A. B. C. Steel Equipment Co., Inc.

National Labor Relations Board - Board Decisions

Nov 28, 1944

59 N.L.R.B. 629 (N.L.R.B. 1944)

In the Matter of A. B. C. STEEL EQUIPMENT Co., INC. and UNITED
WIRE & METAL WORKERS UNION, LOCAL 36, C. I. O.
Case No. 2-R-5005.-Decided November 28, 1944
Mr. David Garrison Berger, of New York City, for the Company.
Frotter & Bagley, by Messrs. Julius E. Bagley and Milton Silver-
man, of New York City, for the Union.
Mr. Moe Rosen, of New York City, for the A. F. of L.
Mr. Louis R. Mercado, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Wire & Metal Workers Union,
Local 36, C. I. O., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of A. B. C. Steel Equipment Co., Inc., herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Robert A. Lovett, Trial Ex-
aminer. Said hearing was held at New York City, on October 26,
1944. The Company, and the Union appeared and participated.' All
parties 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 an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
' Sheet Metal Workers International Association Local Union #137, A F of L, herein
called the A F of L , presented a written motion to intervene , claiming an interest by
virtue of a contract with the Company covering its employees for a term of 1 year ending
October 31, 1938, and renewed for another term ending October 31, 1939 The A F of L,
admitted that it had not dealt with the Company in any way since October 31 , 1939, and
that it had no membership among the Company ' s employees involved at this time Under
the circumstances , we believe that the Trial Examiner properly denied the motion to
intervene
59 N. L. R. B., No. 124.
629
630 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Company, a New York corporation with its principal office in
New York City, is engaged in the manufacture and installation of
bulkheads and interior equipment for ships.2 Its main plant is located
in New York City,3 with a branch plant in Mobile, Alabama. The
Company annually receives at its New York plant, raw materials, con-
sisting chiefly of steel and lumber and valued in excess of $500,000,
of which in excess of 75 percent is received from points outside the
State of New York; it annually sells products, valued in excess of
$1,000,000, of which 75 percent is delivered to points outside the State
of New York.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
United Wire & Metal Workers Union, Local 36, C. I. 0., affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company denied the Union's request for recognition until it
had been certified by the Board. A statement of a Field Examiner,
introduced into evidence at the hearing, indicates that the Union rep-
resents a substantial number of employees in the unit hereinafter
found appropriate.4
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
The Company and the Union agree that the appropriate unit should
consist'of all of the Company's production and maintenance employees,
2 The Company formerly was in the steel-shelving business , but since 1940 has confined
its operations exclusively to work on Government contracts.
8 The New York plant , with which the present proceeding is concerned , employs approxi-
mately 40 workers , including clerical and supervisory.
4 The Field Examiner reported that the Union submitted 24 cards, 17 of which bore
apparently genuine original signatures ; that the names of 11 persons appearing on the
cards were listed on the Company 's pay roll of a recent date , which contained the names
of 30 employees in the appropriate unit; and that the cards were dated as follows :
September , no year, 11 ; and August, no year, 6. At the hearing the Union submitted 4
additional authorization cards ; a check against the same pay roll revealed that 1 of the
4 bore the name of a person on said pay roll. The Union contended that the remaining
3 cards were signed by persons employed by the Company after said pay roll was prepared.
A. B. C. STEEL EQUIPMENT Co., INC. 631
including packing, receiving and shipping employees, porters, and
tool and die designer, but excluding the office and clerical employees,
the shop superintendent, and all supervisory employees; they disagree
with respect to the status of several categories of employees. ' The
Company would include, and the Union would exclude from the appro-
priate unit, the assistant engineer and factory coordinators,5 purchas-
ing agent and factory expeditors,° working foreman 7 and assistant
working foremen.$
Assistant engineer and factory coordinators. The duties of these
employees consist of making all drawings and blueprints required by
the production employees for layout work. They are experienced
workers who have received some training in drafting and engineering.
They do their drafting work in the general offices, have the same
hours as the office employees and are paid on a salary basis. Their
duties require them to spend considerable time outside the Company's
plant in connection with the designing of, and bidding for work on,
vessels. The work of these employees is essentially technical and
their interests are not in common with the production workers. We
shall, therefore, exclude them from the unit.
Purchasing agent and factory expediter. The duties' of this em-
ployee are to see that there is sufficient material on hand and to know
where available materials are located. He routes materials from the
warehouse into the factory and does some independent purchasing.
He is paid on a salary basis, has his desk in the general office and his
hours are the same as those of the office workers. His interests are
more akin to those of the office workers and we shall accordingly
exclude him from the unit.
Working foreman. This employee is under the shop superintend-
ent, receives his orders from him, and transmits them to the general
production employees. He is paid on an hourly basis and is the highest
paid hourly employee. He works the same hours as do the general
production workers and spends most of his time setting and checking
dies and gauges and making certain that the output of the machines
conforms to specifications. The Company insists that the plant is
small, that this employee has no authority to recommend changes in
the status of employees, and that he has never done so. The Union
has offered no creditable evidence to the contrary. The supervisory
duties of this employee are not such as to warrant his exclusion from
the unit, and we shall include him therein.
There are-two employees in this classification.
° There is one employee in this classification
+ There is one employee in this classification.
° There are two employees in this classification. During the hearing the Union conceded
that one of these employees could be included, but insisted that the other had supervisory
authority.
632 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Assistant working foremen . The Union concedes that one of these
employees , J. Coll, may be included within the unit. His duties are
essentially the same as the working foreman , except that he is not in
charge of "lay out." He receives orders from the shop superintendent
and transmits them to the workers ; he is hourly paid. We shall
include him within the unit.
The other employee in this category , John Keller , is in charge of
the packing and shipping . His duties require him to check finished
work and to see that the crating is properly done ; he personally cuts
materials , builds crates , loads trucks and cars , and builds braces for
materials in cars . The Company insists that he does not have author-
ity effectively to recommend changes in the status of employees; the
Union adduced no creditable evidence to the contrary . Under the
circumstances , we find that this employee does not come within our
usual supervisory definition , and we shall include him within the unit.
We find that all the production and maintenance employees of the
Company's New York plant , including packing, receiving and ship-
ping employees , porters , the tool and die designer , the working fore-
man, and assistant working foremen , but excluding office and clerical
employees , assistant engineer and factory coordinators , purchasing
agent and factory expediter , shop superintendent , and all or any other
supervisory employees with authority to hire, promote , discharge, dis-
cipline, or otherwise effect changes in the status of employees, or ef-
fectively 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 DETERMINA 'I ION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the employ-
ees in 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.
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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes-of collective bargaining with A. B. C. Steel
Equipment Co., Inc., an election by secret ballot shall be conducted as
early as possible, but not later than thirty (30) days from the date of
A. B. C. STEEL EQUIPMENT CO., INC. 633
this Direction, under 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, Sections
10 and 11, of said Rules and Regulations, among the employees in the
unit found appropriate in Section IV, above, who were employed dur-
ing the pay-roll-period immediately preceding the date of this Direc-
tion, including employees who did not work during the 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 pre-
sent themselves in person at the polls, but excluding those employees
who have since quit or been discharged for cause and have not been
rehired or reinstated prior to the date of the election, to determine
whether or not they desire to be 'represented by United Wire & Metal
Workers Union, Local 36, C. I. 0., for the purposes of collective
bargaining.