Wire Machinery Corp. of America, Inc.

National Labor Relations Board - Board Decisions

Jun 11, 1943

50 N.L.R.B. 445 (N.L.R.B. 1943)

In -the Matter of WIRE MACHINERY CORPORATION OF AMERICA, INC. and
LOCAL B-90, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
A. F. OF IL.
Case No. R-5420.-Decided June 11, 1943,
Mr. Arthur J. Roetting, of New Haven, Conn., for the Company.
Mr. Joseph T. Rourke, of New Haven, Conn., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
'Upon petition duly filed by Local B-90, International Brotherhood
of Electrical Workers, A. ,F. of L., herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre=
sentation of employees of Wire Machinery Corporation of America,
Inc., New Haven, Connecticut, herein' called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before John W. Coddaire, Jr., Trial Examiner. Said
hearing\ was held at New Haven, Connecticut,, on May 25, 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.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Wire Machinery Corporation of America, Inc., a Connecticut' cor-
poration, with its place of business located in New Haven, Connecticut,
is engaged in the manufacture of wire striding and cabling machin-
ery. _ It purchases annually raw materials valued in excess of $50,000,
nearly' all of which are shipped to the Company from points outside
the State of Connecticut. Its annual sales are in excess of $100,000; of
50 N. L. R. B, No. 70.
445
446 'DEiOiISIONS OF NATIONAL LABOR. RE ATIONIS' BOARD
which approximately 90 percent is shipped to points outside the State
of Connecticut. The Company admits that it is engaged in commerce
within the meaning of the National Labor.Relations Act.
II. THE ORGANIZATION INVOLVED
Local B-90, International Brotherhood of Electrical Workers, is "a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about April 30, 1943, the Union requested that it be recog-
nized as the exclusive bargaining representative of the Company?s-
employees. The Company refused to grant such recognition until,
there had been a determination and certification 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 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
In accordance with a stipulation of the parties, we find that all
production and maintenance employees of the Company, including
lead men,2 but excluding the plant superintendent, office and' clerical
employees, chief, engineer, mechanical design engineer and the assist-
ants in the engineering department, constitute 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 an election by secret- ballot among the em-
ployees in the appropriate unit who were employed during the pay-
3 The Regional Director reported that the Union submitted 35 designation cards , bearing
apparently genuine original signatures and containing names of persons appearing upon
the Company 's pay roll of May 10, 1943 . This pay roll contains 63 names in the appro-
priate unit.
' The lead men are regular production employees who have no right to hire or discharge.
The only,control they exercise is over the work of,apprentices who, as soon as they finish
the work laid out for them are directed by the lead men to their next job The lead men
receive no higher pay than other workmen and the same overtime pay. They receive no
greater benefits than any of the workmen.
WIRE MACHINERY CORPORATION OF AMERICA, INC. 447
roll period immediately preceding the date of our Direction ' of
Election, subject to the limitations and additions set forth, therein.
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 Wire Machinery
Corporation of America, Inc., New Haven, 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
direction and supervision ' of the Regional Director for the First
Region, acting in this matter as agent for the National Labor Rela-
tions 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 in
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 those employees who have since quit or
been discharged for-cause, to determine whether or not they desire
to be.represented by Local B-90, International Brotherhood of Elec-
trical Workers, affiliated with the American Federation of Labor, for
the purposes of collective bargaining.