American Laundry Machinery Co.

National Labor Relations Board - Board Decisions

Mar 28, 1946

66 N.L.R.B. 1292 (N.L.R.B. 1946)

In the Matter of AMERICAN LAUNDRY MACHINERY COMPANY and
I NITED ELECTRICAL. RADIO & MACHINE WORKERS of AMERICA, C. I. O.
Case No. 3-R-1115.-Decided March 28,1946
Messrs. Charles S. Wilcox and Charles D. Mercer, of Rochester,
N. Y., for the Company.
Messrs. Hugh. Harley, Jr., and James Annacoiie, of Rochester,
N. Y., for the C. I. O.
Mr. Herbert TV. Clements, of Rochester, N. 1., for the A. F. L.
Mr. Phil E. Thompson, 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 Organ-
izations , herein called the C. I. 0.. alleging that a question affecting
commerce had arisen concerning the representation of employees of
American Laundry Machinery Company, Rochester , New York, here-
in called the Company, the National Labor Relations Board , herein
called the Board , provided for an appropriate hearing upon due
notice before James R. Hemingway , Trial Examiner. Said hearing
was held at Rochester , '_Kew York, on January 24, 1946. The Com-
pany, the C. I. 0., and International Molders & Foundry Workers
Union, affiliated with the American Federation of Labor , herein called
the A. F. L., appeared and participated. All parties were afforded
full opportunity to be heard , to examine and cross -examine witnesses,
and to introduce evidence bearing upon the issues . The Trial Ex-
aminer's rulings are free from prejudicial error and are hereby
affirmed. All parties were afforded full opportunity to file briefs with
the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
American Laundry Machinery Company, an Ohio corporation, is
engaged in the manufacture of laundry machinery and castings at its
66 N. L. R. B., No. 153.
1292
AMERICAN LAUN DRY MACIIINERl COMPANY 1293
plant in Rochester, New York. During the year prior to the date of
the hearing the Company purchased raw materials valued in excess
of $1,000,000, 80 percent of which was shipped in from points outside
the State of New York. During the same period the Company sold
finished products valued in excess of $5,000,000, over 78 percent of
which was shipped 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. is a labor organization
admitting to membership employees of the Company.
International Molders & Foundry Workers Union, affiliated with
the American Federation of Labor, is a labor organization admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 18, 1945, both the C. I. O. and A. F. L. requested
recognition as the collective bargaining agent of certain of the Com-
pany's employees.
The Company refuses to recognize either union until it has been
certified by the Board in an appropriate emit.
A statement of a Board agent, introdw•ed in evidence at the hear-
ing, indicates that the C. I. O. and the A. F. L. both represent a
substantial number of employees in the unit hereinafter found appro-
priate.
We find that a question affecting conunerce 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. TILE APPROPRIA'I 1' ["NIT
The C. I. O. seeks a unit limited to production and maintenance
employees in the foundry division of the Rochester plant. The
A. F. L. concurs in the unit petitioned for. The Company contends
that only a plant-wide unit is appropriate.
Pursuant to a petition filed by the C. I. 0.. the Board, on June 30.
1943. directed an election in a plant-wide unit of the Company's em-
ployees.' The C. I. O. lost the election. The Company contends that
1 The report states that the C. I O. submitted 89 authoiization cards and that the
A F I, submitted 75 authorization cards There are appiounnately 172 employees in the
unit
' Koller of -jeer a (!n I nrvnbp lfw1mi Cip Cb . 50 \, L, R P. 995
1294 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the prior plant-wide unit determination of the Board precludes a
finding of a smaller unit in this proceeding. We do not agree. The
Board has consistently held that a prior determination of an appro-
priate unit is not conclusive, where such prior determination has not
resulted in a certification or in a history of collective bargaining a
The foundry is physically separated from the other plant opera-
tions. It has separate and distinct supervision, pay rolls, working
hours, and employee classifications. There is no interchange of
foundry employees with employees of other divisions. In view of the
foregoing, we are of the opinion that the foundry employees constitute
a distinct, integrated, and homogeneous group, that can effectively
function as a separate unit for the purposes of collective bargaining.4
The parties further disagree as to the following categories of em-
ployees.
Pattern Clerk : The Company and the A. F. L. would include and
the C. I. 0. would exclude this employee. His primary duty is to
expedite all work in process in the foundry. He checks molds and
patterns on the molding floors and checks the core room to see that
cores are ready for the molders. He spends approximately 11/2 hours
daily recording the type and amount of work completed by the
