A. W. Franklin Manufacturing Corp.

National Labor Relations Board - Board Decisions

Sep 30, 1946

71 N.L.R.B. 142 (N.L.R.B. 1946)

In the Matter of A. W. FRANKLIN MANUFACTURING CORPORATION AND
FRANKLIN AIRLOOP CORPORATION, EMPLOYER and UNITED ELECTRI-
CAL, RADIO c^, MACHINE WORKERS OF AMERICA, CIO, PETITIONER
In the Matter of A. W. FRANKLIN MANUFACTURING CORPORATION AND
FRANKLIN AIRLOOP CORPORATION, EDIPLOYi.R and LOCAL UNION
No. 3, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL,
PETITIONER
Casey Nos. 2-R-6224 and 3-R-G733, respectively .-Decided
September 30, 1946
Messrs . David K. Shappiro and Mark G. Lauter , of New York City,
for Franklin and Airloop.
Mr. Frank Schneider , by Mis s Mildred Roth, of New York City, for
the United.
Mr. Harold Stern, of New York City, for the IBEW.
Mrs. Augusta Spaulding , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon separate petitions duly filed, a consolidated hearing in these
cases was held at New York City, on August 16, 1946, before Jack
Davis, hearing officer. The hearing officer's rulings made at the hear-
ing are free from prejudicial error, and are hereby affirmed.
Upon the entire record in these cases, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. TIIE BUSINESS OF TILE EMPLOYER
A. W. Franklin Manufacturing Corporation, herein called Franklin,'
and Franklin Airloop Corporation, herein called Airloop,1 are separate
corporate entities, each engaged in the making of radio parts. Their
principal office is in a building at New York City, on two floors of
which Franklin conducts manufacturing operations. During 1945,
Franklin shipped to its plant un New York City raw materials, con-
1 The petitions were amended at the hearing to show the coiiect names of the Employer.
71N.L R.B,No 17.
142
A. W. FRANKLIN MANUFACTURING CORPORATION 143
sisting principally of brass and bakelite , valued at approximately
$300,000, approximately 60 percent of which was shipped to the plant
from outside the State of New York. During the same period , Frank-
lin finished at its New York City plant products valued at approxi-
mately $1,000,000, of which 70 percent was shipped outside the State
of New York . Franklin also operates a plant at Hoboken, New Jersey,
which is not directly concerned in this proceeding.
In June 1946 Franklin and Airloop began the production of radio
parts at a plant at Long Island City , New York. Between June 1946
and August 1946 Franklin and Airloop purchased for their manufac-
turing operations at this plant raw materials valued at about $14,000,
the greater part of which was brought to the plant from points outside
the State of New York . During this period, the two corporations
finished radio parts at this plant valued at approximately $70,000, of
which 60 percent was shipped to points outside the State of New York.
Franklin and Airloop admit, and we find, that they and each of
them is engaged in commerce within the meaning of the National
Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Electrical, Radio & Machine Workers of America, the peti-
tioner in Case No. 2-R-6724, herein called the United, is a labor organ-
ization affiliated with the Congress of Industrial Organizations,
claiming to represent employees of the Employer.
Local Union No. 3, International Brotherhood of Electrical
Workers, the petitioner in Case No . 2-R-6733, herein called the IBEW,
is a labor organization affiliated with the American Federation of
Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the United or the IBEW as the
exclusive bargaining representative of employees of the Employer
until either petitioner has been certified by the Board in an appropriate
unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer , within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The United contends that production and maintenance employees of
Franklin and Airloop at the New York City and Long Island City
plants constitute a single appropriate bargaining unit. The IBEW
contends that production and maintenance employees of Franklin and
Airloop at the Long Island City plant constitute a separate appro-
717734-47-vol. 71-11
144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
priate bargaining unit. Franklin and Airloop take no position
respecting the unit or units of their employees appropriate for bargain-
ing purposes.
Franklin is a New York corporation, approximately 11 years old,
Its president is Albert W. Franklin, and its vice president and treas-
urer, Jack Poster. These two men, their wives, and members of their
families constitute the six stockholders of the corporation which has
its offices and principal manufacturing operations upon two floors 2 of
a building at 175 Varick Street, New York City, herein called the New
York City plant. The building was formerly leased but since January
1, 1946, is rented on a month-to-month basis. Upon these premises is
a tool and die shop and a fabricating department for metal and Bake-
lite stampings. As of July 30, 1946, there were approximately 175
production and maintenance employees engaged in manufacturing op-
erations at this plant.
In 1944, Franklin opened a plant at Hoboken, New Jersey, where it
is presently conducting molding and assembly operations for radio
parts. As of July 30, 1946, there were approximately 45 employees
at the Hoboken plant.3
About August 1945 some experimental work was started at the New
York City plant to develop a built-in radio antenna. Airloop was
formed as a separate business corporation to handle the manufacture
and sale of the new project. The two officers of Franklin serve as
the two officers of Airloop and control all stock in the latter
corporation 4
