Farrel-Birmingham Co., Inc.

National Labor Relations Board - Board Decisions

Jan 29, 1945

60 N.L.R.B. 254 (N.L.R.B. 1945)

In the Matter Of FARREL-BIRMINGHAM COMPANY , INC., and UNITED
STEELWORKERS OF AMERICA , C. I. O.
Case No. 1-RD201.Decided January 29, 1945
Mr. -William Larkin, of Waterbury, Comi., for the Company.
Grant f Angoff , by Mr. Harold Roitman, of Boston, 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 com-
merce had arisen concerning the representation of employees of Farrel-
Birminghom Company, Inc., Derby, Connecticut, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Samuel G. Zack, Trial Ex-
aminer. Said hearing was held at New Haven, Connecticut, on
January 9, 1945. The Company and the Union appeared at and
participated in the bearing.' All parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings 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
I. THE BUSINESS OF THE COMPANY
Farrel-Birmingham Company, Inc., operates plants at Buffalo, New
York, and at Derby and Ansonia, Connecticut. We are here con-
' Although Shop Committee was served with Notice of Hearing , it did not appear.
60 N. L. R. B, No. 53.
254
FARREL-BIRMINGHAM COMPANY, INC. 255
cerned with its Derby and Ansonia plants, where it is engaged-in the
manufacture of heavy machinery and castings. From May to October
1944, the Company purchased over $3,000,000 worth of raw materials,
over 50 percent of which was shipped to it from points outside the
State of Connecticut. During the same period the Company manu-
factured products valued at about $7,000,000, over 50 percent of which
was shipped to-points outside the State of Connecticut.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED-
United Steelworkers df America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION.
The Company refuses to recognize the Union as exclusive collective
bargaining representative of the employees at the Derby and Ansonia
plants.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substan-
tial number of employees in the unit hereinafter found to be appro-
priate.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
We find, in substantial agreement with a stipulation of the parties,
that all production and maintenance employees at the Derby and
Ansonia, Connecticut, plants of the Company, excluding employees
in the pattern department, employees in the engineering department,
laboratory employees, office and clerical employees, watchmen, guards,
executives, foremen, assistant foremen, group leaders, and any other
supervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, constitute a single unit appropriate for
the purposes of collective bargaining, within the meaning of Section
9 (b) of the Act.
2 The Field Examiner reported that the Union presented 569 membership application
cards. There are about 1,276 employees in the appropriate unit. -
256 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Rela-
tions 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 Farrel-Birming-
ham Company, Inc., Derby, Connecticut, 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 any who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the elec-
tion, 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.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.