American Laundry Machinery Co.

National Labor Relations Board - Board Decisions

Jun 30, 1943

50 N.L.R.B. 995 (N.L.R.B. 1943)

In the Matter of AMERICAN LAUNDRY MACHINERY Co. and UNITED,
ELECTRICAL , RADIO & MACHINE WORKERS OF AMERICA, (CIO)
Case No. R-547,5.-Decided June 30, 1943
Messrs. Charles S. Wilcox and Charles D. Mercer, of Rochester,
N. Y., for the Company.
Mr. Willard Bliss, of Syracuse, N. Y., and Messrs. Joseph, Cerulli
and David Kanes, of Rochester, N. Y., for the United.
Messrs. Mario Ventura and E. A. Laufler, of Rochester, N. Y.,'for,
the Engineers.
Miss Viola Janzes,, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Electrical, Radio & Machine
Workers of America, affiliated with the Congress of Industrial Or;
ganizations , herein called the United, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of American Laundry Machinery Co., Rochester, New York, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Peter J. Crotty,
Trial Examiner. Said hearing was held at Rochester, New York,
on May 26, 1943. The Company, the United, and International
Union of Operating Engineers, affiliated with the American Federa-
tion of Labor, herein called the Engineers, appeared and partici-
pated.' All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial Examiner 's rulings are free from preju-
dicial 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:
'Although the Regional Office of the Board twice attempted to serve notice of hearing
on Patternmakers League of America, affiliated with the American Federation of Labor,
that organization refused the service.
50 N. L. R. B., No. 143.
995
996 DECISION S OF ,NATIONAL LABOR RELATIONS' BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
American Laundry Machinery Co.,' an Ohio corporation authorized
to do business in the State of New York, is engaged in the manu-
facture of laundry machinery and castings. From November 1, 1942;
to April 30, 1943, the Company used- at its-Rochester, New York,
plant, which is the plant here involved, raw materials valued at ap-
proximately $1,087,636, approximately 80 percent of which represents
shipments from points outside the State of New York. During the
same period the Company manufactured at its Rochester plant fin-
ished products valued at approximately $4,315,532, approximately 78
percent of which represents shipments 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.
II. THE ORGANIZATIONS INVOLVED
United Electrical, Radio & Machine Workers of America, affiliated
with the Congress of Industrial Organizations, and International
Union of Operating Engineers, affiliated with the American Federa-
tion of Labor, are labor organizations, each admitting to' member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Despite repeated requests the Company has refused to recognize
the United as the exclusive representative of the Company's employees.
The record reveals that the United, represents a substantial num-
ber 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 mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. TIIE APPROPRIATE UNIT
The United seeks a unit of all production and maintenance em-
ployees in both the 'foundry and factory, including pattern makers,
employees ' in the shipping and receiving departments, inspectors,
watchmen, and truck drivers, but excluding supervisors; foremen;
assistant foremen, working foremen or pushers, clerical and office
2 The Trial Examiner reported that the United submitted 355 designations , all bearing
,apparently genuine original signatures , and that 239 bore the names of persons on the,
Company's pay roll of May 8 , 1993. which lists approximately 803 persons in the appro-
priate unit None of the designations bore dates prior to 1942. 1
' AMERICAN LAUI\,DRY MACHINERY CO. 997
employees, draftsmen, powerhouse employees,3, cafeteria employees,
timekeepers, expediters or stock chasers, and production clerks. The
'Company contends that the factory and foundry employees should
constitute separate units. We find no merit in this contention. Both
departments are situated closely together and the employees in both
are subject to similar working conditions. No labor organization is
seeking separate representation for the foundry. The Company fur-
ther contends that the position of the United is inconsistent in seek-
ing to include pattern makers and exclude draftsmen, and to include
clerks in the shipping and receiving departments and exclude time-
keepers, expediters, and production clerks. We do not agree. Drafts-
men and technical employees are usually excluded from production
units, since their duties are essentially different from those of pro-
duction employees. As the pattern makers herein have apparently
chosen to bargain as a part of the plant unit, and their work is
closely aligned with that of the other employees, we shall include -
the pattern makers in the unit. We shall exclude 'the draftsmen.
The United desires to include the clerks in the shipping and receiv-
ing, departments as well as other employees therein because the clerks
are actually engaged in performing manual labor rather than the
usual duties of clerical employees. For this reason we shall include
the clerks with the other employees in the receiving and shipping
department. Since there is no disagreement with respect to the re-
maining inclusions and exclusions sought by the United, and since
these inclusions and exclusions are customarily followed in the estab-
lishment of a production unit, we shall adopt the suggestions ,of the
United.
Accordingly, we find that all production and maintenance em-
ployees of the Company in both the factory and the foundry, includ-
ing pattern makers, clerks and other employees in the shipping and,
receiving departments, inspectors, watchmen and truck drivers, but
excluding supervisors, foremen, assistant foremen, working foremen
or pushers, clerical and office employees, draftsmen, powerhouse em-
ployees, cafeteria employees, timekeepers, expediters or stock chasers,
and production clerks, 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
3 The parties agree to exclude the powerhouse employees composed of engineers and
firemen who are members of the Engineers and are bargained for by that Organization.
We find that the powerhouse employees should be excluded
5361 0 5-44-vol 50-64
998 - D'EiC'ISIONS OF NATIONAL LABOR RELAT'ION'S 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-'
ti es for the purposes of collective bargaining with American Laun-
dry Machinery Co., Rochester, New York, an election by secret ballot
'shall be conducted as early as possible, but not later *than thirty 1(30)
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Third Region, acting in this
matter as agent for the National Labor Relations Board, and sub-
ject 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 preced-
ing 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 United
Electrical, Radio & Machine Workers of America, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
-,bargaining.