Bovaird & Seyfang Manufacturing Co.

National Labor Relations Board - Board Decisions

Feb 27, 1943

47 N.L.R.B. 1240 (N.L.R.B. 1943)

In the Matter of BOVAIRD & SEYFANG MANUFACTURING COMPANY and
LOCAL 141, INTERNATIONAL'%MOLDERSI AND FOUNDRY WORKERS UNION
OF NORTH AMERICA, A. F. OF L.
'In the Matter of BOVAIRD & SEYFANG MANUFACTURING COMPANY and
INTERNATIONAL ASSOCIATION OF MACHINISTS, A. F. OF L.
In the Matter of BOVAIRD & SEYFANG MANUFACTURING COMPANY and
EMPLOYEES ASSOCIATION OF BOVAIRD & SEYYFANG
Cases Nos. R-4829 through R-4831, respectively. Decided Febru-
ary 27, ,1943
Jurisdiction : engineering equipment manufacturing industry.
Investigation and Certification of Representatives : existence of question : recog-
nition refused until such time as Board determined appropriate bargaining
agency of its employees ; election necessary.
Units Appropriate for Collective Bargaining : appropriate unit or units held
dependent upon elections to be conducted among (1) all production and main-
tenance employees in the foundry, with specified inclusions and exclusions, (2)
all production and maintenance employees in the machine shop, assembly
room, and tool room, with specified inclusions and exclusions, and (3) all
remaining production and maintenance employees, with specified inclusions
and exclusions.
Mr. T. L. McDowell and Mr. T. L. Moody, of Bradford, Pa., for
the Company.
Mr. Edward W. Metzler, of Erie, Pa., for the Molders.
Mr. John V. Pessamato, of Pittsburgh, Pa., for the I. A. M.
Mr. Albert A. Grifin, of Bradford, Pa., for the Association.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions and amended petitions duly filed by Local 141,
International Molders and Foundry Workers Union of North
America, herein called -the Molders, International Association of
Machinists, herein called the I. A. M., and Employees Association
of Bovaird & Seyfang, herein called the Association, alleging that
questions affecting commerce had arisen concerning the representa-
47 N. L. R. B., No. 150
1240
BOVAIRD' &' SEYFANG MANUFACTURING COMPANY 1241
tion of employees-of Bovaird & Seyfang Manufacturing Company,
Bradford, Pennsylvania, herein called the Company, the,National
Labor Relations Board consolidated the cases and provided for an
appropriate hearing upon due notice before Henry Shore, Trial Ex-
aminer. Said' hearing was held at Bradford, Pennsylvania, on
February 3, 1943. The Company, the Molders, the I. A. M., and the
Association appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. During the course of the
hearing, the Molders, ' the I. A. M., and the Association moved to
amend their petitions with respect to formal matters. The Trial
Examiner reserved rulings. The motions are hereby granted. The
Trial Examiner's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Upon the, entire record in-the case,, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OI THE COMPANY
Bovaird & Seyfang Manufacturing Company is a Pennsylvania
corporation operating a plant at Bradford, Pennsylvania, where 'it
is engaged in the manufacture of Diesel engines, gas compressors,
and oil well supplies. During 1942 the Company purchased raw
materials for use at its Bradford plant, valued in excess of
$250,000, approximately 80 percent of which -wa's shipped to it from
points outside the State of Pennsylvania. During the same period
the Company sold finished products from its Bradford plant valued
in excess of $500,000, approximately 95 percent of which was shipped
to points outside the State of Pennsylvania. The Company admits,
for the purpose of this proceeding, that it is engaged.in commerce
within the meaning of 'the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Local 141, International Molders and Foundry Workers Union of
North America, is a labor organization affiliated with the American.
Federation of Labor, admitting to membership employees of the
Company.
International Association of Machinists is a 'labor organization,
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
Employees,-Association of Bovaird & Seyfang is- an unaffiliated
labor organization, admitting to membership employees of the
Company.
3 Subsequent to the hearing the parties entered into a stipulation providing for correc-
tions in the % transcript . The stipulation is hereby made a pai t of' the record and the
transcript is ordered corrected accordingly.
1242 DECISIONS OF NATIONAL, LABOR,'RELATIOOINPS- BOARD
III. THE 'QUESTlONS -CONCERNING' REPRESENTATION
The Company refuses to recognize any of the labor organizations
involved herein until such time as the Board determines the appro-
priate bargaining agency of the Company's employees.
