Wingcraft Manufacturing Corp.Download PDFNational Labor Relations Board - Board DecisionsOct 6, 194458 N.L.R.B. 804 (N.L.R.B. 1944) Copy Citation In the Matter Of WINGCRAFT MANUFACTURING CORP. aiul LOCAL 1225, UNITED ELEC TRICAL , RADIO & MACHINE WORKERS OF AMERICA, C. 1. O. Case No. 2-R-4920,0.-Decided October 6,1944 Protter di Bagley, by Mr. Julius E . Bagley of New York City, 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 Local 1225, United Electrical, Radio & Machine Workers of America, C. I. 0., herein called the Union, alleg- ing that a question affecting commerce had arisen concerning the repre- sentation of employees of Wingcraft Manufacturing Corp., New York City, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Jerome I. Macht, Trial Examiner. Said hearing was held at New York City, on September 8, 1944. The Union appeared at and participated in the hearing All parties 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 hear- ing are free from prejudicial error and are hereby affirmed. All par- ties were afforded opportunity to file briefs with the Board. 'Although the Company was served with Notice of Hearing , it did not appear. On the evening preceding the hearing a Mr. Weiner called the Regional Director and requested that the hearing be postponed because the Company's attorney was on vacation . Mr Weiner refused to identify himself or disclose the identity of the Company 's attorney . Mr. Weiner was informed that any such request should be made in writing. The hearing started in the instant proceeding at 10: 30 a . in , on September 8, 1944. At 11 : 40 a m. that day the Trial Examiner received a letter from Mr. Weiner requesting a postponement of the hear- ing. However , Mr. Weiner again failed to disclose the name of the Company's attorney, nor did he appear personally . Tyre Regional Director, prior to the hearing , subpoenaed M. Cowan, the president of the Company , and also issued a subpoena duces tecum for certain of the Company 's records . Neither M. Cowan nor the Company heeded the subpoena. Under all the circumstances we find that the Company has not been prejudiced in any way. 58 N. L . R. B.. No. 157. no WINGCRAFT MANUFACTURING CORP. 805 Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Wingcraft Manufacturing Corp. is a New York corporation with its principal place of business at New York City, where it is engaged in the manufacture of tools and dies. Approximately 90 percent of the raw materials used by the Company is shipped to it from points outside the State of New York. During the last 6 months of 1943 the Company produced products valued at about $60,000, approxi- mately 80 percent of which was shipped to points outside the State of New York. We find that the Company is engaged in commerce within the mean- ing of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Local 1225, United Electrical, Radio & Machine Workers of Amer- ica, is a labor organization affiliated with the Congress of Industrial Organizations , admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive collec- tive bargaining representative of the Company's employees. 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 ertiplayees,k the, Company, within the meaning of 8ectioi 9 (c) and.Section 2 (t) "and" (7) of the Act. IV. THE APPROPRIATE UNIT The Union urges that all production, maintenance, and shipping employees of the Company, excluding salesmen, office and clerical em- ployees, executives, foremen, and all other supervisory employees, constitute an appropriate unit. Evidence introduced at the hearing indicates that the employees claimed by the Union constitute a well- defined homogeneous group. We find that all production, maintenance, and shipping employees of the Company, excluding salesmen, office and clerical employees, execu- 4 The Field Examiner reported that the Union presented 25 membership application cards. There are approximately 25 employees in the appropriate unit. 806 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tives, foremen, and any 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 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. 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 Wirigcraft Manu- facturing Corp., New York City, 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 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, among the em- ployees 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 any 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 Local 1225, United Electrical, Radio & Machine Workers of America, affiliated with the C. I. O., for the purposes. of collective bargaining. Copy with citationCopy as parenthetical citation