Tuttle Silver Co., Inc.

National Labor Relations Board - Board Decisions

Mar 1, 1946

66 N.L.R.B. 238 (N.L.R.B. 1946)

In the Matter of TUTTLE SILVER COMPANY, INC. and INTERNATIONAL
JEWELRY WORKERS UNION, AFL
Case No. I-B-2659.-Decided March 1, 1946
Messrs. Benjamin E. Gordon and Arthur F. Smith, of Boston,
Mass., for the Company.
Mrs. Rose Norwood, of Boston, Mass., and Roewer, Reel and Don-
ovan, by Mr. W. R. Donovan, of Boston, Mass., for the Union.
Miss Helen Hart, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Jewelry Workers
Union, AFL, herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Tuttle Silver Company, Inc., Boston, Massachusetts, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Walter Wilbur, Trial
Examiner. The hearing was held at Boston, Massachusetts, on
November 9, 1945. The Company and the Union appeared, partici-
pated, 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 an 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
Tuttle Silver Company, Inc., a Massachusetts corporation with its
principal place of business in Boston, Massachusetts, is presently
66 N. L. R. B., No. 23.
238
TUTTLE SILVER COMPANY, INC. 239
engaged in converting to its peacetime work of manufacturing silver-
ware. In 1944, and in the first 6 months of 1945, the Company was
almost exclusively engaged in the production of electronic parts for
radar equipment. During 1944, and the first 6 months of 1945, the
Company imported raw materials valued in excess of $75,000, of
which more than 50 percent was shipped to the Company from points
outside the Commonwealth. During the same period, the Company
sold products valued in excess of $75,000, of which about 3 percent
was transported to points outside Massachusetts. The remaining 97
percent of the Company's products was shipped to points within
the Commonwealth for assembly into radar equipment which was
destined for delivery to the United States Government.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Jewelry Workers Union, affiliated with the American
Federation of Labor, is a labor organization admitting to member-
ship 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 certain 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 hear-
ing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found 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.
1V. THE APPROPRIATE UNIT
We find, in substantial accordance with the agreement of the
parties, that all production and maintenance employees of the Com-
pany, including working foremen,2 but excluding office and clerical
employees, executives, 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
1 The Field Examiner reported that the Union submitted 17 applications for member-
ship, and that there were 25 employees in the alleged appropriate unit.
It does not appear that these employees possess supervisory authority.
240 DECISIONS ,Of NATIONAL LABOR RELATIONS BOARD
ection3.constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMI14ATION OF REPRESENTATIVES
The Company contends that no election should be directed at this
time because its pay roll, at the time of the hearing, listed only 26
employees in the unit, found appropriate in Section IV, supra, about
one-third of the contemplated number of employees in that unit. The
Company also asserts that the present complement of employees does
not constitute a fair cross-section of those who will eventually be in
its employ because many will be unable to learn the trade.
The record reveals that the Company hopes to expand its pay roll
to include approximately 75 production and maintenance employees
as soon as additional labor is available. The record also reveals, how-
ever, that due to the critical shortage of skilled silversmiths in the
Boston area, the Company has no knowledge of when such a labor
force can be recruited-3 Of the Company's 26 employees in the
appropriate unit, only 4 or 5 are solely engaged in work on electronic
equipment. Inasmuch as the Company is thus using most of its em-
ployees in the manufacture of silverware, it would appear that the
present group of employees, though small in number, is sufficiently
representative of the group which may ultimately be employed. Al-
though the rate of turn-over among the Company's employees has
,been high, we see no reason to deny the benefits of collective bargain-
ing to the present, group because of the mere possibility that some
workers may not remain in the Company's employ. Therefore, in
view of the uncertainty as to when the contemplated expansion of the
Company's pay roll will occur and in consideration of the fact that
the Company's current personnel is producing silverware and thus
constitutes a substantial and representative group, we shall adhere
to our usual policy in such circumstances of directing an immediate
election.4
We shall, however, entertain a new petition for an investigation
and certification of representatives affecting the employees involved
herein within less than, a year, but not before the expiration of 6
months from the date of any certification we may issue in the instant
proceeding upon proof (1) that, the number of employees in the
appropriate .unit is more than double the number eligible to vote in
the election hereinafter directed; and (2) that the petitioner repre-
% The Company has apparently been attempting to recruit labor since August 1945,
when the war ended. On September 26, 1945, there were 25 employees in the proposed
unit and by November 9, 1945, the date of the hearing, the pay rpll had only been
expanded to 26 employees.
4 Matter of The General Tire and Rubber Company, 63 N. L. R. B. 182.
TUTTLE SILVER COMPANY, INC. 241
sents a substantial number of employees in the expanded appropriate
unit .5
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 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 Tuttle Silver
Company, Inc., Boston, 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 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 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 Jewelry Workers Union,
AFL, for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.
6 Matter of Aluminum Company of America, 52 N. L. R. B. 1040.
686572-46-17