W. L. Maxson Corp.

National Labor Relations Board - Board Decisions

May 20, 1943

49 N.L.R.B. 953 (N.L.R.B. 1943)

In the Matter of W. L. MAXSON CORPORATION and LOCAL 1217, UNITED
ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. O.
Case No. R-5316.-Decided May 20, 1943
Cravath, de,Gersdorff, Swaine cf Wood, by Mr. R. L. Gilpatric, of
New'York City, for -the Company.
Mr. Frank Scheiiner, 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 Local 1217, United Electrical, Radio &
Machine Workers of America, C. I. 0., herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of W. L. Masson Corporation, New York
City, herein called the Company, the'National Labor Relations Board
provided for an' appropriate hearing upon due notice before Sidney
Reitman, Trial Examiner. Said hearing was held at New York City
ml May 5, 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 prej-
udicial 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
W. L. Maxson Corporation is a New York corporation operating a
plant at New York City where it is engaged in the manufacture of
gun fire control and combat apparatus., During 1942 the Company
used raw materials valued in excess of $500,000, about 50 percent of
which was shipped to it from points outside the State of New York.
'During the same period the Company sold finished products valued
in excess of $500,000, approximately 90 percent of which was shipped
49 N. L. It. B., No. 137.
953-
954 DECTSIIO'NS OF NATIONAL LABOR RELATIONS BOARD
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.
11. THE ORGANIZATION INVOLVED
Local 1217, United Electrical; Radio & Machine Workers of America,
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 represen-
tative 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
We find, in accordance with a stipulation of -the parties, that all
hourly paid employees of the Company excluding foremen's hourly
paid clerks, office and administrative clerical employees, guards, execu-
tives, foremen,, supervisors, employees in the engineering, experimental
and personnel departments, and all other salaried employees, consti-
tute a unit appropriate for the purposes of collective bargaining, with-
in 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 Eby 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.
The Union requests that' it appea 'r"on the' ballot as'"U: E '.-C.' I.'O•.,
Local 1217 , United' Electrical , Radio & Machine Workers of America,
C: I.' O." The request is heereby granted.
The Regional Director, reported that the Union presented 410, membership application
cards bearing apparently genuine signatures of persons whose names appear on the April 18,
1943. pay roll of the Company There are approximately 948 persons in the a ppiopriate'umt.
t
W. L. MAXSON CORPORATION 955
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
DinEorrn that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with W . L. Maxson Cor-
poration , New York City ,'ah election by secret ballot shall abe conducted
as early as possible , but not later than thirty, (30)' days'froni the `date
of this Direction , under the direction and•supervision of the Regional
Director for the Second Region, acting in this matter as went for the
National Labor Relations Boardd "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 be-
cause they were ill or on vacation or temporarily laid off , and including
employees in'the 'arn'Ied forces of-the United States who present'them-
selves' 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 U. E.-C. I: 0:, Local , 1217 , United Electrical, Radio
& Machine Workers of America-, ' C.1. 0., for, the purposes of, collective
bargaining . „ , `..