The Rudolph Wurlitzer Co.

National Labor Relations Board - Board Decisions

Jul 20, 1943

51 N.L.R.B. 536 (N.L.R.B. 1943)

In the Matter of THE RUDOLPH WURLITZER COMPANY and UNITED
ELECTRICAL , RADIO AND MACHINE WORKERS OF AMERICA, C. I. O.
Case No. R-5631. Decided July 20, 1943,
Mr. Morris C. Bristol, of Chicago, Ill., for the Company:
Mr. Emanuel J. Fried, of Buffalo, N. Y., for the Union.
Mr. Willian C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio and 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 The Rudolph Wurlitzer Company, North Tona-
wanda, New York, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due no-
-tice before Peter J. Crotty, Trial Examiner. Said hearing was held
at Buffalo, New York, on July 2, 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 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
II. THE BUSINESS OF THE COMPANY
The Rudolph Wurlitzer Company, an Ohio corporation is engaged
at its plant located at North Tonawanda, New York, in the manufac-
ture of airplane parts, tools, music boxes, and various kindred prod-
ucts. From January 1, 1943, to June 30, 1943, the Company used raw
materials valued in excess of $2,000,000, approximately 85 percent of
which represents shipments made to the Company from points outside
51 N. L. R. B., No. 99.
536
THE RUDOLPH WURLITZER COMPANY , 537
the State of New York. During the same period, the Company'manu-
factured finished products valued in excess of $4,000,000, approxi-
mately 95 percent of which represents shipments made by the Com-
pany 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.
II. THE ORGANIZATION INVOLVED
United Electrical, Radio and Machine Workers of America is a
labor organization affiliated with the Congress of Industrial Organi-
zations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that the Company refuses to recognize the
Union as the exclusive bargaining representative of its employees in
an alleged appropriate bargaining unit unless and until the Union
is duly certified by the Board.
A statement by 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 accordance with the stipulation of the parties, that all
production and maintenance employees employed by the Company,
at its North Tonawanda, New York, plant, including inspectors, stock
chasers, tool room employees, stockroom employees, and nurses, but
excluding executives and all other supervisory employees with author-
ity to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively recommend such action,
office and clerical workers, production clerks, timekeepers, watchmen
and guards, engineering department employees, model shop employees,
and canteen employees, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act. e
1 The report of the Field Examiner states that the Union submitted 327 application -for-
membership cards bearing apparently genuine signatures of persons whose names appear
on the Company's pay roll of June 9, 1943, which pay roll contains the names of 780 per-
sons within the alleged appropriate unit.
538 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 our Direction of Elec-
tion, 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 The Rudolph
Wurlitzer Company, North Tonawanda, 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 of Election,
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 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, to determine whether or not they desire to be represented
by United Electrical, Radio and Machine Workers of America,
C. I. 0., for the purposes of collective bargaining.