The Guold Mersereau Co., Inc.

National Labor Relations Board - Board Decisions

Apr 17, 1945

61 N.L.R.B. 601 (N.L.R.B. 1945)

In the Matter of THE GouLD MERSEREAU CO., INC. and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENIj
WORI3;ERS OF AMERICA , C. I. O.
Case No. 2-R-5320.Decided April 17, 1945
Mr. Jacob Fogelson, of New York City, for the Company.
Droisen cQ Marcus, by Mr. Julius Droisen, of New York City, for
the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union, United Auto-
mobile, Aircraft & 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
The Gould Mersereau Co., Inc., Long Island City, New York, herein
called the Company, the National Labor Relations Board provided
for an appropriate' hearing upon due notice before John J. Cuneo,
Trial Examiner. Said hearing was held at New York City, on Mai ch
19, 1945. The Company and the Union appeared, participated, and
were afforded full opportunity 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
The Gould Mersereau Co., Inc., is a New York corporation operat-
ing a plant at Long Island City, New York, where it is engaged in
the manufacture of metal parts for ordnance materials. During the
61 N. L R. B, No. SR.
601
602 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
12-month period ending March 7, 1945, the Company purchased raw
materials valued in excess of $100,000, approximately 75 percent of
which was shipped to it from points outside the State of New York.
During the same period the Company manufactured products valued
in excess of $500,000, about 75 percent of which was shipped to points
outside the State of New York.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft Agricultural
Implement Workers of America is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to membership
employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
On January 16,1945, the Union requested the Company to recognize
it as the exclusive collective bargaining representative of the Com-
pany's employees. The Company refused this request.
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
We find, in agreement with a stipulation of the parties, that all
production and maintenance employees of the Company, excluding
salesmen , office clerical employees, and all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise 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
i The Field Examiner reported that the Union presented 47 authorization cards. There
are approximately 106 employees in the appropriate unit.
THE GOULD MERSEREAU CO., INC. 603
Election herein, subject to the limitations and additions set forth in
the Direction.
The Union requests that it appear on the ballot as "U.A.W.-C.I.O."
The request is hereby granted.
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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations 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 The Gould Mer-
sereau Co., Inc., Long Island City, 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 Second 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 Reg-
ulations, among the employees in the unit found appropriate in
Section IV, above, who were employed during the pay-roll period im-
mediately 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 havt not been rehired or reinstated prior to the date of
the election, to determine whether or not they desire to be represented
by U. A. W.-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.