various molders. This latter record is used by the accounting de-
partment for piece-work pay computations; however, the pattern
clerk has nothing to do with either the submission or the analysis of
t his record for timekeeping purposes. He spends a substantial part
of his time in the performance of such manual duties as the selection
and storing of patterns and core boxes, and the checking and stencil-
ing of castings for shipment. He has no supervisory authority. We
shall include the pattern clerks
Pattern Storage Clerk : This is a part-time employee who works
mornings in the pattern storage office located in the foundry office
building, but in a room separate from the regular foundry office.
His duties are entirely clerical. He makes up a daily list of pro-
duction for the production manager, who is his immediate supervisor.
He writes up job cards on incoming orders for castings required.
keeps all pattern records and makes up daily piece-work lists for
accounting department pay-roll purposes. His supervision duties
and place of employment are separate and distinct from those of
foundry production and maintenance employees. We shall exclude
the pattern storage clerk.6
S Matter of Bethlehem Steel Company , Sparrows Point Plant, 64 N. L. R. B. 352 ;
Matter of Thomasville Chair Co, 54 N . L. R. B. 1071.
4 Matter of Textile Machine Works , Inc, 65 N L . R. B. 1030 ; Matter of Wright
Aeronantieal Corp, 45 N. L. R B. 1104: In Matter of American Laundry Machinery Co,
50 N L R B . 995, the Company contended that the foundry unit was appropriate.
5Matter of Consolidated Vnltee Aircraft Corporation , 58 N. L R . B. 300 , and cases
cited therein.
Matter of Pyott Foundry 4 Machine Co., 60 N . L. R. B. 245.
AMERICAN LAUNDRY MACHINERY COMPANY 1295
Inspector: The Company employs one inspector, whom the C. 1. 0.
would exclude and the Company and the A. F. L. would include.
He works in the cleaning room where he checks all castings to see if
they are sound and in proper condition for the machine shop. De-
fects are reported to the foundry foreman for correction and the
inspector exercises no supervisory authority over employees whose
work he inspects. Although the inspector has assumed some super-
visory duties in isolated instances of the foreman's illness or absence,
it is clear that he does not exercise such authority in the normal
performance of his inspection duties. We shall include the inspector.
Watchmen: The Company employs three watchmen in the foundry
division, whom the Company and the A. F. L. would include and the
C. I. 0. would exclude. They perform the customary duties of
watchmen, spend most of their time at the foundry gate, and are
also assigned some janitor and maintenance duties in foundry build-
ings. They are neither militarized nor deputized. Inasmuch as their
function is custodial, and not monitorial, we shall include the watch-
men.8
Truck Driver : The C. I. 0. and the A. F. L. would exclude and
the Company would include a truck driver who is primarily engaged
in hauling slag and other waste materials from the foundry opera-
tions to a dump located off the Company's premises. At times he also
hauls castings to the freight house for shipment. We are of the
opinion that the truck driver has sufficiently dissimilar interests and
conditions of employment from those of other laundry employees to
warrant his exclusion. We shall exclude the truck driver.9
We find that all production and maintenance employees in the
foundry division of the Company's plant at Rochester, New York,
including the pattern clerk, inspector, and watchmen, but excluding
the part-time pattern storage clerk, pattern makers, truck drivers,
office clerical, and supervisory employees with authority to hire, pro-
mote, 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 an election by secret ballot among employees
in the appropriate unit who were employed during the pay-roll period
4 Matter of Ideal Roller & Manufacturing Co., 60 N. L. R. B. 1105.
e Matter of Lectrolite Corporation, 63 N. L. R. B. 369 ; Matter of Sylvania Industrial
Corp., 61 N. L. R. B. 1585.
9 Matter of Wilson & Company , Inc., 62 N . L. R. B. 895.
1296 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Rela-
tions Act, and pursuant to Article 111, 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 American Laun-
dry Machinery Company, Rochester, N. Y. 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 super-
vision of the Regional Director for the Third Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article 111, Sections 10 and 11, 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
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 represented by United Electrical, Radio & Machine Workers of
America, affiliated with the Congress of Industrial Organizations, or
by International Moulders R Foundry Workers Union, Local No. 11,
affiliated with the American Federation of Labor, for the purposes
of collective bargaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.