General Time Instruments Corp.

National Labor Relations Board - Board Decisions

Feb 22, 1943

47 N.L.R.B. 859 (N.L.R.B. 1943)

In the Matter of SETH TI-IOMA5 CLOCKS, DIVISION OF GENERAL TIME
INSTRUMENTS CORPORATION and INTERNATIONAL UNION OF MINE,
MILL & SMELTER WORKERS, C. I. O. -
Case No. R-48,01.-Decided February 02, 1943
Jurisdiction : clock manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to recognize petitioner because of alleged existing contract ; contract
held no bar when petitioner gave notice of its claim prior to automatic
renewal date, and parties superseded automatic renewal by negotiating for
amended contract; election necessary.
Unit ;Appropriate for, Collective Bargaining : all., production and maintenance
1'employee's, excluding executives,'.foiemen;.:assistarit -foremen - on.., full-:time
supervisory work, office and clerical personnel, time-study men, engineers,
draftsmen, model makers, watchmen and guards.
Breed, Abbott cQ Morgan, by Mr. Thomas G. Kerwin, for the Com-
pany.
Leider, Witt & Cammer, by Mr. Irving R. Pressman, of New York
City, and Mr. J. C. Flaherty, of Waterbury, Conn., and Mr. Joseph
M. Simpson, of Thomaston, Conn., for the Union.
Mr. Joseph E. Gubbins, of counsel to the Board. -
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union of Mine, Mill &
Smelter Workers, affiliated with the C. I. 0., herein called the Union,
alleging that a question affecting commerce had arisen concerning
the representation of employees of the Seth Thomas Clocks, Division
of General Time Instruments Corporation, Thomaston, Connecticut,
herein called the Company,l the National Labor Relations Board
provided for an appropriate hearing upon due notice before John J.
Luneo, Trial Examiner.2 Said hearing was held at New York City,
The name of the Company was erroneously designated as "General Time Instrument
Corp, Seth Thomas Clock DiN ision" in the petition and some of the formal papers, all of
which were corrected by amendment at the hearing.
9 International Jewelry Workers Union, A. F. of L, was served with notice, but did not
appear at hearing.
47 N. L. R. B., No. 106. -
859
860 DEIOiSIIOT''S OF NATIONAL LABOR RELATIONS BOARD
on January 29, 1943. The Company and the Union appeared, par.
ticipated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to' introduce evidence bearing upon
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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Seth Thomas Clocks Division is a Division of General Time In-
struments, a Delaware corporation having its principal office and place
of business at Thomaston, Connecticut, where it is engaged in the
manufacture, sale, and distribution of clocks, timing instruments and
related products. The principal raw materials used are aluminum,
.brass, steel, and lumber. During the past 6.nionths, which is a repre-
sentative period in the Company's business, it purchased raw materials
valued at approximately $82,000, of which 60 percent was shipped to it
from places outside the State of Connecticut. During the same
period the Company manufactured finished products valued at ap-
proximately $1,071,000, of which amount approximately 90 percent
was shipped to places outside the State of Connecticut. The Com-
pany concedes that it is engaged in commerce within _the meaning of
the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Union of- Mine,, Mill & Smelter Workers, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING -REPRESENTATION
On November 27, 1942, the Union mailed a letter to the Company,
which was received on November 30, 1942, and in which the Union re-
quested a bargaining conference. On December 1, 1942, the Company
replied by letter stating that there was an existing contract between
the Company and the International Jewelry Workers Union, Local
116, affiliated with the A. F. of L., herein called the A. F. of L 3 On
December 4, 1942, the Ccmpany and the A. F. of L. held a conference,
at which time the subject of a closed-shop contract was discussed.
The record discloses that the Company refused to enter into such an
agreement and all negotiations between the 'parties came to an end.
'The contract was executed by the parties on December 29, 1941, to be in effect until
January 1, 1943, and from year to year thereafter unless either party gave 30 days' notice
before expiration of any particular contract year.
SETH THOMAS, CLOCKS 861,
On January 21, 1943, the office of the' Second Region of the Board was
advised by the A. F. of L:- that it would- not be represented at the
hearing and that it would not seek a place on the ballot in the event
an-election was ordered by the Board. The A. F. of L. also stated
that its contract with the Company had expired on January 1, 1943.
The Company contends that its contract with the A. F. of L. was
automatically renewed when neither party thereto gave the other
written notice of a desire to terminate 30 days prior to January 1,
1943, and that the contract constitutes a bar to a present, determination
of representatives. Hoi.'ever, as indicated above, the Union on No-
vember 30, 1942, requested recognition by the Company. Under these
circumstances, the contract does not constitute a bar' to an investigation
and certification of representatives.
A statement by the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found to be appropriate.4
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 accordance with a stipulation of the* parties,' that' all
production and maintenance employees, including set-up -men and
piece workers, but excluding executives, foremen, assistant foremen
on full time supervisory work, office and clerical personnel, time-study
men, engineers, draftsmen, model makers, watchmen and guards, con-
stitute a unit appropriate for the purpose of collective bargaining
within the meaning of Section 9 (b), of the Act.5'
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 Elec-
tion herein, subject to the limitations and additions set forth in the
Direction. ,
DIRECTION QF 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-
' The Union submitted 300 authorization cards, of which 293 bore apparently genuine
signatures , 262 of which were the names of persons listed on the Company's pay roll of
December 26, 1942, which pay roll included 628 names of employees within the appropriate
unit. The cards were dated as follows : 70 dated in October ; 171 dated in November ; 19
dated in December ; and 40 undated.
6 This is substantially the same unit as that covered by the contract
e
862. DECISIONS OF NATIONAL.,LABOR RELATIONS BOARD
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Seth Thomas
Clocks, Division of General Time Instruments Corporation, Thomas-
ton, 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 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, Sec-
tion .10, ;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 such 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 em-
ployees who have since quit or been discharged for cause, to deter-
mine whether or not they desire to be represented by International
Union;of,;Mine,-Mill & Smelter- Workers; affiliated with the C. I. 0.,
for the`=purp©ses'of collecta,ve },a -gaining.