K. R. Wilson

National Labor Relations Board - Board Decisions

Jun 15, 1944

56 N.L.R.B. 1414 (N.L.R.B. 1944)

In the Matter of K. R. WILSON and, INTERNATIONAL UNION, UNITED
AUTOMOBILE,' AIRCRAFT AND- AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA, C. 1. 0.
'Case No. 3-R-796.-Decided June 15, 1944
,Mr. George E. Strebel, of Buffalo, N. Y., for the Company.
Mr. George S. Wilson, of Buffalo, N. Y., for the Union.
Mr. Louis Cokin, of counsel 'to the Board.
If
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed,by International Union, United Auto=
mobile, Aircraft and Agricultural Implement Workers of America,
C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
K. R. Wilson, Arcade, New York, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Peter J. Crotty, Trial Examiner. • Said hear-
ing was, held at Buffalo, New York, on May 19,'1944. The Company
and the Union appeared, participated, and were afforded full op-
portunity 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' 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
K. R. Wilson operates a plant at Arcade, New York, where he is
engaged in the manufacture of hydraulic arbor presses and special
tools for servicing auto equipment. During 1943 the Company pur-
56 N. L. R. B., No. 255. -
1414 ' -
K. R. WILSON 1415
chased raw materials valued in excess of $250,000, a substantial por-
tion of which was shipped to it from points outside the State of New
'York. During the same period the Company manufactured products
valued at about $2,335,000, approximately 75 percent of which was
shipped to points outside the State of New York. _
The Company admits, for the purpose of this proceeding,, that 'it is
engaged in commerce within'the'meaning of the National Labor Rela-
tions Act.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America, 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 col-
lective bargaining representative of its employees.
A statement of a Field Examiner ' of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub
stantial 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
The Union urges that all production and maintenance employees
of the Company, including shop production clerks, but, excluding
guards, watchmen, and supervisory, office, and clerical employees,
constitute an appropriate unit. The only controversy with respect to
the unit concerns guards and watchmen. The Company urges that
they be included in the unit.
The Company employs two guards who are sworn auxiliary mili-
tary police.and in addition are deputized by the county of Wycoming,
New York. In accordance with' our usual practice, we shall exclude
such employees from the unit. In addition, the Company employs
nine watchmen who act as roundsmen and also perform manual labor'
around the plant on occasion. It appears that their duties are those
normally performed by watchmen, rather than those performed by
guards. We shall include the watchmen in the unit.
I
'The Field Examiner reported that the Union presented 122 authorization cards. There
are approximately 203 employees in the appropriate unit
1416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that all production and maintenance employees of the
Company, including shop production clerks and watchmen, but exclud-
ing office and clerical employees, guards, and all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise 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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with K. R. Wilson,
Arcade, 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, 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 election, to determine whether
or not they desire to be represented by International Union, United
Automobile, Aircraft and Agricultural Implement Workers of
America, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining.