The Yale & Towne Manufacturing Co.

National Labor Relations Board - Board Decisions

Feb 25, 1943

47 N.L.R.B. 1044 (N.L.R.B. 1943)

O
In the Matter of THE YALE & TOWNE MANUFACTURING COMPANY and.
METAL POLISHERS, BUFFERS, PLATERS AND HELPERS INTERNATIONAL
UNION, A. F. L.
Case No. R-4901.-Decided February 05, 1943
Jurisdiction : lock manufacturing industry
Investigation and Certification of Representatives : existence of question : recog-
nition.', refused until, either orkanization obtained certification, of the Board ;
election necessary.
Unit Appropriate for Cpllective Bargaining : all buffers, polishers, platers,
platers' helpers, sprayers, laequerers, and hand painters at one of the company's
plants, excluding clerical employees and supervisors ,; stipulation as to.
Mr. Frederick R. Livingston, for the Board.
Porter d;' Taylor, of Stamford, Conn., for the Company.
Mr. John J. Flynn, of Brooklyn, N. Y., for the Polishers.
Mr. Roland Lounsbury, of Stamford, Conn., for the Association.
Mr. Lou.;,, l7okin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by Metal'Polishers,
Buffers, Platers and Helpers International Union, A. F. of L., herein
called, the Polishers, alleging that a question affecting commerce
had arisen' concerning the, representation of^ employees of The 'Yale
& Towne Manufacturing Company, Stamford, Connecticut, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice.
Before a hearing was held, the Company, the Polishers, The Yale &
Towne Employees' Association, herein called the Association, and an
attorney for the Board entered into a stipulation containing an
agreed' statement of 'facts and expressly waiving the holding of a
hearing by the Board. `The Board hereby approves the stipulation.
47 N. L. R B., No. 133.
1044
THE YALE '& TOWNE MANUFACTURING 'COMPANY 1045
Upon the entire record in the case, the Board makes the following :
FINDINGS , OF FACT
1. THE BUSINESS OF THE COMPANY
' The Yale & Towne Manufacturing Company is a Connecticut cor-
poration with its principal office and place of business at Stamford,
Connecticut, where it is engaged in the manufacture of locks, hard-
ware, and related products. The Company purchases approximately
$2,000,000 worth of raw materials annually, about 50 percent of which
is shipped to it from points outside the State of Connecticut, and
manufactures finished products valued at about $11,000,000 annually,
approximat,:'v 50 percent of which is shipped to points outside the
State of Connecticut. The Company admits, for the purposes of 'these
proceedings, that it is engaged in commerce within the meaning of
ti;° National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED ,
The Yale & Towne Employees' Association is an unaffiliated labor
organization, admitting to membership employees of the Company.
Metal Polishers, Buffers, Platers and Helpers International Union
is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize either the Polishers or the
Association as the exclusive representative of certain of its employees
until such time as one or the other is certified by the Board.
A statement of the Regional Director, appended to the stipulation,
indicates that the Polishers represents a substantial number of em-
ployees 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
buffers, polishers, platers, platers' helpers, sprayers, lacquerers, and
hand painters in rooms 24, 45, 44; 105, and 25 at the Stamford plant
I The Regional Director reported that the Polishers presented 49 dues books or mem-
bership application cards bearing apparently genuine signatures of persons whose names
appear on the Company 's pay roll of January 31, 1943 There are approximately 160
employees in the appropriate unit The Regional Director further reported that the
Association presented 35 membership application cards bearing apparently genuine sig-
ratures of persons whose names appear on the January 31 , 1943, pay roll.
1046 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
.of the Company, excluding clerical employees and supervisors, con-
stitute 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 be -
resolved by an election by secret ballot among the employees within
the 'appropriate unit who were employed during the pay-roll period
ending January 31, 1943,2 subject to the limitations and additions
set forth in the Direction of Election herein.
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 Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to : ascertain represent-
atives for the purposes of collective bargaining with The Yale &
Towne Manufacturing Company, Stamford, 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 direc-
tion 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, 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 ending Janu-
ary 31, 1943; including any such, 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 they desire to be represented by Metal Polishers, Buffers,
Platers and Helpers International Union, affiliated with the American
Federation of Labor, or by The Yale & Towne Employees' Associa-
tion, for the purposes of collective bargaining, or by neither.
MR. WM. M. LEISERSON took no part in the consideration of the
above Decision and Direction of Election.
2 The parties stipulated that this pay roll be used to determine eligibility to vote.