELLOWS GEAR SIIAPER Co. and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS (A. F. OF L.)
Case No. R-,5039.-Decided April 8,1943
Jurisdiction : gear cutting machinery and equipment manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board; election
necessary.
Unit Appropriate for Collective Bargaining : employees engaged as electricians
or electricians' helpers, with specified exclusions, found to constitute an ap-
propriate unit notwithstanding company's contention that the appropriate unit
should consist of the entire general maintenance department.
Mr. 0. M. Shaw, of Boston, Mass., for the Company.
Mr. William F. Steinmiller, of Hartford, Conn., for the IBEW.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION -OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Brotherhood of Electrical
Workers (A. F. of L.), herein called the IBEW, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of The Fellows Gear Shaper Co., Springfield, Vermont,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Thomas H.
Ramsey, Trial Examiner. Said hearing was held at Springfield, Ver-
mont, on March 19, 1943. The Company and the IBEW appeared,"
participated, and were afforded full opportunity to be heard, to ex-
amine 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. The Company
filed a brief which the Board has considered.
3 United Steelworkers of America (C I 0.) were notified of this proceeding but did not
appear.
48 N. L. R. B., No. 124.
1032
THE FELLOWS GEAR SHAPER CO. 1033
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE, COMPANY
The Fellows Gear Shaper Co., a Vermont corporation, is engaged
in the manufacture of gear cutting machinery and equipment. In
1942 it purchased raw materials consisting principally of steel and
castings. During 1942, all of the steel, in an amount in excess of 3,500
tons, was shipped to the Company's plant from points outside the State
.of Vermont. The castings were shipped to the Company's plant from
points within the State of Vermont. Practically all of the finished
products are shipped from the Company's plant to points outside the
State of Vermont. The Company is engaged almost entirely in the
production of critical war materials. The Company admits that it is
engaged in commerce within the meaning of the National Labor
Relations Act'
II. THE ORGANIZATION INVOLVED
International Brotherhood of Electrical Workers is a labor organi-
zation affiliated with the American Federation of Labor, admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant exclusive bargaining rights to
the IBEW until it has been certified by the Board. -
Statements of the Regional Director and the Trial Examiner, intro-
duced into evidence at the hearing, indicate that the IBEW 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 IBEW contends that all electricians and their helpers, exclud-
ing foremen, subforemen and student apprentices, constitute an appro-
priate unit. The Company, agreeing that foremen and subforemen
and student apprentices should be excluded, contends that the appro-
priate unit should consist of the entire general maintenance depart-
2 The Regional Director reported that the IBEW submitted 17 application cards, of which
16 contained apparently genuine original signatures Fifteen of the 16 signatures are the
names of persons listed on the Company's pay roll of February 2, 1943, which contains 29
names in the appropriate unit. The Trial Examiner reported that the IBEW introduced
2 cards bearing apparently genuine signatures containing names appearing on the above-
mentioned pay roll.
1034 DE,CIISIONS OF NATIONAL LABOR RELATIONS BOARD
ment which includes electricians , carpenters , sheet metal- shop work-
ers, millwrights , plumbers , blacksmiths and welders . It points out
that the electricians are not only engaged in maintenance work, but also
in construction and installation of electrical devices on finished prod-
ucts. Furthermore , the electricians work under the same general f ore-
man as other employees in the maintenance department . However,
the employees sought by the IBEW are all engaged in electrical work,
and are clearly identifiable ; furthermore , the record discloses no bar-
gaining history on an industrial or semi-industrial basis.
Accordingly , we find that all employees of the Company engaged as
electricians or electricians ' helpers, but excluding general foremen,
subforemen and student apprentices , and all other employees of the
Company, 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 oar Direction of Elec-
tion, subject to the limitations and additions set forth therein.
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 Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Fellows Gear
Shaper Co., Springfield, Vermont, 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, Section 10, of said Rules and Regulations , among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed during the pay-roll period immediately preceding the date of
this Direction , including any such employees who did not work during
said pay-roll period because they were ill or on vacation or tempo-
rarily 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, to'
determine whether or'not they desire to be represented by Interna-
tional Brotherhood of Electrical Workers, affiliated with the American
Federation of Labor, for the purposes of collective bargaining.