Zimmer-Thomson Corp.

National Labor Relations Board - Board Decisions

Jun 11, 1943

50 N.L.R.B. 448 (N.L.R.B. 1943)

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.