A statement of the Regional Director, introduced into evidence
during the hearing, indicates that the Molders, the I. A. M., and the
Association each represents a substantial number of employees in the
unit alleged by each to be appropriate.2
We find that questions affecting commerce- have 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 Molders urges that all production and maintenance employees
in the foundry of the Company, including employees in the molding,
core and shake-out departments, chippers, grinders, cranemen in the
foundry, foundry laborers, and miscellaneous foundry employees, but
excluding laboratory and cupola testers, supervisory employees, and
clerical employees, constitute a separate appropriate unit. The I. A. M.
contends that all production and maintenance employees in the
machine shop, assembly room, and tool room of the Company, includ-
ing crane operators in the machine shop, truckers and sweepers in the
machine shop, but excluding employees in all other departments, heat
exchange assemblers, inspectors, timekeepers, time-study men, super-
visory employees, clerical employees, employees in the pattern shop,
foundry employees, employees in the shipping, power, heat and light
departments, welders, watchmen, building maintenance employees,
yard laborers, electricians, painters, employees in the reel and pipe
shops, fishing tool employees, blacksmiths, blacksmiths' helpers,. and
storeroom men, constitute an appropriate unit. The Association and
the Company urge that all maintenance and production employees,
including the employees claimed by the Molders and the I. 'A. 'M.,
constitute a single appropriate unit.
Evidence was introduced at the hearing which tends to show the
appropriateness of the craft units urged by the Molders and the I. A. M.
On, the other hand, evidence showing the integrated nature of
the Company's operations indicates the propriety of a single industrial
2 The Regional Director reported that the. Molders presented 49 authorization or mem-
bership application cards bearing apparently genuine signatures - of persons whose names
appear on the Company 's pay roll of December 8, 1942. Tbere • are approximately"84 em-
ployees in the unit urged by the Molders . The Regional Director also reported that the
I. A. M. presented 51 membership application cards bearing apparently genuine signatures
of persons whose names appear on the December 8, 1942, pay loll of the Company. There
are approximately 77 employees In the unit urged by the I. A. M. The Regional Director
further reported that the Association presented 94 application cards bearing apparently,
genuine signatures of persons whose names appear on the Company 's pay roll of December 8,
1942 . There are 218 persons In the unit claimed by the Association.
-,BOVAIRD & ,, SEYFANG -MANUFACTURING COMPANY 1243
unit. There•is no,history of collective bargaining at the Company's
plant either on an industrial or craft basis. In this situation, we shall
permit the scope of the bargaining unit or units to be' determined in
part by the results of separate elections. , The groups that choose the
I. A. M. or the Molders as their bargaining representatives will con-
stitute separate and distinct appropriate units. Those groups choos-
ing the Association will, together, constitute a single appropriate unit.
There remains for consideration the specific composition of the
voting units.
The Association and the Company urge that yard ' laborers be in-
cluded,rn the voting unit composed'of the foundry employees. These
employees unload materials in the Company's yard for the various
departments in the, plant. They perform no, work in the foundry and
• are not subject to the jurisdiction of any of the foundry supervisory
employees. We shall exclude such employees from the voting unit of
foundry employees but include them in the residuary voting group.
The Company urges that all crane operators be included in either
the machine shop or foundry voting groups. The record indicates that
the crane operators that work in the machine shop are subject to-the
supervision of the machine"shop, foremen, whereas crane operators who
work in the foundry are under the supervision of the foundry fore-
men. Moreover, the duties of each group of crane operators are func-
tionally related to those of other employees in the shop in which they
work. Under these circumstances, we shall include crane operators
in the machine shop voting unit and crane operators in the foundry
voting unit depending upon the situs of their work.
The Company contends that heat exchange assemblers , welders, build-
ing maintenance employees, electricians, storeroom employees, black-
smiths, blacksmiths' helpers, pipe shop employees, and inspectors should
be included in the 'machinists' voting, unit. - The Association would in-
clude inspectors , heat exchange assemblers, timekeepers , welders and
building maintenance employees in the machine shop voting unit.
The heat exchange assemblers work in the assembly department under
the same supervision as other employees who are admittedly in the
unit sought by the I. A. M. and, perform work closely related to that
of such persons. We shall, therefore, include heat exchange as-
semblers in the machinists' voting group. The welders are em-
ployed in the machine shop and work under the same supervision
as the heat exchange assemblers . We shall include welders in the
machinists ' voting group. The electricians , building maintenance
employees , blacksmiths , and blacksmiths' helpers work throughout
the Company's entire operations , are not subject to the supervision
of • any of - the machine shop foremen , and perform work dissimilar
to that of the employees claimed by the I. A. M. We shall exclude
such employees from the machinists' voting unit.
1244 DECISIONS OF N'ATZONAL LABO'R' REliATIONS' BOARD
Although inspectors work in the machine shop, they perform no
production work and are classified by the Company as a part of
the engineering department. We shall exclude them from voting
in 'the machine shop unit. Timekeepers work in the machine shop
but report directly to the superintendent and are not subject to the
supervision of the machine shop foremen. We shall exclude time-
keepers from the machinists' voting unit. Employees in the reel
shop,'pipe shop, and fishing tools department perform work which
has no relation to the work performed ' in the machine shop. We
shall exclude all such persons from the machinists' voting group.
