Zimmer-Thomson Corp.Download PDFNational Labor Relations Board - Board DecisionsJun 11, 194350 N.L.R.B. 448 (N.L.R.B. 1943) Copy Citation In the Matter of ZIMMER-THOMSON CORPORATION and FURNITURE WORKERS UNION LOCAL 76B, UNITED FURNITURE WORKERS OF AMERICA, C. I. O. Case No. B-5448.-Decided June 11, 1943 Mr. John B. Thomson, of Long Island City, N. Y., for the Company. Mr. Harry Weinstock, 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 Furniture Workers Union Local 76B, United Furniture Workers of America, C. I. 0., herein called the Union, alleging that •a question affecting commerce had arisen con- cerning the representation of employees of Zimmer-Thomson Cor- poration, Long Island City, New York, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Frederick R. Livingston, Trial Ex, aminer. Said hearing was held at New York City on May 27, 1943. The Company and the Union appeared, participated, and were af- forded 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 I. THE BUSINESS OF THE COMPANY Zimmer-Thomson, Corporation is a• New York corporation with its principal place of business 'at Long Island City, New York, where it is engaged in the manufacture, sale, and distribution of- stretchers. Approximately 95 percent of all raw materials used by the Company 50 N. L. R. B., No. 71. 448 ZIMMER-THOMSON - CORPORATION 449 is shipped to it from points outside the State of New York. In the 12-month period ending May 1, 1943, the Company sold finished prod- ucts valued at about $500,000, approximately 95 percent of which was shipped to points outside the State of New York. All stretchers manufactured and sold by the Company' are manufactured for the exclusive use of the United States 'Army and Navy. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. TIDE ORGANIZATION INVOLVED Furniture-Workers Union Local 76B, United Furniture'Workers of America, is a labor organization affiliated with the Congress of Indus- trial Organizations, admitting to membership employees of, the Company. - III. THE QUESTION CONCERNING REPRESENTATION On April 16, 1943, the Union, claiming to represent a,majority of the' Company's employees, requested the Company to recognize it as the exclusive collective bargaining representative of its employees. The Company denied this request. 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 production and maintenance employees at the 44-16 23rd Street ,' 11-42 44th Drive, and Relay and Review Avenues plants of the Company, including foremen who spend more than , 50 percent of their time performing manual duties relating to production or maintenance, but excluding supervisory , clerical , and managerial employees , constitute it unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. V- THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by means of an election by secret ballot. The secretary of the Company testified at the hearing that, since , The Regional Director reported that the Union presented 60 authorization cards bear- ing apparently genuine signatures of persons whose names appear on the Company's pay roll of April 28, 1943 . There are 100 employees in the appropriate unrt:. 450 DWSQONS OF NATIONAL LABOR RELATIl'ONS, BOARD he was notified by the Army Department on 'the morning of the hear- ing that the Company should cease further production until August 1943, an election should not be held in the immediate future. The Union urges that an immediate, election be held. The secretary further testified that production will not stop until'the United 'States Army directive has been confirmed in writing, and further that'the Company is attempting to have the directive modified so that production will continue. Inasmuch as the Company has no definite plans to cease or curtail its operations, we shall direct that an election be held in the immediate future. The-Union urges that the pay roll of May 26, 1943, the clay, prior to the hearing in the instant proceeding, be used to determine eligibility to -vote. The.Conipany requests that a current pay roll be used for that purpose. Inasmuch as the -record indicates that the Company intends to continue production, we shall, in accordance with our usual practice; direct that the employees eligible to vote in the election shall be those within 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 urges that it appear on the ballot as "Furniture Workers Union Local 76B, C. L O." ' The request is,hereby granted. 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 Relations Board Rules and Regulations--Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representatives for the purposes, of collective bargaining with Zimmer-Thomson Cor- poration, Long Island City, New York, 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,aulder 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 .have since quit or been discharged,for cause, to determine whether or not' they desire to be represented by Furniture Workers Union Local 7613, C. 1. 0., for the purposes of collective bargaining. 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