Ulster Knife Co. Inc.

National Labor Relations Board - Board Decisions

Jun 17, 1943

50 N.L.R.B. 726 (N.L.R.B. 1943)

In the Matter ' of ULSTER KNIFE Co. INC., and METAL POLISHERS,,
BUFFERS, PLATERS & HELPERS INTERNATIONAL UNION , LOCAL 'No.
56, A. F. of L. -
Case No. R-5509.-Decided June 17, 1943
Mr. Charles M. Siegfried, of New York-City, for the Company.
Mr. Jerome Y. Sturm, 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 petition duly filed by Metal Polishers, Buffers, Platers &
Helpers International Union, Local No. 56, A. F. of L., herein called
the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of Ulster Knife Co. Inc.,,
Ellenville, New York, herein- called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Frederick R. Livingston, Trial Examiner. Said
hearing was held at Ellenville, New York, on. June 7, 1943. The
Company and the Union appeared, participated, and were afforded
full opportunity td be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing on the issues. The Trial
Examiner's ruling made at the hearing are free. from prejudicial
error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Ulster Knife Co. Inc., is a New York corporation with its prin-
cipal plant at Ellenville, New York, where it is engaged in the
manufacture, sale and distribution of weapons and knives. During
the 12-month period preceding May 1, 1943, the Company purchased
which was shipped to it from points outside the State of New York.
50 N. L. R. B., No. 101.
726
ULSTER KNIFE CO. INC. , 727
During the same period the Company sold finished products valued
in, excess of $500,000, approximately 90 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.
II. THE ORGANIZATION INVOLVED
Metal Polishers, Buffers, Platers & Helpers International Union,
Local No . 56, 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 the Union as the exclusive col-
lective bargaining representative o_f its employees until such time as
the Union is certified by the Board.
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 Act.
IV. THE APPROPRIATE UNIT '
We find, in accordance with a stipulation of the parties, that all
hourly paid employees of the Company, including maintenance em-
ployees and stock clerks, but excluding supervisory employees, exec-
utives, foremen, office clerical employees, guards and watchmen, 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 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 La-
bor Relations Board by Section 9 (c) of the National Labor Relations
t
' The Regional Director reported that the Union presented 186 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany's pay roll of May 28 , 1943. There are approximately 220 employees in the appropriate
unit.
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728 DE ASTONS OF NATTIONAL LABOR RELA.TIONSI BOARD
A et, and pursuant to ,A'r'ticle III, Section 9; of National Labor Rela-
tions Board Ruled and Regulations-Series 2, as amended, itis hereby
DUCTED that, as part of the investigation to` ascertain representa-
tives for the purposes of collective bargaining with Ulster Knife Co.
Inc. Ellenville, New York, an election by secret ballot shall be con-
ducted 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, Section 10, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed 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 Metal Polishers, Buff-
ers, Platers & Helpers International Union, Local No. 56, affiliated
with the American Federation. of Labor, for the purpose of collective
bargaining.
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