B. F. Sturtevant Co.

National Labor Relations Board - Board Decisions

Dec 6, 1943

53 N.L.R.B. 1134 (N.L.R.B. 1943)

In the Matter of B. F. STURTEVANT Co. and PATTERN MAKERS LEAGUE
OF NORTH AMERICA, BOSTON ASSOCIATION, A. F. OF L.
Case No. 1-R-1582.-Decided December 6, 1943
Mr. Allan Seserman, of Boston, Mass., for the Company.
Mr. Myer Ginsberg, of Boston, Mass., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
a
Upon petition duly filed by Pattern Makers League of North Amer-
ica, Boston Association, A. F. of L., herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of B. F. Sturtevant Co., Boston, Massachusetts,
herein called the Company, the National Labor Relations Board pro-
i'ided for an appropriate hearing upon due notice before Thomas H.
Ramsey, Trial Examiner. Said hearing was held at Boston, Mas-
sachusetts, on November 15, 1943. The Company and the Union
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 prejudicia.,l 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
1. THE BUSINESS OF THE COMPANY
B. F. Sturtevant Co. is a Massachusetts corporation operating a
plant at Boston, Massachusetts, with which we are here concerned,
where it is engaged in the manufacture and sale of fans, blowers, and
heating and ventilation equipment. During the past year the Com-
pany purchased about 200,000 tons 'of raw materials for use at its
53 N. L. R B., No. 209.
1134
B. F. STURTEVANT CO. 1135
Hyde Park plant, approximately, 98 percent of which was shipped
to it from,points outside the State of Massachusetts. During the
same period the Company manufactured finished products valued in
excess of $10,000,000, practically all of which was shipped to points
outside the State of Massachusetts. The Company admits that it is
engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
Pattern Makers League of North America, Boston Association. is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of certain of its employees until
such time as the Union is certified by the Board.
A statement of the Regional Director, introduced into evidence at the
hearing, indicates that the Union represents a substantial number 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 meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union urges that all pattern makers at the Hyde Park plant of
the Company, excluding supervisors, constitute an appropriate unit.
The only controversy with respect to the unit concerns the definition
of pattern makers.
The Union contends that the Company employs only 7 pattern
makers while the Company contends that it employs 14 persons in that
classification. The Company maintains a pattern shop wherein it
employs 14 persons, all of whom make and repair patterns. Only 7 of
them can make any type of pattern but the remainder make simple
patterns. Inasmuch as all the employees in the pattern shop perform
work requiring similar skill, we find that a unit of all pattern shop
employees is appropriate.
We find that all employees in the pattern shop at the Hyde Park
plant of the Company, excluding supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
'The Regional Director reported that the Union presented 7 membership application
cards bearing apparently genuine signatures of persons whose names appear on the August
27, 1943, pay roll of the Company Tbere are approximately 14 employees in the appro-
priate unit.
1136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the status of employees, or effectively recommend such action, con-
stitute 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
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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with B. F. Sturtevant
Co., Boston, Massachusetts, 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 First 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
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 any 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 Pattern Makers League of North
America, Boston Association, A. F. of L., for the purposes of collective
bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.