The Company requests that watchmen be excluded from the resid-
uary voting group and the Association contends that such persons
should be included. The watchmen guard the Company's premises
and are deputized. We shall exclude watchmen from the residuary
voting group.
Upon the basis of the entire record and in accordance with the
foregoing findings of fact, we shall order elections among the em-
ployees of the Company, within the groups described below :
1. All production and maintenance employees in the foundry of
the Company, including employees in the molding,.core, and shake-
out departments, chippers, grinders, cranemen in the foundry,
foundry laborers, and miscellaneous foundry employees, but°exclud-
ing laboratory and cupola testers, supervisory employees, clerical
employees, yard laborers, and all other employees not employed in the
foundry, to determine whether they desire to be represented by the
Molders, or by the Association, for the purposes of collective
bargaining, or by neither.
2. All production and maintenance employees in the machine shop,
assembly room, and tool room of the Company, including crane
operators in the machine shop, truckers and sweepers in the machine
shop, heat exchange assemblers, and welders, but excluding all em-
ployees in the foundry, inspector's, timekeepers, time-study men,
supervisory employees, clerical employees; pattern shop employees,
employees in the shipping, power, heat and light departments, watch-
men, building maintenance employees, yard laborers, electricians,
painters, employees in the reel and pipe shops, fishing tool employees,
blacksmiths, blacksmiths' helpers, and storeroom men, to determine
whether they desire to be represented by the I. A. M., or by the Asso-
ciation, for the purposes of collective bargaining, or by neither.
3. All the remaining production and,maintenance employees of the
Company, including yard laborers, timekeepers, and inspectors, but
excluding watchmen, foremen, assistant foremen, office clerical em-
ployees, and time-study men, to determine whether or not they desire
to 'be `represented by the Association, for the purposes of collective
bargaining. ,
BOVAIRD & SEYFANG, MANUFACTURING COMPANY, . 1245
As stated above, there will be no final determination, of the
appropriate unit or units pending the results of the elections.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the questions concerning representation which have
arisen can best be resolved by means of elections by secret ballot. The
I. A. M. and the Molders urge that the pay roll of December 8, 1942,
be used to determine eligibility to vote. The Company and the Asso-
ciation contend that a current pay roll should be used for that purpose.
Inasmuch as no persuasive reasons appear why we should depart from
our usual practice, we shall direct that the employees eligible, to vote
shall be those who were employed during the pay-roll period imme-
diately preceding the date of the Direction of Elections herein, subject
to the limitations and additions set forth in the Direction.
DIRECTION OF ELECTIONS
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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Bovaird-& Seyfang
Manufacturing Company, Bradford, Pennsylvania, elections 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
supervision of the Regional Director for the Sixth Region, acting in
this matter as agent for the National Labor Relations Board, and
pursuant to Article III, Section 10, of said Rules and Regulations,
among all employees of the Company in each of the groups described
below ,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 :
1. All production and maintenance employees in the foundry, in-
cluding employees in the molding, core, and shake-out departments,
chippers, grinders, cranemen in the foundry, foundry laborers, and
miscellaneous foundry employees, but excluding laboratory and cupola
testers, supervisory employees, clerical employees, yard laborers, and-
all other employees not employed' in the foundry, to determine whether
they desire to be represented by Local 141, International Molders and
Foundry Workers Union of North America, affiliated with the Amer-
1246 - DECISIONS OF NATIONAL LABOR ' RELATIONS BOARD
ican Federation of Labor, or by Employees Association of Bovaird &
Seyfang, for the purposes of collective bargaining, or by neither.
2. All production and maintenance employees in the machine shop,
assembly room, and toolroom, including crane operators in the machine
shop, truckers and sweepers in the machine shop, heat exchange assem-
blers, and welders, but excluding employees in the foundry, inspectors,
timekeepers, time-study men, supervisory employees, clerical em-
ployees, pattern shop employees, employees in the shipping, power,
heat and light departments, watchmen, building' maintenance ' em-
ployees, yard laborers, electricians, painters, employees in the reel and
pipe shops, fishing tool employees, blacksmiths, blacksmiths' helpers,
and storeroom men, to determine whether they desire to be represented
by International Association of Machinists, affiliated with the Amer-
ican Federation of Labor, or by Employees Association of Bovaird &
Seyfang, for the purposes of collective bargaining, or by neither.
3. All remaining production and maintenance employees, including
inspectors, timekeepers,`and yard laborers, but excluding watchmen,
foremen, assistant foremen, office clerical employees, and time-study
men, to determine whether or not they desire to be represented by
Employees Association- of Bovaird & Seyfang, for the purposes of
collective bargaining. --
MR. Wm. M. LEISERSON took no part in the consideration of the
above Decision and Direction of Election.