The Holtzee-cabot Electric Company And United Electrical, Radio & Machine Workers Of America, (c. I. O.), 1033 (1943)

In the Matter of THE HOLTZEE-CABOT ELECTRIC COMPANY and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, (C. I. O.) Case No. R-5632.-Decided August 4, 1943 Mr. Allan Seserman, of Boston, Mass., for the Company.

Messrs. Allan D. McNeil and Richard Linsley, of Boston, Mass., for the C. I. 0.

Mr. William R. Cameron, of counsel to the Board.

DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Electrical, Radio & Machine Workers of America, (C. I. O.), herein called the C. I. O., alleging that a question affecting commerce had arisen concerning the representation of employees of The Holtzer-Cabot Electric Company,

Boston, Massachusetts, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Thomas H. Ramsey, Trial Examiner. Said hearing was held at Boston, Massachusetts, on July 2, 3, and 7, 1943. The Company and the C. I. O. 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. All parties were afforded opportunity to file briefs with the Board.

Upon the entire record in the case, the Board makes the following:

FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Holtzer-Cabot Electric Company is a Massachusetts corporation which operates two plants, one located on Amory Street and' the other on Stuart Street, in the city of Boston, Commonwealth of Massachusetts, where it is engaged in the manufacture of fractional horse power motors and generators, signalling, telephone, fire, and 1033 watchman systems. The Company uses, during the course of a year, raw materials consisting of metal castings, copper wire and insulation amounting in value to approximately $2,000,000, of which 50 percent is obtained from points outside the Commonwealth of Massachusetts.

The Company's finished products amount, during the course of a year, to more than $5,000,000, of which approximately 50 percent is shipped to points outside the Commonwealth of Massachusetts. The Company concedes that it is engaged in commerce within the meaning of the National Labor Relations Act.

2. THE ORGANIZATION INVOLVED United Electrical, Radio & Machine Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company.

3. THE QUESTION CONCERNING REPRESENTATION At some time subsequent to April 26, 1943, the Company and the C. I. O., in a prior representation proceeding then pending before the Board, entered into an agreement for a consent election by employees of the Company, to be held on May 25, 1943. On May 24, 1913, the C. I. O. withdrew its petition and the election was not held.

   On June 8, 1943, the C. I. O. requested recognition by the Company as exclusive bargaining representative of the Company's employees.

   The Company refused to grant such recognition in view of the withdrawal of the C. I. 0. from the consent election. On June 9, 1943, the C. I. O. filed its petition in the instant proceedings.

   The Company contends that the C. I. 0., by virtue of the withdrawal of its petition and non-participation in the consent election, is in the position of a union which had lost such election. The Company further contends that the C. I. 0. should be required to submit, as evidence of representation of a substantial number of employees within the appropriate unit, designations...