Leland-Gifford Co.

National Labor Relations Board - Board Decisions

Aug 16, 1943

51 N.L.R.B. 1349 (N.L.R.B. 1943)

In the Matter of LELAND-GIFFORD COMPANY and UNITED STEELWORK-
ERs OF AMERICA, LOCAL #2521, C. I. O.
In the Matter of LELAND-GIFFORD COMPANY and AIRCRAFT ;WORKERS
UNION
Cases Nos . R-5767 and R-5768 respectively. Decided August 16, 194.3
Mr. Ernest L. Anderson, of Worcester, Mass. , for the Company.
Grant & Angoff, by Mr. Frederick Cohen, of Boston , Mass., for the
U. S. A.
Mr. Gabriel A. Kamen, of Worcester, Mass. , for the Independent.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE 0
Upon separate petitions duly filed by United Steelworkers of
America, Local #$2521, herein called the U. S. A., and Aircraft
Workers Union, herein called the Independent, alleging that ques-
tions affecting commerce had arisen concerning the representation of
employees of Leland-Gifford Company, Worcester, Massachusetts,
herein called the Company, the National Labor Relations Board con-
solidated the cases and provided for an appropriate hearing upon
due notice before Thomas H. Ramsey, Trial Examiner. Said hearing
was held at Worcester, Massachusetts, on July 22,'-1943. The Com-
pany, the U. S. A., and the- Independent appeared, participated, and
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
During the course of the hearing counsel for the U. S. A. moved that
the Board incorporate in the instant proceeding certain portions of
the record in a previous case involving the , Company. The Trial
Examiner reserved ruling. The motion is hereby denied. The Trial
Examiner's rulings made at the hearing are free from prejudicial error
and are hereby affirmed.
All parties were afforded opportunity to file briefs with.the Board.
51 N. L. R. B., No. 218.
1349
1350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Leland-Gifford Company is a Massachusetts corporation with its
principal place of business at Worcester, Massachusetts, where it is
engaged in the, manufacture and sale of machines and crank-shafts.
The Company sells finished products valued in excess of $1,000,000
annually, over 50 percent of which is shipped to points outside 'the,
State of Massachusetts. The Company admits, for the purpose of this
proceeding, that it is engaged in commerce within the meaning of the
National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
Aircraft Workers Union is an unaffiliated labor organization, admit-
ting to membership employees of .the Company.
United Steelworkers of America, Local #2521, is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, admit-
ting to membership employees of the Company.
o III. THE QUESTIONS CONCERNING REPRESENTATION
During June 1943, the U. S. A. requested the Company to recognize
it ,as the exclusive bargaining representative of the Company's em-
ployees. The Company did not reply to this request. On June 15,
1943, and July 2, 1943, respectively, the U. S. A. and the Independent
filed their petitions herein.
A statement of the Regional Director, introduced in evidence at the
hearing, indicates that the U. S. A. and the Independent each repre-
sents a substantial number of employees in the unit hereinafter found
to be appropriate.'
We find that questions affecting commerce have 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 U. S. A., urges that all production employees of the Company,
including machine maintenance employees, but.excluding executives,
i
3 The Regional Director reported that the U. S. A. presented 707 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany's pay roll of June 19, 1943: He further reported that the Independent presented 618
membership application cards bearing apparently genuine signatures , apprbxiniately. 28
percent of which bore the signatures of persons whose names appear on the Company's pay
roll of June 19, 1943. There are approximately 1880 employees in the appropriate unit.
LELAND-GIFFORD COMPANY 1351
engineering department employees, ' supervisors , office and clerical
employees , stock chasers, armed guards , building maintenance em-
ployees, factory clerks, timekeepers , and tool crib employees , consti-
tute an appropriate unit . The Company , in addition , would exclude
machine maintenance employees from the unit . The Independent and
the Company would include factory , clerks and tool crib attendants
in the unit.
The machine maintenance employees are concerned solely with the
maintenance of production machinery . The record indicates that
the machine maintenance employees work on an hourly rate the same
as the production employees and that their work is closely allied to
that of such employees . Accordingly , we shall include them in the
unit.
The Company employs a group of persons classified by it as build-
ing maintenance employees . Such employees are concerned solely
with the repair and upkeep of the Company 's buildings . Such per-
sons are eligible to membership in the U. S. A. and the Independent.
Inasmuch as no other labor organization is claiming these employees,
we shall include them in the unit.
The Company employs 10 to 12 factory clerks. The duties of these
employees are varied in that some of them uncrate material , push it
on shop trucks, and drive trucks. They perform very little , if any,
clerical work and are under the supervision of various production
foremen . Accordingly , we shall include factory clerks in the unit.
The tool crib employees are located throughout the factory and
are concerned with receiving new tools, unpacking them, putting them
in cribs, and handing out such tools at the request of various em-
ployees. They perform no clerical functions . ' We shall include the
tool crib employees in the unit.
We find that all production and -all maintenance employees of the
Company, including factory clerks and tool crib attendants , but ex.
cluding executives, engineering department employees , office and
clerical employees , stock chasers , armed guards , and all supervisory
employees with authority to hire, promote , discharge , discipline, or
otherwise effect changes in the status of employees , or effectively
recommend such action , 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 means of an election by 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
1352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Leland-Gifford
Company, Worcester, Massachusetts, 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 Relations Board, and subject to Ar-
ticle III, Section 10, of said Rules and Regulations, among the em-
ployees 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 they desire to be represented by United Steelworkers of
America, Local #2521, affiliated with the Congress of Industrial Organ-
izations, or by Aircraft Workers Union, for the purposes of collective
bargaining, or by neither.
CHAIRMAN MILLIs took no part in the consideration of the above
Decision and Direction of Election. .