Jamestown Metal Equipment Co., Inc.

National Labor Relations Board - Board Decisions

Jun 25, 1943

50 N.L.R.B. 839 (N.L.R.B. 1943)

In the Matter of. JAMESTOWN METAL EQUIPMENT CO., INC. ,and
INTERNATIONAL ASSOCIATION OF MACHINISTS , LODGE No. 1240
Case No. R-5504..Decided June 25, 1943
Mr. J. R. Rogerson, of Jamestown, N. Y., for the Company.
Mr. George K. Nelson, of Jamestown, N. Y., 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 International Association of Machin-
ists , Lodge No. 1240, herein called the Union, alleging that- a ques-
tion affecting commerce had arisen concerning the representation of
employees of Jamestown Metal Equipment Co., Inc., Jamestown,
New York, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Francis V. Cole, Trial Examiner. Said hearing was held at James-
town, New York, on June 1, 1943. The Company and the Union
appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. - At the close of the hearing counsel for
the Company moved to dismiss the petition. The Trial Examiner
reserved ruling. The motion is hereby denied. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error
and are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE,BUSINESS OF THE COMPANY
Jamestown Metal Equipment Co., Inc., is a New York corporation
operating two plants at Jamestown, New York. We are here con-
cerned solely with its Blackstone Avenue plant where it is engaged
in the machining. of metal parts. All parts machined by the Com-
50 N L. R. B., No. 121.
839
840 DECISIONS OF NAfTIONAL LABOR RELATIONS BOARD
any are shipped to it from ,pouts withinI the State of New-York,
and approximately 2 ,percent of- the machine parts are hereafter
shipped to points outside the State of New York. Ninety-five percent
of all work performed by the Company at its Blackstone Avenue plant
is for the Buffalo Arms Corporation, Buffalo, New York. The Buffalo
Arms Corporation is engaged in the manufacture of guns for the
United States Government. From January 1, 1943, to May 14, 1943,
the Company received approximately $80,000 for machining parts at
its Blackstone Avenue plant. We find, contrary to the contentions
of the Company, that the Company is engaged in commerce within
the meaning of the National Labor Relations Act. -
II. THE ORGANIZATION INVOLVED
International Association of Machinists; Lodge No. 1240, is a labor
organization, admitting to membership employees of the Company.
HI. THE QUESTION CONCERNING REPRESENTATION
On April 28,1943, the Union requested the Company to recognize it as
the exclusive collective bargaining representative of the employees at
the Blackstone Avenue plant. The Company refused this request.
A statement of the Trial Examiner, read into evidence at the hear-
ing, 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 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 at the Blackstone Avenue
plant of the Company, including watchmen, but excluding employees
sent temporarily to the Blackstone Avenue plant for the purpose of
repairing machinery and supervisory employees, 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
' The Trial Examiner reported that the Union presented 27 authorization cards bearing
apparently genuine signatures of persons whose names appear on the Company's pay roll
of June 1, 1943. There are 32 persons in the appropriate unit
JAMESTOWN METAL EQUIPMENT CO., INC. 841
of Election herein, subject to the limitations- and additions set forth
in the Direction.
DIRECTION OF ELECTION
I
By virtue of and puprsuant 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 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to 'ascertain representa-
tives for the purposes of collective bargaining with Jamestown Metal
Equipment Co., Inc., Jamestown, New York, 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, Third 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 employed during the pay-roll period immediately
preceding the date of this Direction,. including employees who did
not work during the 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 dis-
charged for cause, to 1 determine whether or not they desire to be
represented by International Association of Machinists, Lodge No.
1240, for the purposes of collective bargaining.
CHAIRMAN MILLIs took no part in the consideration of the above
Decision and Direction of Election.