In June 1946 Franklin purchased a 4-story building at Long Island
City, New York, about 30 minutes' travel distance from the New York
City plant. The first floor of the building is rented to an outside con-
cern. The fourth floor was rented by Franklin to Airloop for the
latter's manufacturing operations. Franklin occupies the two other
floors for its production work. Employees and equipment were trans-
ferred to the Long Island City plant from the New York City plant.
The record does not disclose how many employees may have been
shifted from the pay roll of Franklin to the pay roll of Airloop or the
amount of equipment transferred from one corporation to the other.
Delays in receiving and installing equipment at the new plant and
work stoppages due to labor disputes caused some reshifting from one
plant to the other. Production employees at both plants are, for the
most part, semi-skilled operators and assemblers. There are some tool
2 The floor area includes 13,000 square feet on the sixth floor and 6,000 square feet on
the eighth floor.
8 As a result of a consent election conducted in August 1946, employees at the Hoboken
plant are presently represented by the United and bargain with their Employer as a plant
group.
4 There are only four stockholders in Airloop. Jack Poster and Albert W Franklin own
stock as individuals, and Albert W. Franklin holds other stock as trustee for his children.
A. W. FRANKLIN MANUFACTURING CORPORATION 145
and die makers at the New York City plant who work on dies for both
corporations. As of July 30, 1946, there were at the Long Island
City plant approximately 20 employees of Airloop and approximately
i 0 employees of Franklin. These employees, listed on separate pay
rolls, are paid in cash. When no work is available for one corporation,
they are hired to do available work in the production departments of
the other corporation. Employees of Franklin and Airloop at the
Long Island City plant use a common cloak and rest room facilities.
The two officers, Albert W. Franklin and Jack Poster, control the
management of both corporations. Under them is an executive super-
intendent, Joseph Vananzi, who directs the manufacturing operations
of Franklin and Airloop at New York City, Hoboken, and Long
Island City. Direct supervision of all production work is delegated
by Vananzi to four foremen, one each at the New York City and Ho-
boken plants, and two at the Long Island City plant for the work
performed for Franklin and Airloop, respectively. These foremen
have authority to hire and discharge employees for operations under
their respective supervision. All labor and production policies, how-
ever, emanate from Vananzi and the corporate officers. Employees at
both plants have been the subject of organization by both petitioning
labor unions, who claim substantial representation among them.
In view of the common ownership and control of production opera-
tions and of labor policies, we find that Franklin and Airloop constitute
a single employer within the meaning of Section 2 (2) of the Act.-5
We further find that production and maintenance employees of Frank-
lin and Airloop at the New York City and Long Island City plants
constitute a single appropriate unit for bargaining purposes.
The petitioning unions agree, and we find, that the chauffeur at the
New York plant, who drives c-, station wagon for messenger service
from one plant to the other, and shipping clerks, inspectors, porters,
and matrons should be included in the bargaining unit. They further
agree, and we find, that draftsmen at the New York City plant and
clerical and supervisory employees 6 at both plants should be excluded
from the bargaining unit. They disagree as to the watchman at the
New York City plant. The United would include, and the IBEW
would exclude, the watchman. The watchman is stationed at the em-
ployees' entrance to watch the time clock and to see that employees
check in and out of the plant properly and that strangers do not enter
the plant without authorization. The watchman has no other duties.
We will include the watchman in the bargaining unit.?
Matter of Arnolt Motor Company, et al., 68 N. L. R. B. 868.
° The foremen at both plants are supervisory employees. The assistant forelady at the
New York City plant has no supervisory duties, but functions as an inspector. As an
inspector, the assistant forelady is deemed included in the bargaining unit.
7 Matter of Hannah Pickett Mills Company, 69 N. L. R. B. 413.
146 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that production and maintenance employees of Franklin
and Airloop at the New York City and Long Island City plants, includ-
ing the chauffeur, shipping clerks, inspectors, porters, matrons, and
watchmen, but excluding draftsmen, clerical employees, and all super-
visory 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.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with A. W. Franklin Manufacturing
Corporation and Franklin Airloop Corporation, New York City and
Long Island City, New York, an election by secret ballot shall be con-
ducted 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 Second Region, acting in this matter as agent
for the National Labor Relations Board, and subject to Sections 203.55
and 203.56, of National Labor Relations Board Rules and Regula-
tions-Series 4, 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 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 they desire to be repre-
sented by United Electrical, Radio & Machine Workers of America,
CIO, or by Local Union No. 3, International Brotherhood of Electri-
cal Workers, AFL, for the purposes of collective bargaining, or by
neither.