Sargent & Co.

National Labor Relations Board - Board Decisions

Jun 30, 1943

50 N.L.R.B. 1029 (N.L.R.B. 1943)

In the Matter of SARGENT & COMPANY and UNITED ELECTRICAL, RADIO
& MACHINE WORKERS' OF AMERICA, C. I. O.
Case No. R-5469-Decided June 30, 1943
Wiggin ct; Dana, by Mr . Frank E. Callahan , of New Haven, Conn.,
for the Company.
Mr. Vincent Romeo, of West Haven, Conn ., 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 Electrical, Radio & Machine
Workers of America, C. I. 0., herein called the Union, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Sargent & Company, New Haven, Connecticut,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Samuel G.
Zack, Trial Examiner. Said hearing was held at New Haven, Con-
necticut, on June 1, 1943. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bearing
on the issues. The Trial Examiners 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
Sargent & Company is engaged in the manufacture of hardware at
New Haven, Connecticut. Some of the raw materials used by the
Company are shipped to it from points outside the State of Con-
necticut. A majority of the finished products of the Company is
shipped to points outside the State of Connecticut.
50NL11B,No151.
1029
586105-44-66 _
1030 DECISIONS' OFF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine 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
Prior to April 20, 1943, the Union, claiming to represent a majority
of the Company's watchmen, requested the Company to recognize it as
the exclusive collective bargaining representative of such employees.
The Company refused this request until such time as the,Board deter-
mines the appropriate unit.
A statement of 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.'
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 National Labor
Relations Act.
IV.,THE APPROPRIATE UNIT
The Union contends that all watchmen employed by the Conip'any,
excluding guards, constitute an appropriate unit. The Company
contends that, inasmuch as the Union now represents the Company's
production and maintenance employees, it should not also represent
watchmen, but that in any event, guards should be included with a
unit of watchmen.
We shall, in accordance with our usual practice,' permit the same
labor organization to bargain for the production and maintenance
employees and the watchmen in separate units.'
The watchmen, unlike the guards, do not wear uniforms nor are they
sworn as auxiliary United States Military Police. There is a pay
differential between the watchmen and guards, and the duties of the
watchmen are primarily to patrol the inside of the Company's build-
ings'for the purpose of fire prevention while the guards are assigned
to duties outside the buildings. Although the guards and watchmen
are under the supervision of a common foreman, sAie of the em-
ployees in the production and maintenance unit are also under this'
foreman. Since we are of the opinion that the duties and status of
watchmen are sufficiently different from those of guards -to warrant
1 The Regional Director reported that the Union presented four membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany's pay roll of May 10, 1943. There are four employees in the appropriate unit.
2 See Matter of Chrysler Corporation, Highland Park Plant, 44 N. L R B 881 ; Matter
of McCormick Works, International Harvester Company, 44 N. L. R. B. 1332; Matter of
Jones cl Laughlin Steel Corporation, Otis Works, 49 N L R B. 390.
i
1
SARGENT &' COMPANY 1031
treating the two , groups separately , we 'find that a unit limited to
watchmen is appropriate. '
We find that all watchmen employed by the Company, excluding
guards, and all supervisory employees with authority to Hire, pro-
mote, discharge , discipline , or otherwise effect changes in'the status of
employees , or effectively recommend such action , constitute a unit ap-
propriate for the purposes of collective bargaining , within the meaning
of Section 9 (h) of the Act.
11
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 2, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Sargent & Com-
pany, New Haven, 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 First 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
said pay-roll period because they were ill or on vacation or tem-
porarily 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, to
determine whether or not they desire to be represented by United
Electrical, Radio & Machine Workers of America, C. I. 0., for the
purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.