United States Instrument Corp.

National Labor Relations Board - Board Decisions

Mar 13, 1943

48 N.L.R.B. 40 (N.L.R.B. 1943)

In the Matter Of UNITED STATES INSTRUMENT CORPORATION and UNITED
ELECTRICAL , RADIO & MACHINE WORKERS OF AMERICA , LOCAL 407
Case No. R-4949.-Decided March 13, 1943
Jurisdiction : telephones manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to recognize union until certified by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all hourly paid employees excluding
office and supervisory employees , guards, laboratory employees, and working-
foremen.
Rathbone, Perry,.Kelley de Drye, by Mr. T. R. Iserman and Mr..
Donald Hastings, of New York City, for the Company.
Mr. Samuel L. Rothbard, of Newark, N. J., 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, Local 407, herein called the Union, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of United States Instrument Corporation, East
Orange, New Jersey, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Daniel Baker, Trial Examiner. Said hearing was held at New
York City on March 1, 1943. The Company and the Union appeared,.'
participated, and were afforded full opportunity to be heard, to exam-
ine and cross-examine witnesses, , and to introduce evidence bearing
on the issues. During the course of the hearing the Union moved to
amend its petition. The Trial Examiner reserved rulings. , The mo-
tions are hereby granted. The Trial Examiner's rulings 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 .
48 N. L. R. B., No. 9.
40
UNITED STATES INSTRUMENT CORPORATION
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
41
United States Instrument Corporation is- a New Jersey corporation
with its principal place of business at East Orange, New Jersey, where
it is engaged in the manufacture of sound powered telephones. During
1942 the Company purchased raw materials valued in excess of
$200,000, 50 percent of which was shipped to it from points outside the
State of New Jersey. During the same period, the Company manu-
factured products valued in excess of $500,000, 90 percent of which was
shipped to points outside the State of New Jersey.
II. THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America, Local 407,
is a labor organization affiliated with the Congress of Industrial Or-
ganizations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as exclusive represent-
ative of 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
The Union urges'that all hourly paid employees of the Company,
excluding office and supervisory employees, guards, laboratory em-
ployees, and the working foreman,-' constitute an appropriate unit.
The Company stated that it had no objection to this unit.
We find that all hourly paid employees of the Company, excluding
office and supervisory employees, guards, laboratory employees, and
the working foreman, constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of .Section 9 (b) of the
Act.
1 The Regional Director reported that the Union presented 64 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany 's pay roll of February 6, 1943. There are approximately 101 employees - in the . appro-
priate unit.
42 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 means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period" immediately preceding, they 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 Rela-
tions 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 United States In-
strument Corporation, East Orange, New Jersey, 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, 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 hive 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, Local 407, affili-
ated with the Congress of Industrial Organizations, for the purposes
of collective bargaining.
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